Tag: elder financial abuse

Little Red Riding Hood: A Cautionary Tale from a California Case.

April 17, 2025 / David Russell / 0 Comments

[De Anda v. Guillen; California Court of Appeals, Second District, First Division, Decided Apr 21, 2023]

Imagine trusting a loved one, only to discover they’ve betrayed that trust by exploiting your finances. This is the heartbreaking reality one grandmother, Julianne De Anda [Substitute Name] faced when her granddaughter, “Lisa Guillon [Substitute Name], misappropriated a $375,000 construction loan meant for De Anda‘s home remodel, using it for personal expenses and a failing business. The De Anda v. Guillon case serves as a stark reminder of the vulnerabilities our aging loved ones face. By understanding the details of this case, we can better equip ourselves to identify potential issues and prevent similar situations from affecting our own families.

Key Findings and Preventative Measures

his case offers several key insights that can help families protect their aging loved ones from financial exploitation:

The Importance of Open Communication: In the De Anda case, the initial agreement seemed reasonable: housing and care in exchange for home improvements. However, the lack of clear, documented agreements and open communication paved the way for misunderstandings and abuse. The court noted that it was unclear to what extent the parties agreed that Guillon would be allowed to live in the home indefinitely, or that she would inherit the home entirely when De Anda died.

Preventative Measure: Encourage open and honest conversations about finances, living arrangements, and care plans. Regular family meetings can provide a platform for discussing concerns and making informed decisions together. Document all agreements in writing, with the assistance of legal counsel.
Be Wary of Joint Tenancy: Guillon persuaded De Anda that a joint tenancy was necessary for the loan. This highlights the danger of elders signing legal documents without fully understanding the implications. The court found that Guillon “persuaded” De Anda that she would not be able to obtain a loan to finance the Pasadena home remodel unless De Anda “deeded half the house to [Guillon] as joint tenants in common with the right of survivorship.”

Preventative Measure: Before signing any legal or financial document, especially those involving property, ensure your loved one seeks independent legal and financial advice. A neutral professional can explain the terms and potential risks. Emphasize that joint tenancy can have significant consequences, including loss of control over the property.
Monitor Finances: One of the most alarming aspects of this case was the misappropriation of funds. Guillon commingled the construction loan with her personal and business accounts, making it difficult to track. The court found that “Without any accounting, [Guillon] commingled construction money, Taco Factory money, her personal funds, [and] personal and business loans.”

Preventative Measure: If you are helping manage an elder’s finances, maintain meticulous records. Use separate accounts for specific purposes (e.g., a dedicated account for the remodel). Regularly review bank statements and credit card bills for any unusual activity. Set up alerts for large withdrawals or transfers.
Trust Your Instincts: De Anda’s children discovered the fraud when they noticed irregularities in her bank accounts and a forged document. This underscores the importance of paying attention to red flags. The court noted that De Anda’s ATM card was missing, as was over $200,000.

Preventative Measure: If something feels off, investigate. Don’t dismiss your concerns, even if the person involved is a family member. Trust your instincts and seek professional help if needed. Encourage other family members to stay involved and voice their concerns.
The Danger of Undue Influence: The court found that Guillon exerted undue influence over De Anda, leading her to make decisions that were not in her best interest. The court noted Guillon’s foreclosure, multiple debts, a prior judgment against her, and virtually no cash or assets other than the joint tenancy she had persuaded De Anda to grant her.

Preventative Measure: Be aware of situations where an elder is isolated or overly reliant on one individual. Encourage them to maintain social connections and seek advice from multiple sources. Watch for signs of manipulation or coercion.
Professional Oversight: The construction project in the De Anda case lacked proper oversight, which allowed Guillon to mismanage funds and leave the remodel incomplete. The court found that “two-thirds of the [remodel] loan money had been spent before building permits had been pulled.”

Preventative Measure: When undertaking significant projects like home renovations, involve reputable contractors and professionals. Obtain multiple bids, check references, and ensure contracts are clear and detailed. Consider hiring a project manager to oversee the work and finances.

Recognizing Financial Elder Abuse: Financial elder abuse often involves subtle manipulation and deception. It’s crucial to recognize the signs, which can include:

Sudden changes in financial habits
Unexplained withdrawals or transfers
Newfound isolation from family and friends
Unusual interest in the elder’s assets by a caregiver
Reluctance to discuss financial matters

The De Anda v. Guillon case serves as a stark reminder of the vulnerabilities our aging loved ones face. Not only did this separate a grandmother from her granddaughter, but the entire family was fractured by this event.

By learning from this unfortunate situation, we can take proactive steps to protect our elders from financial exploitation. Open communication, careful monitoring, and a healthy dose of skepticism can go a long way in safeguarding their personal and financial well-being.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. Consult with a qualified legal professional for advice tailored to your specific situation.

Hollywood Cases Highlight the Benefits of Long Term Care Trusts.

March 4, 2025 / David Russell

When planning for long-term care, many individuals focus on purchasing insurance or setting aside assets to cover future expenses. However, financial abuse and mismanagement can derail even the best-laid plans. A long-term care trust offers a structured, protective approach to ensuring that funds are used appropriately, especially when an individual is no longer able to manage their own affairs.

What Is a Long-Term Care Trust?

A long-term care trust is a standby revocable trust designed to provide financial oversight for an individual’s long-term care needs. While the settlor (the person creating the trust) is capable, they retain control over the trust assets. However, the trust includes springing provisions—legal language that allows a successor trustee to step in and take over management if the settlor is deemed incapacitated.

The trust can own various assets, including long-term care insurance policies, life insurance policies with long-term care riders, and liquid assets designated for care-related expenses. Once the successor trustee takes over, they are responsible for filing insurance claims, paying expenses from the trust, and managing trust assets to ensure care needs are met.

Lessons from the John Amos and Mickey Rooney Cases

One of the most compelling reasons to consider a long-term care trust is to prevent financial exploitation, as tragically illustrated in the John Amos and Mickey Rooney cases.

John Amos, a well-known actor, who died in 2014, has been called a victim of elder financial abuse by his adult children, each claiming that the abuse was perpetrated by the other.

Mickey Rooney, another famous actor, provided powerful testimony before Congress about the financial abuse he endured in his later years. Rooney described how he was isolated, financially exploited, and left without access to his own money. His testimony shed light on the widespread issue of elder financial abuse and the devastating impact it can have on an individual’s dignity and well-being.

A long-term care trust may have helped prevent such abuse by placing financial oversight in the hands of a designated trustee rather than leaving assets vulnerable to manipulation by infighting siblings or self-serving outsiders. With a properly structured trust, all care-related expenses are managed transparently and according to predefined terms, reducing the risk of unauthorized withdrawals or misuse.

Key Benefits of a Long-Term Care Trust

Ensures Funds Are Used for Care Needs
By designating a trust to own long-term care policies and other assets, funds are explicitly earmarked for care expenses. This prevents potential misappropriation by well-meaning but financially strained family members.
Streamlines Insurance Claims and Payments
Managing long-term care insurance claims can be overwhelming, especially when a person is already facing health challenges. The trustee, as the legal owner of the policy, handles all paperwork, ensuring that claims are filed correctly and benefits are used as intended.
Protects Against Financial Exploitation
With a structured oversight system in place, there is a clear fiduciary duty to manage funds appropriately. The trustee must follow the trust’s terms, keeping records and providing transparency that minimizes opportunities for fraud or undue influence.
Reduces Family Conflicts and Burdens
Family members often struggle with decisions about paying for care, especially when different parties have competing financial interests. A long-term care trust provides clear guidelines, removing ambiguity and reducing potential disputes.
Offers Continuity and Professional Management
If a person becomes incapacitated, the transition of financial management is seamless. The springing provision allows for immediate oversight by the successor trustee, avoiding court intervention or delays that could disrupt care.

Selecting the Right Trustee: The Case for a Professional

Perhaps the most critical decision when establishing a long-term care trust is choosing the right trustee. While some individuals select a family member, this can create conflicts of interest, emotional strain, and potential mismanagement. Instead, using a professional trustee—either an institutional trustee (such as a bank trust department) or an independent professional trustee—offers significant advantages:

Objectivity – A professional trustee is neutral and bound by fiduciary duties, making decisions based on the trust’s terms rather than personal interests.
Expertise – Managing long-term care expenses requires financial, legal, and insurance knowledge that a professional trustee brings to the table.
Accountability – Unlike family members, professional trustees are legally required to keep records, report transactions, and manage funds prudently.
Reliability – Professionals are available long-term and will not face personal circumstances (such as illness or financial hardship) that might interfere with management duties.

A long-term care trust is a powerful tool for ensuring that assets are managed effectively, claims are handled properly, and financial abuse is prevented. By structuring the trust with springing provisions and selecting a professional trustee, individuals can safeguard their care needs and provide peace of mind for themselves and their families.

In a world where financial abuse and care mismanagement are real threats, a well-crafted long-term care trust offers a practical, protective, and proactive solution. Whether planning for yourself or helping a loved one, considering this option is a smart financial move that can make all the difference when it matters most.

Comparing and Contrasting Advanced Aging and Wealth Disparities

February 18, 2025 / David Russell

Early in my career, my sales manager asked his group of trainees of which I was one, “what is the difference between and elderly gentleman and an old man.” His response... “Money.”

Aging is an inescapable aspect of the human experience, and yet, the pathways through advanced age can be profoundly affected by various socio-economic factors, particularly wealth disparities. While financial resources impact access to care and quality of life for older adults, wealth alone does not guarantee a positive aging experience. Instead, the availability of resources often hinges on the willingness and commitment of caregivers, healthcare professionals, and community systems to provide adequate support.

Physical Health

As we enter advanced age, we inevitably face a range of physical challenges, including chronic illnesses, mobility issues, and sensory declines. While the wealthier among us may typically enjoy better overall health outcomes due to greater access to quality healthcare, nutrition, and supportive living environments, having financial means does not inherently ensure effective care.

Access to healthcare requires not only financial resources but also a network of committed healthcare providers, family members, and community support systems. Wealthy individuals might struggle if their caregivers are untrained, unavailable, or unwilling to facilitate their healthcare needs. Even with the best financial means, older adults can encounter barriers if there are no supportive systems in place to bridge the gap between available resources and personal needs. Michael Jackson had immense wealth and popularity, but towards the end of his life, he faced significant financial and personal challenges. Despite his financial resources, he had ongoing battles with management and family members over how his wealth was managed and was often surrounded by individuals who may not have had his best interests at heart.

Additionally, affluent seniors may have access to physical therapy, personal trainers, or wellness programs, but their benefits depend largely on the commitment and expertise of those administering the services. If caregivers lack the necessary skills or motivation to engage individuals in maintaining their physical health, the impact of wealth can be diminished. Therefore, it becomes crucial to recognize that financial ability without the support of capable caregivers may not translate to better health outcomes in aging.

Psychological Well-being

The psychological dimensions of aging are equally complex, with the implications of financial status playing a pivotal role in mental health. Feelings of loneliness and depression are profound concerns for seniors, particularly those facing the isolation that can accompany advancing age. Wealth can potentially provide mechanisms to combat loneliness—such as access to social clubs, travel, or companionship services—but again, financial means do not guarantee emotional well-being. Howard Hughes, the world’s first billionaire, suffered from years of self-neglect and declining mental health.

Wealthy individuals often benefit from networks that can provide such engagement, but they remain dependent on the reliability and affection of those around them. A lack of authentic connection can lead to feelings of emptiness, regardless of financial security. Conversely, seniors with limited financial means may find solace and community among family and friends, fostering psychological resilience even in the face of economic constraints.

Moreover, the attitudes and values of society toward aging can affect how both wealthy and impoverished individuals perceive their aging experience. In cultures that devalue the elderly or view aging as a burden, both wealth and poverty can lead to feelings of despair. What is required, therefore, is not just a financial remedy but a cultural shift that underscores the importance of maintaining psychological health through connection and mutual respect.

Cultural Perceptions

Cultural contexts wield considerable influence over the experiences of aging and perceptions of dignity. In societies that honor elders, aging is often regarded as a time of wisdom and respect, with cultural rituals and familial support playing crucial roles regardless of economic status. Here, dignity can be preserved through community engagement and intergenerational connections, promoting a rich sense of belonging.

However, wealth-driven cultures may regard aging more negatively, often associating it with decline and reduced productivity. This perspective can be particularly damaging for those who are financially disadvantaged. Yet, wealthier individuals are not entirely insulated from ageism—experiences of bias can still permeate their lives if society does not respect and value older adults. Actor Micky Rooney’s family gained control over his assets and personal freedom, even as the actor was objecting to the very authorities that were in place to protect him. Only after hiring and taking legal action, did he prevail with regaining his autonomy.

The key to maintaining dignity across cultural spectrums lies in fostering environments that are inclusive and supportive. This can be achieved through community programs that promote understanding and appreciation of aging and encourage engagement between generations. Such initiatives can help bridge the gap between economic divides, reinforcing the idea that respect for elders should not be predicated on financial status.

Dignity and Integrity Across Wealth Status

Ultimately, dignity and integrity are universal entitlements that transcend financial circumstances. Regardless of wealth, all individuals deserve recognition and respect for their life journeys. The challenge lies in creating a society that honors this belief and ensures equitable access to resources and support. All of the world’s wisdom traditions include honoring elders as one of its core tenants, but we have a history of unobservance. Jesus rebuked the Pharisees for their legalistic adherence to tithing, while they pardoned parental neglect (Matthew 15:1-9).

One promising trend is the development of intergenerational relationships that enable older adults to share their wisdom and experiences while offering younger generations insights into the realities of aging. In doing so, society nurtures an environment where all elders feel valued and empowered.

In this world view, it matters not whether someone accesses care and services through charity, Medicaid, or from personal wealth, each is treated the same.

The relationship between advanced aging and wealth disparities presents both opportunities and challenges. While financial resources can significantly influence physical health, psychological well-being, and cultural perceptions, they do not exist in isolation. The availability of these resources ultimately hinges on the commitment and compassion of caregivers, family members, and community networks. By recognizing and embracing the inherent dignity of every individual, regardless of their financial situation, society can cultivate an environment where all older adults are respected, valued, and supported in their journey through aging. In this way, the focus shifts from the limitations imposed by wealth disparities to the shared human experience of aging, highlighting the importance of connection, mutual respect, and integrity.

Constructive Trusts – When Trust is Broken

September 29, 2023 / drussellcfp

Elder financial abuse is a distressing issue that affects vulnerable seniors, often leading to significant financial losses. In the realm of legal remedies, one powerful tool used to address such cases is the constructive trust. But what exactly is a constructive trust, and how does it work?

At its core, a constructive trust is a legal remedy aimed at correcting unjust enrichment and ensuring that property or assets are returned to their rightful owner. Unlike a traditional trust created by a formal legal agreement, a constructive trust arises by operation of law. It’s a flexible and equitable concept that courts employ when they find that someone has obtained property, assets, or benefits in an unfair or wrongful manner.

Constructive trusts are not exclusive to elder financial abuse cases; they can be applied in various situations where one party has benefited at the expense of another without a proper legal basis. For purposes of our discussion however, we’ll focus on their use in elder financial abuse situations.

Court of Appeals Affirms That Will Was Product of Undue Influence

July 9, 2020 / drussellcfp

The Law Firm of Faegre Drinker Biddle & Reath LLP, recently published the trial court results of a case involving a charge of Undue Influence brought by the two adult children of William Moriarty.

Mr. Moriarty was widowed in April 2016. William had been diagnosed with depression, anxiety and congestive heart failure following Doreen’s death. Eve, who had been married three times previously and had met William while Doreen was alive, began dating him within weeks after Doreen’s death.

Afterward, Cathy and Paula noticed a marked change in their relationship with their father, though they did not learn of his and Eve’s relationship until soon before they were married. Eve and William married about seven months after Doreen’s death, and neither Cathy nor Paula were invited to, or attended, the wedding.

From firing William’s caregiver to procuring a new will for him through her own lawyer, Eve also was named as joint owner of a new, large home purchase shortly after their marriage, as well as of a new $60,000 Lexus.

Relying on an expert witness, the court determined that William’s physical and psychological impairments made him vulnerable to undue influence.

The trial court was convinced that Eve exercised undue influence over William due to multiple facts presented at trial, including the dramatic shift in his estate plan only one month before his death and Eve’s involvement in procuring his will and surrendering his life insurance policy. The trial court was less than impressed with Eve’s demeanor in court, noting her “flat affect during emotional testimony,” which left the court “with no confidence that Eve married William because she loved him and with the conclusion that Eve planned to take all of William’s money all along.”

Ultimately, the trial court declared that the purported will was invalid due to William’s lack of capacity and Eve’s undue influence over him, and it ordered that William’s estate be distributed as if he had died intestate.

The court also ordered Eve to transfer title of bank accounts, the house and the car — all of which she otherwise would have received as a joint owner — to William’s estate.

Source: Court of Appeals Affirms That Will Was Product of Undue Influence | Publications | Insights | Faegre Drinker Biddle & Reath LLP

Not So Green Acres

February 17, 2020 / drussellcfp

In this episode of The Case Files, I profile a 2010 Texas case involving a daughter’s misappropriation of her deceased father’s trust funds as well as her aging mother’s personal assets. The characters from the 1960s sitcom Green Acres provide a little humor to an otherwise serious situation. Enjoy and learn!

https://youtu.be/cVZsNE85HbE

Addressing the 800lb gorilla: Most financial scammers of the elderly are family.

October 24, 2019 / drussellcfp

A recent Barron’s article discusses ways in which adult children can protect their parents from financial fraud. Elder Financial Abuse is estimated to defraud older Americans of somewhere between the disparate estimates of $3Billion to $35Billion a year. The large disparity is due to the number of data sources, and estimations of unreported abuse, but suffice it to say, it is a problem.

While the elaborate means scammers take to defraud our aging parents of their resources are popular to write about, focusing on these threats ignores where 85-90% of defrauding takes place – within the immediate family of the victim. According to a report by the National Committee on Aging,

Over 90% of all reported elder abuse is committed by an older person’s own family members, most often their adult children, followed by grandchildren, nieces and nephews, and others.
Source: National Committee on Aging

My friend and colleague, Cynthia Healy, has years of experience investigating elder financial abuse, and she produced this short segment on family theft. Other resources can be found on her website gogrey.com.

The best way to address this 800 lb gorilla is to teach the virtue of honor in our family systems, and specifically how honor shapes the attitudes or actions that we take towards our elderly parents and/or their resources. Much of the familial elder financial abuse is subtle and occurs out of a sense of entitlement, the perpetrator justifying his actions under the guise of “mom won’t miss this.”

Still for those adult children who do honor their parents and their parents’ possessions, these articles offer practical and relational advice.

To help aging parents protect themselves, their grown children must tactfully broach the subject of their vulnerability. The key is to adopt an attitude of empathy and non-judgment, says Amy Nofziger, director of fraud victim support at AARP, an advocacy organization for older Americans. “Always start the conversation with empathy and compassion, and don’t be paternalistic,” she advises.
Source: Advisors Offer Precautions on Keeping Financial Scammers Away. – Barron’s

The Case Files – Episode 1: “Fool me once, shame on you…”

August 19, 2019 / drussellcfp

Wealth and Honor is a website dedicated to helping families navigate the financial challenges of age transitions. The site now has a YouTube Channel to host “edutainment” videos featuring non-legal commentary on actual court cases involving will disputes, elder financial abuse, estate litigation, fiduciary liability, and other issues of aging, death, and wealth.

Court transcripts are condensed into a factual summary with popular sitcom characters providing faces to the actual characters of the case, followed by a non-legal commentary of lessons to learn and missteps to avoid.

https://youtu.be/6gBLpiWQX9c

The Case Files Trailer

The first episode covers the case of Lintz vs Lintz, a 2014 case decided in the California Appeals Court, that includes claims of breach of fiduciary duty, elder financial abuse, undue influence, among other claims. Viewers are encouraged to first watch a presentation of commonly used terms before watching the case episodes.

For a full text of the court transcript, click here.