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«The New York State Cost of Financial Exploitation Study June 15, 2016 Page 1 of 94 The New York State Cost of Financial Exploitation Study Yufan ...»

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This study aims to examine PSA financial exploitation cases primarily during the time frame of January 2013 to September 2013; however, the district may also add cases open at any stage in the last quarter of 2012. Each district is being asked to complete all questions. Below every question in the survey instrument is an italicized guide to assist you in answering the questions.

Please feel to contact Lisl Maloney (at Lisl.Maloney@ocfs.ny.gov) or Mike Cahill (at Michael.Cahill@ocfs.ny.gov ), if you have further questions about the survey instrument.

Surveys will be submitted via SharePoint (please see the instruction document for details). The SharePoint site link will be sent to each LDSS’ contact person directly. For districts without access to the SharePoint site, it is recommended that districts staff generate a password-protected zip file that includes completed survey document(s) and submit the zip file through email on a weekly base. Please direct all submitted files to Yufan Huang (Yufan.Huang@ocfs.ny.gov) and Tana James (Tana.James@ocfs.ny.gov). For technical support of the SharePoint site or questions about entering information into the Financial Exploitation Survey, please contact Tim Griswold (Timothy.Griswold@its.ny.gov) or Yufan Huang (Yufan.Huang@ocfs.ny.gov).

Please do not submit a survey for a financial exploitation case until there is information to

report or to at least one or more of the following:

 Valuation of items stolen from the client (#14);

 The type/cost of assistance that was necessary due to the financial exploitation (#15); or  The cost agencies incurred due to financial exploitation (#16).

If a vehicle has been stolen, please provide year, make and model.

If real property has been stolen, and you do not have a valuation of the property, please provide address. We will seek to determine valuation to the extent possible based on average amount for homes in the area.

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Client Profile Please indicate the information that best describe the client.

* 1. Gender:

This item refers to the sex of the client.

Please select gender

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Client Health The following questions describe characteristics of the person who was or is being exploited. Please describe to the

best of your ability the following:

3. Overall health at the present time:

This item refers to the caseworker’s perception of the client’s health. The definition in the parenthesis is meant to be used as a guide to help assess the condition of the client’s health. Please use the comment section if you would like to explain the client’s health in more details.

Please select If select “other”, please specify:

*4. Physical Impairments/Disabilities/Incapacities This item refers to any physical impairments, disabilities or incapacities that the client may exhibit.

Please select If “Yes”, please specify:

5. Does the client exhibit any signs of dementia?

This item does not refer to general forgetfulness that may come with the aging process. Dementia is a loss of brain function that occurs with certain diseases that affects memory, thinking, language, judgment, and behavior. This item refers to chronic forgetfulness associated with age and brain loss.

–  –  –

*6. Mental Impairment/Illness/Mentally Challenged/Developmental Delay This item refers to any mental health needs, impairments, illness disabilities or incapacities that the client may exhibit.

Please select If “Yes”, please specify:

* 7. Requires Assistance with Daily Activities (Please check all that apply):

This item refers to all activities that the client may need help with on a routine basis.

–  –  –

* 8. Drug or other Substance Abuse:

This item includes problems with alcohol, illegal drugs and/or prescription drugs.

Please select If “Yes”, please specify:

* 9. Health/Safety Risk factors (Please check all that apply):

This item refers to any health and safety factors that are present in the client’s life. Please note that risk not determined may be checked at intake but revised at assessment.

–  –  –

Case Characteristics * 10.

Referred to PSA by (check all that apply):

This item refers to the person or agency that referred the client to Protective Services for Adults. Family members may include son/daughter in law, parent, sibling, grandchild, cousin, uncle, aunt, etc.)

–  –  –

Harm/Exploitation *13. Please describe how the client was financially exploited.

This item refers to the methods or techniques the perpetrator used to gain access to the clients assets. It also refers to the client’s state of mind.

Valuation of Costs Resulting From Financial Exploitation

14. Please indicate all the items that were stolen from the client, how much was stolen, and by whom. Please refer to Appendix A for the definition of types of exploitation.

(Please answer question #14 on Pages 5 to 8)

–  –  –

*18. Does the perpetrator exhibit any of the following (check all that apply):

This item refers to characteristics that the perpetrator may display. Please check all that apply. Please report documented history of physical, sexual and emotional abuse….

Alcohol Abuse Drug Abuse Gambling Addiction Mental Illness Developmental Disability (i.e. Cognitive delay) Physical Incapacity History as Victim of Physical/Sexual/Emotional Abuse

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19. Does the client fully understand that he/she was financially exploited?

This item refers to the mental state of the client.

Please select

–  –  –

21. Was the case referred to law enforcement officials This item refers to the police department, district attorney, or any other law enforcement.

Please select

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23. Did the client incur legal fees associated with their financial exploitation?

This item refers to legal fees associated with the clients hiring of a personal attorney. It does not include legal fees associated with PSA attorneys.

Please select If yes, please specify cost: $

24. Please briefly describe the status of the case.

This item refers to the current status of the case at the time of submittal.

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Financial Exploitation means improper use of an adult’s funds, property, or resources by another individual including but not limited to, fraud, false pretenses, embezzlement, conspiracy, forgery, falsifying records, coerced property transfers or denial of access to assets.

New York State Social Services Law section 473, subdivision b, paragraph (g).

Definitions of Types of Financial Exploitation

1. Coercion – using force or intimidation to compel someone to engage in or refrain from certain conduct.

2. Coerced Property Transfers (Extortion) – compelling a person by intimidation or force to turn over their property.

3. Conspiracy – the intent to commit a crime and an agreement with another person to perform that crime.

4. Denial of Access to Assets – the improper withholding of access to an adult’s funds, property or resources by another individual.

5. Embezzlement - to fraudulently appropriate money or property entrusted to one’s care.

6. Extortion – compelling a person by intimidation to turn over property.

7. Falsifying Records - creating records with false or incorrect entries.

8. False Pretenses - knowingly making false representations of fact, with the intent that another person will rely on those false representations.

9. Forgery - falsely making or altering a writing by which the legal rights or obligations of another person are apparently affected.

10. Fraud – obtaining money or property under false pretenses.

11. Identity Fraud – fraud that involves stealing money or getting other benefits by pretending to be someone else.

12. Larceny – wrongfully depriving someone of their property by keeping it yourself, withholding it from its owner or giving it to someone else. Obtaining money or property by embezzlement, extortion, false pretenses, are all crimes of larceny.

13. Misappropriation of Funds – the use of funds or property for unauthorized purposes.

14. Power of Attorney Abuse- abuse by agent or purported agent under a document wherein a person (the principal) gives legal authority to act on his/her behalf to another person (the agent) in certain specified matters.

15. Scam – a mechanism used to trick someone into turning over money or property.

Page 76 of 94Definition of Types of Benefits

Public Assistance/Temporary Assistance – is temporary help for needy adults or children who are unable to work, who cannot find a job, or the job does not pay enough. This includes Family Assistance/Temporary Assistance for Needy Families and Safety Net Assistance. This category also includes emergency payments of shelter arrears, utility arrears, payments of fuel and/or cost of fuel delivery and payment for temporary housing, under Emergency Assistance to Adults (EAA), Emergency Assistance to Needy Families (EAF), Emergency Safety Net Assistance (ESNA).

Food Stamps/Supplemental Nutrition Assistance Program (SNAP) – issues monthly benefits that can be used to purchase food at authorized retail food stores. SNAP benefits help low income people, seniors, the disabled and others feed themselves and their families.

Home-Delivered Meals/Meals on Wheels – are available to eligible homebound persons age 60 or older (and spouses and disabled dependents of any age who live with a disabled person), through the local office for the aging.

Home Energy Assistance Program (HEAP) – assists eligible low income households in meeting their home energy needs, providing heating benefits, emergency benefits for a heat or heat related emergency, as well as a heating equipment repair and/or replacement benefit for homeowners with inoperable heating equipment.

Medicaid – provides medical assistance for people 65 or older, blind or disabled who are eligible for Supplemental Security Income (SSI) or those who have too little income and resources to meet their medical needs. Medicaid also pays for long term care services for people after they “spend down” their assets to qualify for benefits.

Medicare – provides health insurance for persons age 65 and older, certain disabled persons and those in final stages of renal (kidney) disease.

Medicare has four programs:

Medicare Part A (Hospital Insurance) – helps cover inpatient care in hospitals, as well as skilled nursing facility, hospice, and home health care.

Medicare Part B (Medical Insurance) – helps cover doctor and other health care provider services, outpatient care, durable medical equipment, home health care, and some preventive services.

Medicare Part C (Medicare Advantage) – covers Part A and Part B benefits to people with Medicare who enroll in these plans, which include Medicare Advantage Plans, Medicare Cost Plans, Demonstration/Pilot Programs and Programs of All-inclusive Care for the Elderly (PACE).

Medicare Part D (Prescription Drug Programs) – is a federal program to subsidize the costs of prescription drugs for Medicare beneficiaries.

–  –  –

Please specify the source of funding. If funded under Public Assistance or Medicaid, please include under those headings. If funded under Title XX (PSA or non-PSA), this would be included in the “Other Benefits” heading.

Rent Subsidy – Funding of housing not covered under any other categories (e.g., Section 8).

Please specify the source of funding.

Other Benefits – could include, but is not limited to, assistance related to transportation, utilities, telephones, etc. that is not covered in the headings above. Please specify the source of funding.

–  –  –

Financial Exploitation Verified, but Victim Refuses to Press Charges In several cases, victims were unwilling to press charges, for a variety of reasons. Here are some examples.

 Even though the perpetrator admitted taking the client’s funds, the client refused to prosecute, preferring to keep the matter quiet, due to embarrassment. (#57)  Client was conflicted about pressing charges against her daughter, who has bipolar disorder. (107)  Client refused to press charges against her son, as it is her son who takes care of her.

 Client fears “friend” won’t assist him in living independently, if criminal charges are pressed (338)  Client wants to continue to live with her perpetrator daughter, so she will not participate in prosecuting her daughter, who has substance abuse and financial problems. (367)  Client refuses to press charges against her grandson. She continues to give him money and continues to believe her grandson’s far-fetched stories, even when professionals tell her they are not true. She is adamant she will not do anything to facilitate her grandson going to jail. (584)  Victim wants to evict stepson or call police but his wife (mother of perp) resists.

(588) Guardian Appointed or In Process In many cases, APS filed for guardian, served as guardian, or located responsible family members or others to so serve, as guardian of the property, guardian of the person, or both. Some examples follow.

 Temporary guardianship was granted to APS; daughter was subsequently named permanent guardian; (107)  A lawyer was named guardian of the client’s property and a relative was appointed guardian for client’s personal needs; (416)  APS applied for guardianship to protect client’s finances (432)  APS case remains open, with APS payee for client benefits while APS petition for guardianship is pending; (232)

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Some examples:

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