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Dayton Elder Law Blog

Comfort Care Contracts: Medicaid Planning or Elder Fraud?

Lessons on avoiding elder fraud should start when young.  Children can get greedy when it comes to sharing with their siblings.  And that does not stop when they become adults. 

When “Medicaid Planning” for their elderly parents is thrown into the mix, the results can be disastrous.

Many if not most Medicaid Planning attorneys are not experienced litigators and often do not closely monitor what happens after the “plan” is put into place.  That can open the door to fraud and financial abuse.

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Proving Fraud When Elderly Victim Has Been Isolated

Proving Fraud When Elderly Victim Has Been Isolated:
Circumstantial Evidence

In many cases of elder fraud, there is no direct evidence, or “proof”, of the fraud. The elderly victim often is first cleverly isolated by the perpetrator, who sometime is a family member. Months or years later, the rest of the family discovers that during the period of isolation the perpetrator caused the elderly, physically and/or mentally impaired victim to sign documents which transferred assets to the perpetrator. The perpetrator often seeks to hide behind the fact that no one was present at the time the documents were signed and thus cannot provide direct evidence of what happened.

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10 Tips to Avoid Becoming a Victim of Elder Fraud

Elder fraud and financial abuse is on the rise! Here are ten tips to help avoid becoming a victim.

1. Avoid sending money or providing personal financial information. Be cautious who you disclose your bank account, credit card, and social security numbers to. Suspicious, but realistic looking checks made out for a considerable amount of money should be an elder fraud red flag. If you weren’t expecting a check, it could be a fake. Ask someone you trust for help. Checks such as these are usually accompanied with directions instructing the recipient to call a phone number. The message tells the caller to send taxes on the money he or she just received through a wire transfer service. The scam, of course, is that once the recipient sends the money, the check bounces.

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