New laws needed to help protect seniors from scams: CARP

Laws to protect seniors from financial abuse are decades behind advances in similar legislation that's created new protections for women from domestic violence and children from physical abuse, says Bill Vangorder, a CARP national director.

“At the moment, people who perpetrate fraud (against seniors) realize that they can’t be caught and, if they are, then nothing will be done to them,” said Vangorder in an interview. “They have to be held accountable.”

CARP, a national seniors organization, has been lobbying Ottawa for years to pass legislation to force those who work with the elderly to report suspected cases of abuse. A survey of CARP’S roughly 350,000 members shows almost a third of them want professionals dealing with the elderly to be better trained in family dynamics and enjoy whistleblower protection for reporting suspected cases of abuse.

Const. Tom Wood, crime prevention officer for the Amherst Police Department, says financial abuse of seniors is very difficult to investigate and prosecute in part because victimized seniors often do not want to lay charges.

The reasons for that reluctance? Embarrassment at being conned – and loyalty to family members who, in many cases, are the very people committing that financial abuse.

That used to be a problem for police forces in many domestic violence cases. Decades ago, abused spouses could simply decide to not lay charges for that domestic violence. Then, the law was changed.

Now, police officers can make arrests and charges can be laid in domestic violence cases even when the victim refuses to co-operate, said Wood.

There is a lack of similar legislation allowing police to lay charges in cases of senior financial abuse without the co-operation of the victim, he said.

“A grandparent will do anything for their grandchild so they will often not want to proceed with the investigation (when it is the grandchild who has committed the financial abuse),” said Wood.

The Amherst Police Department regularly offers Senior's Police Academy sessions to people aged 55 and up to discuss such topics as power of attorney, wills and fraud. The RCMP also holds similar information sessions.

“Education is the key to find out what’s out there and for family members to be able to spot the abuse,” said Wood.

Relatives who financially abuse seniors often do so with no signs of remorse when they get caught, he said.

“They almost feel like grandma is a free ATM machine – even though grandma, who wants to keep that relationship open and not complain, may be struggling to buy food,” said Wood. “A lot of the senior population is not living like kings.”

A publication issued by Canada’s federal, provincial and territorial ministers responsible for seniors urged victims years ago to come forward.

Tips included: keeping financial and personal information in a safe place; being very cautious about opening joint bank accounts as the other person can also take out all the money without asking; keeping a record of money given away with a note as to whether or not it was a loan or a gift; getting independent legal advice before signing documents involving property; asking a trusted counselor to look over contracts and other papers before these are signed; and having an enduring or continuing power of attorney.