Definitions of “Elder” and “At-Risk Adult.”
There is no generally accepted age at which a person becomes an “elder.” Membership in AARP is open to persons 50 years of age and older. The Centers for Disease Control and Prevention (“CDC”) defines elders as persons 60 years of age or older, as do numerous state statutes. The Office for Older Americans of the Consumer Financial Protection Bureau is “dedicated to the financial health of Americans age 62 or older.” Numerous state statutes define elders as persons 65 years of age or older. The 2010 U.S. Census recorded the greatest number and proportion of people aged 65 and older in all of decennial census history: 40.3 million people, 13% of the total population. It is projected that by 2050, people age 65 and older will comprise 20% of the total U.S. population.
In addition to our elders (however defined), approximately 56.7 million of the 303.9 million people in the U.S. civilian non-institutionalized population, representing 18.7% of this group, reported a disability as part of the 2010 Census. Some type of disability was reported by 35% of men and 38% of women age 65 or older in 2011. These “at-risk” adults with disabilities are also often more susceptible to financial exploitation as a consequence of their disabling conditions. Nationally, 30% of adults with disabilities who utilized personal assistance services for support with activities of daily living report one or more types of elder abuse (i.e. physical, verbal or financial) by their primary care provider. For ease of reference in the balance of this blog series, the victims of financial abuse and exploitation discussed shall be generally referred to as “elders,” but other at-risk adults with disabilities of all ages shall be considered part of this vulnerable population for purposes of the discussion. Since women are nearly twice as likely as men to be the victims of elder financial abuse (as discussed in Part 1 of this series), the gender of these elders shall be assumed to be female.
Definition of “Elder Financial Abuse.”
Regrettably, there is no generally accepted definition of elder financial abuse or exploitation. The National Center on Elder Abuse (“NCEA”) defines elder financial abuse or exploitation as the “illegal taking, misuse, or concealment of funds, property, or assets of a vulnerable elder.” Additional definitions of these terms on the NCEA site include “theft, fraud, misuse, or neglect of authority or use of undue influence as a lever to gain control over an elder person’s money or property.”
The Federal Older Americans Act defines exploitation as the “fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an older individual for monetary or personal benefit, profit, or gain, or that results in depriving an older individual of rightful access to, or use of, benefits, resources, belongings or assets.” The CDC defines financial abuse or exploitation as “the unauthorized or improper use or the resources of an elder for monetary or personal benefit, profit, or gain. Examples include forgery; misuse or theft of money or possessions; use of coercion or deception to surrender finances or property; or improper use of guardianship or power of attorney.” State statutory definitions of elder financial abuse or exploitation vary widely. However it is defined, it is estimated that financial abuse accounts for 30% to 50% of all forms of elder abuse, and is regarded as the third most commonly substantiated type of elder abuse (after neglect and emotional/psychological abuse).
Part 3 of this blog series will address commonly cited reasons for elder financial abuse and the profile of common perpetrators of elder financial abuse.
Kristen M. Lewis, Esq., Member of the Special Needs Alliance and Fellow of the American College of Trust and Estate Counsel.
Add a Comment