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financial abuse

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1 out of 4 women experience domestic violence

If you are experiencing abuse of any kind including living in a domestic violent situation - please seek out help from a domestic violence shelter - police officer or sheriff's department. Church administrators, family and friends may be well meaning and attempt to protect you, but it is important that you leave others out of your dangerous situation and contact the authorities that can help you.

Call either this national hotline phone number 1-800-799-SAFE (7233)
1-800-787-3224 (TTY)
for domestic violence & abuse or call you police department for a local number.

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you can't look into the eyes of domestic violence

Financial abuse is the abuse of a system, person or group of persons whereby the aggrieved party is unfairly or illegally, severely or even minimally, compromised in his or her life savings or income.

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Financial Abuse
by Kathleen Howe
4/20/08
 
It's very important for those experiencing domestic violence, mental, verbal, physical or sexual abuse in an abusive marriage or live-in relationship to realize that they are totally vulnerable to being abused financially as well. As I write about this topic, please be sure I am thoroughly experienced as the "victim" of financial abuse and never knew it throughout my many years of living in domestic violence.
 
Those experiencing abuse in the marriage or live-in relationship are prone to many disadvantages that they are most likely not aware of. Their total mindset is involved in "getting through their day," moment by moment, hour by hour and actually minute by minute. Not only is their mind consumed with the many possibilities that might occur due to their own actions or verbal statements to an abusive spouse; but they are so mentally consumed with anxiety, depression and most likely any other number of anxiety disorders that they can't be watchful of important information such as their own financial status.
 
I dealt with several types of financial abuse throughout my three abusive marriages and it's an important part of my recovery that I understand what happened then and how I need to prevent any of these incidents from happening to me again in the future. Although I have managed to learn many things concerning abusive relationships and the abuser - I believe it's important for me to relay that my parents never raised me to be financially independent; therefore I was at a disadvantage from the start.

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Although I grew up in an upper middle class family, who really wasn't "in need" of anything - my parents never made it abundantly clear that everything we had wasn't acquired through magic. Perhaps today's child is more aware than we, the baby boomer generation, was of struggling to make a living - but I certainly was never taught that there were bills that needed to be paid. Whenever I wanted or needed something I asked for it and it was provided. I wasn't a spoiled child, thank goodness, but I was used to living at a certain standard. I didn't "need or want" many things, so there weren't ANY arguments, debates or restrictions concerning what I asked for. I believed that it was like this in everyone's family.
 
My parents never informed us concerning the importance of saving money for a "rainy day" or even saving money for something we may want to buy on our own. We never received an allowance, for all chores were simply expected as being a part of the family and contributing to the household. While both of my parents worked, it was a well established fact that my mother worked because she wanted to have a "career" and the fact that she also hated staying home all day as a "housewife and mother." Staying home bored her to death!
 
My father on the other hand was a submissive kind of guy when it came to the money, as far as I know anyway. My mother handled all the bills and the money in the family. She made the purchases, bought the groceries and our clothes. She furnished the house, but seemed to be as frugal as possible using her sewing skills whenever she thought that she could save money. In my early childhood years when I suppose money was tighter for them;  my mother sewed all of our clothes.
 
When it came time for me to get a job when I was fifteen or sixteen, I wasn't ever asked to contribute to the family fund, or asked to save money for a car or college - it was just assumed I would spend the money on whatever I wanted to. I often paid my long distance phone bill because my boyfriend was in an out of state college. Other than that, I spent my money on my entertainment, food I wanted to eat or just incidentals at the drug store such as shampoos, lotions and makeup.
 
Just before my high school graduation, I asked my father to help me with my college applications especially to understand what financial aid was and he laughed at me - humiliating me terribly - telling me that he wouldn't help me go to college. He told me to go find a man to marry and have kids with because that's what women were meant to do. And so I did.

I found this guy as quickly as possible and set a date within six months time to get married. My mother laughed and informed him, "You will never be able to support Kathleen in the manner to which she has become accustomed to."

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From the beginning of our marriage I had no idea how much money we needed or how much money we had. If I needed some money I would ask for it and he would give it to me, if he was in a good mood. Then as time went by, a few months, I needed money to go home to my mother because he was being abusive with me. I didn't have any. So I got a job. I got a job, but really didn't have any skills to speak of besides typing. I could only type about 40 WPM. I got a job at Gucci in Palm Beach working in the office. I learned to work the telex machine. It was there that I met my first real friend.
 
I truly don't remember what I did with my money back then. I do know that I was out partying and drinking and dancing though so I know I spent some of my money on that. I bought groceries as well, but we only had a small apartment size refrigerator and no oven, besides a toaster oven, so we didn't need much food to keep at the apartment. I lived one block from the ocean in Palm Beach and we had a great time except for when I was with my husband. His friends treated me better than he did.
 
My husband was a teaching golf pro and he was parking cars at the Royal Poinciana Playhouse with some other golf pros. He had been promised a job in the season, summer months, up in Burlington, Vermont so we would be traveling up there to live in the spring. Things went okay, but still, I had no real concept of what kind of money needs I had or what I would do if anything happened to my husband. We were just going to the beach on the weekends during the day, dancing and drinking at night and playfully working at Gucci during the week days.

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Long story short - I remained a stay at home mom after getting pregnant that spring. I did have a part-time job at the bank as a teller in Burlington and I had a part time job as a waitress and as a ticket seller at Jai A'Lai, but I never had any real job and no means to acquire one when the time came for me to file for divorce after 8 years of marriage. So I basically was left out in the cold and went through some of the most traumatic experiences you can go through in a divorce - your husband takes your children and won't let you back into the house.
 
I ended up getting a waitress job. I didn't know how to manage money or take care of myself and my kids really. So I made plenty of money, but I didn't know how to pay bills and get responsible. I was used to buying whatever I wanted, so I kept it up. Before long I would come home to the water shut off or the electricity shut off and before long the mortgage was long overdue and they were kicking me out of my home. But... a big but here... I had met another man. He was a cop and he wanted to take care of me. Easy enough, eh?
 
So I moved in with him and shortly we were married. It was the worst move of my entire life. Cops are totally control freaks for the most part. I'm still trying to give them some kind of credit, but I've not met that really nice cop yet. It wasn't long before I was pregnant and I began to see the control and power plays coming into play. I was working though. I still didn't understand about paying bills and when he insisted I take over that chore, I failed miserably.
 
Listen up here ladies and gentlemen~ sometime my husband decided to open his own private bank accounts that I knew nothing about. This section is about financial abuse so I want to stick to that part of it, although there are many points to be made about being aware of abusive people in this story. I started handing over my tips and paychecks to him so he could pay the bills. I didn't know what he was doing with the money though. This is a type of financial abuse. He was saving up for when he would decide to leave me for a younger wife.
 
When the time came for him to move out - he did. It was then that I received the bank statement from the account I didn't know about. He wouldn't give me any money either. One other point - very important - he had told me to reliquish my child support for my two girls who weren't his because he wanted us to move out of state and he knew it may be the only way my ex-husband wouldn't fight it. So I did.
 
Never relinquish child support for any reason. I needed that money when he left me and the kids and I didn't have it. This in iteself is another form of financial abuse. When you have money coming for your children and your husband is feeling he has no control over that money - if he is an abusive spouse - that will bother him. He will begin to complain about that money being in your hands. Money is power.

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All during this marriage my husband had controlled me through the belief that we didn't have enough money to live on. He continually made me feel guilty for making mistakes when I was paying the bills in the first year of our marriage. He had made me feel so bad about not having enough money that I wouldn't even buy myself the most basic needs, like tampons or sanitary napkins and made myself some rags I folded and used to wash out and use over and over.
 
My kids needs went before anything I needed but still I didn't dare buy them clothes or anything else they needed without his permission and his handing me the money. He would only allow me $50.00 a week for groceries and I had to bring him the receipt and the change even if it was pennies.
 
He began to time me when it came time to go to the grocery store. I was under his thumb in every aspect of my life with him even telling me that if I lost 10 more pounds he would love me more. Little did I know he was already having sex with other women after work, while he was working and on his days off. I never questioned him as to where he was going or what he was doing.
 
In the end of our marriage the problems with not having enough money caused me to send my two girls to live with their father on a temporary basis until I could get myself re-settled. Nice concept, but it never happened that way. My oldest daughter ended up being kicked out of her father's house in her junior year of high school without my knowledge because her step mother couldn't get along with her. My next oldest daughter also had life threatening problems in her teen years, but she did return to live with me eventually.

Marriage #3 was another instance of financial abuse. My husband didn't work because he was on worker's compensation from his job after getting hurt.
 
I'll continue this column soon!~

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From the state of Oregon: (We may assume that each state has their own laws for this but they must be all similar)
Financial Abuse of Vulnerable Adults

The following information regarding financial abuse of vulnerable adults is brought to you as a public service by the lawyers of the State of Oregon. The material presented is intended to alert you to possible legal problems and solutions.

Elders and other vulnerable adults are often targeted by unscrupulous people who want to take away the elders’ savings, investments, cars - even their homes and their identities. The perpetrators are sometimes professional criminals; more often they are care givers; and most often of all, they are family members. Sometimes financial abuse is accompanied by physical abuse or threats and intimidation — a topic outlined in Protection of Elders and Disabled Adults from Violence and Emotional Abuse. This topic, however, will talk about financial abuse; how to recognize it; and how to get help.

Many elders are too embarrassed or ashamed to seek help when they have been taken advantage of. Choosing not to get help can be a terrible decision, however. In many cases, financial abuse is a crime. Sometimes perpetrators will disappear with a victim’s life’s savings, leaving the victim destitute and homeless. In some situations, perpetrators have even been known to kill their victims when the victims no longer have any money for them to take or when the victims have written wills that give the perpetrators money or things that the perpetrators will try to get as soon as the victim dies. In short, being embarrassed is a small price to pay for your personal and financial security.

Financial abuse covers a whole array of wrongdoing. Some examples include

–the use of someone else’s name to obtain credit that a person could not get in his or her own name

–the misuse of a power of attorney to remove money from someone else’s bank account or to take out a mortgage on someone else’s home

–moving in to another person’s home by promising services or companionship and then pressuring the person to get presents or favors

–targeting elders and disabled people for sweepstakes promotions and telephone fraud

–persuading someone to ‘invest’ in a bogus business opportunity

–refusing to return money or property to the rightful owner after holding it in trust for that person

–improperly hiding or taking another person’s prescription medications

There are many other situations where an unscrupulous person tries to take advantage of a trusting vulnerable person.

Oregon law provides for both criminal and civil sanctions against financial abusers of vulnerable persons. The examples just laid out are different varieties of theft, including identity theft and theft by deception. These are crimes that can be prosecuted by the state. Depending on the amount taken or wrongfully kept, the theft could be a misdemeanor or a felony.

This kind of conduct can sometimes be characterized as criminal mistreatment, which generally carries even stiffer penalties. In successful prosecutions of these cases, the state is sometimes able to get stolen property back, and it often tries to get the offender to pay restitution as part of the penalty for the crime. If you suspect that someone - even if it is a family member or friend - is using your money, property, or good name improperly, you can call the area agency on aging in your area or call toll free to 800-232-3020. You also can call the police in your community for assistance. The district attorney, and in some cases, the attorney general’s office, handles prosecutions in these cases.

The state prosecutor’s office does not represent people in civil cases. For elders and people with disabilities who have been financially abused, there are at least two civil remedies that are not available to other people. One is a protection order under the Elder and Disabled Persons Abuse Prevention Act. If you ask the court for this kind of protection order, there is no filing fee; in many cases, you likely do not even need a lawyer to start the case. The court clerk’s office has the necessary forms.

You also can download the forms using the internet. Another civil remedy applies to many more situations. It is called an action for abuse of elderly or incapacitated person. You can file this kind of case if you have been injured or suffered damages as a result of financial abuse. This kind of case can be filed by the heirs or the personal representative of a person whose death was the result of abuse.

You can sue not only the person who directly caused the harm but also someone who permitted that person to harm you. Having representation by an attorney is essential in this kind of case. If you win your case, the court will order the abuser to pay your attorney’s fees and your costs in the case, as well as damages of at least $500, and other money to compensate you for your suffering. The court also can order the abuser to return property and stay away from you, among other things. This kind of case cannot be brought against financial institutions like banks, health care facilities, or brokers unless the person is convicted of a crime in relation to the abuse that you have used as the basis of your lawsuit.

Other civil and criminal remedies that are available for everyone also apply to people with disabilities and elders. An attorney can explain what some of those remedies are.

source site: click here

Financial Abuse

Elder financial abuse spans a broad spectrum of conduct, including:

  • Taking money or property
  • Forging an older person's signature
  • Getting an older person to sign a deed, will, or power of attorney through deception, coercion, or undue influence
  • Using the older person's property or possessions without permission
  • Promising lifelong care in exchange for money or property & not following through on the promise
  • Confidence crimes ("cons") are the use of deception to gain victims' confidence
  • Scams are fraudulent or deceptive acts
  • Fraud is the use of deception, trickery, false pretense or dishonest acts or statements for financial gain
  • Telemarketing scams. Perpetrators call victims & use deception, scare tactics, or exaggerated claims to get them to send money. They may also make charges against victims' credit cards without authorization

Who are the perpetrators?

Family members, including sons, daughters, grandchildren, or spouses.

They may:

  • Have substance abuse, gambling, or financial problems
  • Stand to inherit & feel justified in taking what they believe is "almost" or "rightfully" theirs
  • Fear that their older family member will get sick & use up their savings, depriving the abuser of an inheritance
  • Have had a negative relationship with the older person & feel a sense of "entitlement"
  • Have negative feelings toward siblings or other family members whom they want to prevent from acquiring or inheriting the older person's assets

Predatory individuals who seek out vulnerable seniors with the intent of exploiting them.

They may:

  • Profess to love the older person ("sweetheart scams")
  • Seek employment as personal care attendants, counselors, etc. to gain access
  • Identify vulnerable persons by driving through neighborhoods (to find persons who are alone & isolated) or contact recently widowed persons they find through newspaper death announcements
  • Move from community to community to avoid being apprehended (transient criminals)

Unscrupulous professionals or businesspersons, or persons posing as such. They may:

  • Overcharge for services or products
  • Use deceptive or unfair business practices
  • Use their positions of trust or respect to gain compliance

Who is at risk?

The following conditions or factors increase an older person's risk of being victimized:

  • Isolation
  • Loneliness
  • Recent losses
  • Physical or mental disabilities
  • Lack of familiarity with financial matters
  • Have family members who are unemployed and/or have substance abusers problems

Why are the elderly attractive targets?

  • Persons over the age of 50 control over 70% of the nation's wealth
  • Many seniors do not realize the value of their assets (particularly homes that have appreciated markedly)
  • The elderly are likely to have disabilities that make them dependent on others for help. These "helpers" may have access to homes and assets & may exercise significant influence over the older person
  • They may have predictable patterns (e.g. because older people are likely to receive monthly checks, abusers can predict when an older people will have money on hand or need to go to the bank)
  • Severely impaired individuals are also less likely to take action against their abusers as a result of illness or embarrassment
  • Abusers may assume that frail victims will not survive long enough to follow through on legal interventions, or that they'll not make convincing witnesses
  • Some older people are unsophisticated about financial matters
  • Advances in technology have made managing finances more complicated

What are the indicators?

Indicators are signs or clues that abuse has occurred. Some of the indicators listed below can be explained by other causes or factors and no single indicator can be taken as conclusive proof. Rather, one should look for patterns or clusters of indicators that suggest a problem.

  • Unpaid bills, eviction notices, or notices to discontinue utilities
  • Withdrawals from bank accounts or transfers between accounts that the older person can't explain
  • Bank statements & canceled checks no longer come to the elder's home
  • New "best friends"
  • Legal documents, such as powers of attorney, which the older person didn't understand at the time he or she signed them
  • Unusual activity in the older person's bank accounts including large, unexplained withdrawals, frequent transfers between accounts, or ATM withdrawals
  • The care of the elder isn't commensurate with the size of his/her estate
  • A caregiver expresses excessive interest in the amount of money being spent on the older person
  • Belongings or property are missing
  • Suspicious signatures on checks or other documents
  • Absence of documentation about financial arrangements
  • Implausible explanations given about the elderly person's finances by the elder or the caregiver
  • The elder is unaware of or doesn't understand financial arrangements that have been made for him or her

How can I learn more?

Nerenberg, L. (1999). Forgotten victims of elder financial crime and abuse: A report and recommendations. Produced by the Goldman Institute on Aging for the National Center on Aging (NCEA), this report summarized four roundtable discussions sponsored by NCEA, which focused on four components of the legal system: the state and criminal justice system, federal investigative and regulatory agencies, the civil legal system, and the victim witness assistance network. Professionals from each system described challenges they face in handling financial abuse cases and made recommendations for improving each system's response. To view, click here to download it from the NCEA web site.

Volume 12 Number 2 (2000) of the Journal of Elder Abuse & Neglect is devoted to elder financial abuse. For more information about JEAN and a listing of articles in the issue, click here.

A/PACT: Aging Parents and Children Together. Produced by the American Association of Retired Persons (AARP) and the Federal Trade Commission (FTC), this consumer education series includes 10 1-3 page articles focusing on consumer fraud, daily money management, alternatives to guardianship, etc. Contact the AARP for more information.

source site: click here

Resources for more information:
 

 
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