Financial Abuse of Elderly Immigrants

Immigrants, especially elderly immigrants, are exceptionally vulnerable to financial scams. Our elderly immigration clients are usually not fluent in English, and not familiar with U.S. financial and legal systems. They may not realize they have been defrauded before it is too late, and may not know that there are legal remedies that may allow them to recover some or all of their loss. This article discusses how immigration counsel can take a proactive role in protecting the client.

For instance, if the family of an elderly immigrant client notices unusual changes in their relative's manner or habits, immigration counsel can advise them that they should be aware of potential financial abuse. Unfortunately, as the economy worsens, the scams that focus on elderly immigrants worsen as well.

Here are some tips to give to clients and their families who may be susceptible to financial abuse:

When a victim is being defrauded of his or her money, it is most often accompanied by some activity regarding the victim’s bank account, personal property, or even the victim's home. Actions of the victim that are signs of potential financial abuse to be aware of include activities in which the victim:

- engages in bank activity that is erratic, unusual or uncharacteristic.

- withdraws large sums from his or her account in a secretive manner.

-engages in bank activity that is inconsistent with the older person's ability (such as use of an ATM card despite the fact that the customer is house-bound).

-suddenly acquires new acquaintances, particularly those who take up residence with the customer.

-makes changes to property titles, will or other documents and is confused about the consequences of those changes.

-executes a power of attorney and is confused by the consequences of this action.

-doesn't have amenities for which he or she can pay (complains about having no heat despite the fact that he or she can afford to have it).

-indicates that some of his or her property is suddenly missing.

-indicates that he or she is being evicted.

-has obvious health or mental problems that are not being treated.

-indicates that his or her mail is no longer being delivered to the customer's home.

-is normally friendly, but begins to withdraw socially from family and friends or is afraid to engage in conversation with them.

-is consistently accompanied by someone who encourages him or her to withdraw large amounts of cash.

-is worried that he or she will be harmed for not giving money to a caregiver or companion.

-a noticeable change in the appearance and grooming of the victim.

-becomes disoriented, doesn't know where he or she is or indicates that he or she is forgetting where things are.

-noticeable change in the disposition or mood of the victim.


If any of the above signs of financial abuse present themselves, two questions arise. First, can anything be done about the abuse? Secondly, is the reporter of abuse exposing him/herself to a potential defamation action by reporting the suspected abuser? The answers to these questions are yes, there are laws to protect victims from financial abuse; and no, there is protection under the law from being sued for reporting suspected abuse.

California has adopted the Elder Abuse and Dependent Adult Civil Protection Act. The Act defines "financial abuse" as occurring when any person or entity takes, secretes, appropriates or retains real or personal property of an elder or dependent adult with the intent to wrongfully use or defraud, or who assists in doing so. It protects both elders 65 and over, and dependent adults. A "dependent adult" is a California resident between the age of 18 and 64 who has physical or mental limitations that restrict his or her ability to carry out normal activities, or to protect his or her rights.

The Act defines reporters of possible abuse as either "mandated" or "non-mandated." "Mandated reporters" include any person who has assumed full or intermittent care or custody of an elder or dependent adult, regardless of compensation or license, elder or dependent adult "care custodians," health care practitioners, employees of Adult Protective Services and law enforcement officers. Failure of mandated reporters to report is a misdemeanor.

All other persons, including, for instance, the victim's lawyer, accountant, financial institutions and their employees, and the family and friends of the victim, are "non-mandated" reporters, if they know, or reasonably suspect an elder or dependent adult has been, or is in the process of becoming, a victim of abuse of any kind.

The Act provides that a non-mandated reporter of known or suspected elder or dependent adult abuse shall not incur civil or criminal liability as a result of a report, unless it can be proven that a false report was made and the person knew it was false.

In a typical scenario, the family of the victim has noticed unusual behavior in their elderly relative. With education on recognizing the signs of abuse, the family decides that there is reasonable suspicion of financial abuse to their elderly relative. As a potential non-mandated reporter, the victim's family has only two reporting options to be within the qualified safe harbor of the Act: to report to either county Adult Protective Services (APS), or a local law enforcement agency, including a prosecutor's office.

In addition, non-mandated reporters should be able to show that reports have been made upon reasonable suspicion. "Reasonable suspicion" includes " . . . an objectively reasonable suspicion that a person would entertain, based upon facts that could cause a reasonable person in a like position, drawing when appropriate upon his or her training and experience, to suspect abuse." If the immigration lawyer has personal knowledge of the facts and circumstances that would lead to “reasonable suspicion”, he or she would be the reporter.

Immigrants, and especially elderly immigrants, are unfamiliar with the ways in which business is conducted in the U.S., and that they have any recourse from fraud. Because the relationship with most immigration attorneys and their clients often extends to various family members over a large expanse of time, the immigration attorney often is in a position help an elderly immigrant victim and/or his or her family and friends to recognize financial abuse, take appropriate action to signs of financial abuse, and be able to articulate the specific reasons for the suspicion. The abuse can then be reported and the abuser forced to return the property or money of the defrauded victim, often with appropriate penalties for their fraudulent actions.

About the author: Kathleen Lord-Black is an immigration and foreclosure defense attorney whose offices are located in downtown San Francisco and in Santa Cruz, CA. She has served as Immigration Consultant for the San Francisco Public Defenders Office, 2005 Chair of the Immigration Section of the Barristers Club of the Bar Association of San Francisco, and former Congressional liaison for U.S. Representative Farr. Ms. Lord-Black is an active member of the Center for California Homeowner Association Law in Oakland and the American Civil Liberties Union. Her articles regularly appear in the Bay Area Arabic-language newspaper, Alra’i Alarabi. Ms. Lord-Black can be reached via email at kathleen@kathleenlord.com; and by telephone at (415) 205-5601 and (831) 332-7515. Her web address is www.kathleenlord.com.