By Scott Spallina, Senior Deputy Prosecuting Attorney
In the last two issues of the magazine, I shared the lessons about elder abuse that I learned from the experiences of my mother-in-law, “Mary.”
As I have mentioned before, tragedies are the fuel for many a con and when my father-in-law had his stroke, my family nearly learned this lesson the hard way. Feeling overwhelmed by the magnitude of caring for another person 24/7 and the astounding costs of hiring care, Mary did what many people in her situation do — she tried to find ways to ease the burden and reduce care costs. For Mary, this meant hiring a caregiver from Craigslist. It is from this website — where anyone can post anything without any type of verification or assurances that the services or products advertised are legitimate — that Mary found a person claiming to be a caregiver. However, it was discovered that this person was a scam artist who would come into a home, slip and fall and sue the homeowner. Fortunately, this was discovered before any con was enacted.
At another time, my wife and I drove home to find Mary in her car patiently waiting to speak with her daughter. After a lengthy discussion, my wife came inside and revealed what was so important to Mary.
My mother-in-law was just informed that one could invest in the Iraqi currency (dinar) and make millions of dollars when their country became a world power. A “close friend” of hers gave her this information, but only if she promised to keep it a secret. Fortunately, she told my wife, who, in turn, told me. In less than 10 minutes, I found countless warnings on the internet from the FBI about the “dinar investing scam.” This was a typical scam — one that promised great wealth only if you kept it secret from those who could tell you the truth.
In recent years, Mary got involved in a scheme to get free homes from banks that were “acting unconstitutionally.” Once again, this scam began with a charismatic speaker holding information seminars about “our freedoms.” The speaker told attendees that banks don’t really own your house — therefore, you don’t have to pay your mortgage… Long story short, for two years, based on this erroneous information that cost thousands of dollars, my mother-in-law didn’t pay her mortgage. As a result, the bank started foreclosure proceedings against her. Mary was very close to losing her home.
Many victims of elder abuse are just like my mother-in-law — smart, loving and filled with a desire to care for their loved ones. They are not victims because of their greed; they are victims because they believed the promises that assured them that their loved ones would benefit and be taken care as a result of the bounty they acquired through special “opportunities.”
As is evidenced by my mother-in-law’s many experiences, if an opportunity sounds too good to be true, it is. Always seek advice from professionals and trusted loved ones about get-rich-quick money and property schemes. And never make an emotional decision that involves money.
To report suspected elder abuse, contact the Elder Abuse Unit at 808-768-7536 | ElderAbuse@honolulu.gov
I’ve noticed that many people approach estate planning from the outside in, rather from the insideout. For example, many people want to “avoid probate” or “minimize tax” as a primary goal — good goals, for sure. If we stop there, we miss the opportunity to explore the deeper meaning underlying these goals, such as ensuring that we provide our loved ones as much as we can with assets to supplement their lives, and provide each of them the opportunity to grow, and develop and enjoy the most meaningful life possible.
A trustee is what the law calls a fiduciary. A fiduciary is a person who is responsible for taking care of something that belongs to someone else. Under the law, fiduciaries owe legally enforceable duties to the beneficiaries — the people or charities on whose behalf they handle assets.