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Million Dollar Theft from Husband’s Estate: Probation for Widow, 16 Years in Prison for Boyfriend

Despite her involvement with the disbarred attorney who stole nearly $1 million from her late husband’s estate, the widow’s sentence did not include jail time.

Charlinette Detmers was ordered to pay $30,000 in restitution and sentenced to four years on probation by a North Carolina court, after pleading guilty to felony embezzlement.

Wealth Advisor’s recent article, “Lover stole nearly $1M from her late husband’s estate on Lake Norman,” explains that court records identify the victim of her embezzlement as her son, Tols Detmers, who was 19 years old when he sued his mom and her lover, a disbarred attorney.

Ms. Detmers is also required to work with her parole officer to find “suitable life skills and educational programs” and not travel out of state, without her parole officer’s permission, according to court documents.

Tols Detmers accused the two of spending hundreds of thousands of dollars that his late father left for him. Fritz Detmers, Tols’ father, lived in Denver, N.C. and died at age 78 in 2009.

The disbarred attorney is serving a 16-year sentence at state correctional institution for embezzling from the estate, prison records show. The prison is in Polkton, about 45 miles southeast of Charlotte.

A Lincoln County grand jury indicted him on 11 counts of embezzlement. In June 2017, he pleaded guilty in Lincoln County Criminal Superior Court to five felony counts of embezzling $100,000 or more.

According to an affidavit, the disbarred attorney admitted using the money for personal benefit. In addition, court filings in a related civil case show that he spent about $9,200 on an engagement ring for a former secretary at the law firm whom he married. He also gave $15,520 to his wife’s now-defunct boutique shop in Denver.

Thousands of dollars were found to have been used for family trips at luxurious resorts and his personal bills.

Reference: Wealth Advisor (February 26, 2018) “Lover stole nearly $1M from her late husband’s estate on Lake Norman”

Elder Fraud Gets a National Platform from Attorney General Sessions

The largest elder care enforcement action in the country’s history has been unveiled, with more than 200 charged with defrauding seniors.

Financial elder abuse has taken center stage, with the Attorney General and other authorities stepping up to taking a more aggressive stance, as reported in cbslocal.com’s recent article, “Law Enforcement Has A Major Warning For The Nation’s Elderly.”

One Texas woman who was scammed by predators targeting the elderly lost everything. Her granddaughter believes the fraud drove her grandmother to suicide.

“She felt humiliated and she had lost everything. She died with 69 dollars in her bank account,” said the fraud victim’s daughter, Angela Stancick.

Attorney General Jeff Sessions recently announced a major federal crackdown.

“The rise of new technologies has made it easier for criminals to coordinate their efforts and perpetrate their crimes,” said Sessions.

More than 200 defendants have been charged in fraudulent sweepstakes, contests, and technology schemes. They’re accused of defrauding seniors out of their life savings.

“You can be a target, but you don’t have to be a victim,” said Postal Chief Inspector Guy Cottrell.

Officials stress that consumer education is the best defense from these scams. They advise seniors never to pay to receive sweepstakes winnings.

Families should watch for suspicious mail.

Families are encouraged to speak with the FBI, the Federal Trade Commission (FTC), or their state attorney general, if they have any questions or concerns.

A Senate committee on aging reports that its fraud hotline took double the number of reports in 2016 as in 2015. Hopefully, the federal crackdown, steps taken by states and a growing awareness of elder financial abuse will at least slow down, what has become an epidemic of crime against seniors.

Reference: cbslocal.com (February 22, 2018) “Law Enforcement Has A Major Warning For The Nation’s Elderly”

Long Term Care Settings the Focus of New Law in Oregon

The State Department of Human Services says that the new law will provide a comprehensive approach to improving both safety and quality of care in long-term care settings.

With the passage of House Bill 3359, Oregon legislators are putting changes in place to improve the quality of life for individuals living in licensed long-term care settings, addressing issues including oversight and penalties.

According to KTVZ.com in Bend, OR, in “New Oregon law aims to improve long-term care,” special emphasis in the new law was given to the improvement of training for those who care for people with Alzheimer's disease and other types of dementia.

With more than 1,000 Oregonians experiencing abuse in licensed long-term care settings every year, the bill was designed to address a variety of areas.

Oregon HB 3359 requires that administrators of residential care facilities, including assisted living and memory care, must be licensed by an independent board by July 2019. There will be regulations promulgated on the process for this new requirement. The bill also updates amounts and caps for civil monetary penalties for elder or adult abuse and harm within licensed long-term care settings. These caps were set in the 1970s. The legislation increases fines for incidents categorized as serious harm from a maximum of $500 up to $2,500. It also adds new penalties for facilities, specifically a penalty for "failure to report suspected abuse" and "failure to perform corrective action noted during a survey or inspection."

Oregon HB 3359 also updates licensing fee amounts for residential care/assisted living facilities and nursing facilities and authorizes the department to impose an immediate suspension in residential care facilities, when there are critical health, safety, or welfare issues. Previously, there was a 10-day wait for a hearing.

The new law also requires the Oregon Department of Human Services to develop an enhanced oversight and supervision program for residential care facility oversight and requests the development of a technology-based, acuity-based staffing tool for use by providers and Oregon DHS. This tool would let providers determine staffing patterns based on current residents' needs.

The bill establishes a variety of training and certification requirements for care staff in long-term care facilities and adds new safety requirements, licensing options and establishes new quality measurements.

Finally, the bill creates a Quality Measurement Council. This group will have representatives from the Office of the Long-Term Care Ombudsman, Alzheimer's advocacy, elder rights advocate, academics with data/metrics expertise, members of the Oregon Patient Safety Commission, provider associations, and Oregon DHS.

Once the bill is signed by the Governor, the bill will go into effect.

A news release from the Department of Human Services notes that the main focus is to promote the safety of the aging and disabled residents of Oregon.

Reference: KTVZ.com (Bend OR) (July 17, 2017) “New Oregon law aims to improve long-term care”

Help Loved Ones Avoid the Sneaky Sweepstakes Scammers

The request for personal data seems like a simple thing when the chance to win millions is presented.  However, the more information seniors give to sweepstakes scammers, the more vulnerable they become.

Ninety-one year old “Jenny,” came very close to joining the ranks of elderly Americans who are scammed by thieves luring victims with the promise of millions of dollars, as reported in a recent Forbes article, “Sweepstakes Entries And Your Aging Parent: Know The Danger.” While her real name isn’t “Jenny,” her story is real and this scam takes place every day. She loved sweepstakes, was convinced that eventually she would win and believed that her chances of winning increased with every additional form she filled out.

Jenny had signs of diminished capacity for a few years, with short term memory loss and confusion. Other than that, she still lived independently in a senior community in her own apartment.

Many seniors fear running out of money because people can outlive their assets and may require expensive long-term care. It is no wonder that so many seniors enter sweepstakes contests to win a jackpot.  However, these lists of contestants have been sold to marketers who target the elderly to sell them things they don’t need. There are no one guarantees of privacy for a person's information, once they enter a sweepstakes.

Jenny received a phone call from the sweepstakes informing her that she’d won a million dollars. She only needed to pay the "transfer fee" of $5,000 and the money was hers. When her daughter discovered this, she was mad. She told her mother that this was a scam, but Jenny was convinced that the man on the phone couldn't be lying.

In Jenny’s case, she still had total access to all her funds. Her children contacted her estate planning attorney, and he drafted a Power of Attorney for her son to thwart transactions temporarily, until they could be reviewed. Jenny was lucky that her family was aware of this issue. Many elders are not so fortunate and part with their cash, only to later discover that their "winnings" are a phony check.

Consider these ideas to keep your elderly loved ones safer:

• Sole trustee. A senior who’s the sole trustee on any family trust should be monitored for signs of memory loss and confusion. Dementia robs a person of judgment. If the trust provides for it, ask your impaired senior to resign from being a trustee and allow a more competent person to assume the duties.
• Successor trustee. If your parent believes she's fine when everyone knows she's not, look at her trust’s language about a successor trustee. You should get legal advice about how to address this situation from an experienced estate planning attorney.
• Check the mail. Sweepstakes entry private information is sold and used for illicit activity. Review your aging parent's mail and spot any entry forms and letters. Your loved one could be putting herself at risk by giving personal information to companies that don’t promise to keep it private.

Sweepstakes scammers are yet another reason why adult children can protect their elderly parents by being involved in their day-to-day lives and having an on-going dialogue about finances and “special offers” that arrive by mail and telephone. It’s not always easy, but it is in your family’s best interest.

Reference: Forbes (July 13, 2017) “Sweepstakes Entries And Your Aging Parent: Know The Danger”

What to do When Family Members are the Abusers

Financial elder abuse is more likely to come from family members or caregivers than a scammer who promises to deliver millions. The latter is more dramatic, but the family or caregivers are just as harmful.

An all-too-common situation of one adult child trying to protect his elderly father from siblings and their spouses is described in a recent article, “To help elderly dad hold off mooching adult kids, call in the experts,” appearing in the Los Angeles Times.

The son is trying to get his father to move out of his house to a senior care facility.  The father has  adequate financial assets to cover these costs. However, the son’s two sisters' husbands overspend and are in debt. They pressure his sisters to ask their dad for money for their mortgages,  children, and credit card debt.

The sisters, in their 50s, are unwilling financially or otherwise to assist with their dad’s care. The son told them that the financial assistance can’t continue, because their dad will need his money to pay for his own care.

The family pressure on the dad is really elder financial abuse. It involves milking an elderly, sympathetic parent to the point of evaporating his own accounts. In this case, both sisters have children, so the dad feels for them and helps them out. The son, who is his primary care giver, is single with no children and is treated differently, struggling to make ends meet. This type of inequity and stress can split families apart. These family members may not see what they’re doing as abuse.

An Allianz Life Insurance Company survey found that the average victim lost $30,000 and one in 10 lost more than $100,000. Some family members believe they’re entitled to the money as an advance on a future inheritance. They also know that Dad won’t say no.  Therefore, they keep pushing him for money, until it’s gone.

In this type of situation, the son and dad should visit with an elder law attorney to discuss ways the dad can be protected against predators. One option is for the dad to give his checkbook to the son.   However, the son would then have to confront the brothers-in-law. The dad may also not be willing to give up control.

There are other options. One option is to hire a geriatric care professional who would be able to oversee the father’s health, as well as his financial and living situation. She or he would create a plan to help the father undertake the sale of his home in order to move into an appropriate residence. A daily money manager could be hired to be in charge of personal finance and bookkeeping services.

Most estate planning attorneys are familiar with this scenario and have access to a wide network of professional geriatric resources to help the adult son navigate these tricky waters.

Reference: Los Angeles Times (July 2, 2017) “To help elderly dad hold off mooching adult kids, call in the experts”

Elder Abuse Law in Arizona Clarified by Supreme Court Ruling

The standard governing nursing home abuse suits is too restrictive, and runs contrary to the aims of state law, according to a recent decision from the Arizona Supreme Court.

With a decision that dismantles a four-part test established in 2002, the Arizona Supreme Court has reversed and remanded a Pima County court’s granting of summary judgment to a nursing home and a doctor who were sued on behalf of a patient, who died while a resident of the nursing home. The lawsuit alleged abuse and neglect of Sandra Shaw under Arizona’s Adult Protective Services Act, and was reported by Law360 in “Arizona Supreme Court Clarifies State’s Elder Abuse Law.” The action was brought against Manor Care of Tucson and Dr. Gordon J. Cuzner, by Marika Delgado on behalf of Sandra Shaw.

Ms. Shaw went to Manor Care’s Tucson facility, after treatment at several hospitals in 2011 and 2012. At the time, she’d already suffered from kidney and heart disease and had a prior operation to remove a brain tumor. After some improvement, her condition worsened in April 2012.

Dr. Cuzner ordered a lab test and urinalysis which showed evidence of an “early” septic infection. However, no additional care was given. After two days of not eating or taking fluids, Shaw’s condition was reported to the assistant director of nursing. But again, no action was taken, and she died the same day.

The lawsuit alleged abuse and neglect under the APSA and other claims. The trial court granted a motion from the facility and doctor for summary judgment, holding that the claims failed a four-part test derived from the 2002 Arizona Supreme Court case, Estate of McGill ex rel. McGill v. Albrecht. That test says that a proper claim under the Act must arise from a caregiver-recipient relationship, be closely connected to the relationship, be connected to service given “because of the recipient's incapacity” and be related to the problems causing the incapacity.

The trial court ruled that the death from sepsis was “not related [to the condition(s)] that [] caused [her] incapacity.”  However, the Supreme Court held that the McGill test was difficult to apply in cases like Shaw’s, where patients had multiple medical conditions throughout their nursing home stay. In such cases, the Supreme Court found that “courts navigating their way through the McGill test have made fine distinctions which, at times, seem to be at odds with the broad protective provisions of APSA.”

The Court referred to the law itself, finding that it provides four elements: the individual is a vulnerable adult who has suffered an injury caused by abuse from a caregiver.

“The fact that APSA identifies the requirements for an abuse claim, combined with the difficulties accompanying the four-part McGill test, prompts us to reconsider the McGill test. In particular, the third and fourth prongs of the McGill test are not found in the statute, and, when applied, have produced a great deal of confusion,” the Court said.

As a result, the Supreme Court said the McGill test should be abandoned in favor of using the four elements of the APSA. With that analysis, the Court ruled that Delgado’s suit on behalf of Shaw was valid and reversed the trial court’s order.

The attorney representing the nursing home made a statement that the Arizona Vulnerable Adult Abuse statute has been at the center of much litigation and the state legislature should direct its attention to fixing the statute.

Reference: Law360 (June 20, 2017) “Arizona Supreme Court Clarifies State’s Elder Abuse Law”

The Moment You Become a Parent, You Need an Estate Plan

Young parents who are busy with babies and small children aren’t what come to mind when you think of estate planning, but without an estate plan, their most precious children are unprotected.

Nothing changes a person’s perspective more than welcoming a new baby. Young adults suddenly understand what it means to be responsible for another life. But what they often don’t think about, is how to protect their family if they should become incapacitated or if tragedy strikes and both parents are incapacitated or die unexpectedly.

The Brooklyn Reporter recently published an article, “Top 3 estate planning tips for New Yorkers,” that  discusses many issues that face families when there is no will, if no estate planning has been done, and if no one knows how to access assets or has password information for financial accounts.

Estate planning can protect your family in the worst-case scenario, so you don’t leave your finances and your family’s well-being in doubt.

Consider these three essential tips to follow when it comes to estate planning:

1. Draft a Will. Pronto! Your last will and testament will allow you to control exactly what should be done with your assets, who should be the legal guardian of your minor children and who will be designated as the administrator of your estate to ensure that your final wishes are followed. Visit a trusts and estates attorney, not a general practitioner lawyer (one who works in several different areas of law). An experienced estate planning lawyer will understand the nuances involved with probate law. Failing to understand these issues, could mean unexpected consequences for your family after you’re gone. Talk to a lawyer whose practice area is focused on drafting wills and estate planning.
2. Sign a Living Will and Power of Attorney. A living will (also called an advance directive) will let your healthcare providers and loved ones know of your wishes, when it comes to such critical matters as resuscitation, life-prolonging measures, and palliative care if you’re unable to communicate those wishes for yourself. A living will lets you make this choice, rather than burdening your family at a stressful time. A power of attorney allows you to designate someone with the responsibility of overseeing your day to day issues.
3. Schedule a Meeting with A Qualified Estate Planning Attorney. You can learn a lot from doing research online, but meeting with an attorney will give you an opportunity to ask questions, learn about the laws of your state and craft an estate plan that is best suited for your family. You may think you are saving time and money, but the truth is, your family and loved ones will be the ones to find out whether or not your online will is valid. An in-office meeting with an estate planning attorney will spare them a great deal of stress during a difficult time.

Reference: Brooklyn Reporter (May 9, 2017) “Top 3 estate planning tips for New Yorkers”

You Don’t Live in a Mansion? You Still Need an Estate Plan

Thinking about how you’d like your assets to be distributed after your passing is a start, but putting those thoughts into an estate plan ensures that your thoughts will translate into reality.

Even if you aren’t wealthy or even near retirement age, you still need an estate plan. If you own anything, including a home, any financial accounts or even a car, you have an estate.

As Vanguard’s recent article, “5 estate planning facts you need to know now” explains, your estate includes both tangible and intangible personal possessions and real property.

An estate plan is a set of legal documents used, if you become incapacitated or die. The documents detail your wishes when you're unable to communicate on your own behalf.

A typical estate plan contains the following:

• A will: it says who’ll get your assets and in what manner;
• A general power of attorney: designates a person to look after your financial needs, if you become incapacitated;
• A healthcare power of attorney: designates a person to make healthcare decisions for you, if you become incapacitated or are otherwise unable to do this for yourself; and
• An advance directive for healthcare (or living will): this states your wishes, if you can't make decisions for yourself.

Before you sit down with an estate planning attorney to create your estate plan, look at the whole picture, including both assets and liabilities. Make a personal financial inventory that includes details about your holdings as well as your debts.

Remember that if you die without an estate plan, your assets will be distributed according to your state's intestate laws, and if you have minor children, the court will determine who will care for them.

Once you have your estate plan, it’s important to keep it up-to-date. Review your estate plan—especially your beneficiary designations—every three or four years. You’ll need to make changes after a major life event, like a marriage, divorce, death,  adoption or a birth.

A word to the wise: software programs and websites may claim to let you create a will on your own. The problem is, you won’t know if these conform to the laws of your state, or if they will even be appropriate to your situation, until you have passed away. Many estate planning attorneys devote a great deal of time for cleaning up the messes left behind by do-it-yourselfers. Protect your family by working with an experienced estate planning attorney.

Reference: Vanguard (February 14, 2017) “5 estate planning facts you need to know now”

How Do you know if an Estate Planning Attorney is the Right One for you?

The first time that many people are introduced to the world of estate planning, is when a parent or grandparent passes away. This life event changes their perspective on its importance.

Every family has its own “personality,” and finding an estate planning attorney who works well with you and your family makes the process easier. An article in the Norman Transcript, “The right attorney is needed for wills and estate planning,” provides some tips on how to find the right one.

The daughter of a senior who develops dementia or another debilitating or life-threatening disease sees first-hand the true complexities of incapacity.  It helps the family to understand and appreciate the need and the value of health-care proxies, living wills and powers of attorney. These “life events” happen every day to many people. In order to address this reality of life, you need a plan.

The big question is, who’s going to be helping you?

Younger generations will be quick to jump online or look at their phones.  However, it is important to understand that estate planning is state-specific. Every state has specific requirements, timelines and deadlines. Your state’s laws will tell you just how estate planning documents must be written and how they need to be signed. A will or power of attorney form that you find online, may not satisfy your state’s requirements.

Remember that the law hasn’t caught up with technology. There is no way that you can execute your will on your smart phone.  In addition, many free or low-cost online legal service providers don’t provide state-specific advice or updated information.

When you talk with potential estate planning lawyers, make sure to ask questions to uncover their knowledge in this area of the law. You want an attorney who’s skilled and responsive to your needs, a good listener and a good communicator. There are general practitioners who take “whatever walks in the door,” which gives them a broad yet cursory level of experience with many types of law.

You want to work with an attorney who focuses on estate planning.  They will have a much deeper knowledge and extensive experience in this area of practice. Your estate planning attorney might not know how to defend a products liability claim. That’s OK, because he or she definitely will know how to create customized estate plans for their clients.

You should meet with the attorney face-to-face after reading through their website and social media platforms (if any). Those will give you information about their credentials and a sense of how they approach estate planning.  This is the first step in choosing an estate planning attorney.

Well-meaning friends may have suggestions about attorneys they have worked with, but you’ll need to be objective about any recommendations. Their situations may be quite different than yours, and they may not understand that estate planning is different than other legal areas.

Reference: Norman Transcript (March 5, 2017) “The right attorney is needed for wills and estate planning”

Pivot Your Thinking about Estate Planning: It’s Really Planning for Your Life and Those You Love

Estate planning includes planning for incapacity, which no one believes will ever happen to them. Having the right documents in place, makes a difficult situation more manageable.

Accidents and traumatic health events happen to people every day, even to the healthiest among us. For some, a health crisis is a short term problem, but for many others, entire lives are changed. Without an estate plan, which includes documents concerning incapacity, the consequences can be enormous, according to The Business Journal’s article, “Proper estate planning is as much about life as death.”

Make a plan. A will is a legal document that provides evidence of your wishes to those who will represent you after death as executor and provides instructions to that person on how and to whom to disburse the assets.

Power of Attorney and Revocable Living Trust. Without a durable power of attorney or a revocable living trust, financial institutions won’t speak with someone trying to help you with your financial affairs. If you’re critically injured or terminally ill and you have no end-of-life care instructions, your family won’t know how to carry out your wishes. A health care power of attorney can empower the person(s) that you choose to direct your medical care consistent with your wishes.

Beneficiary Designations. Life insurance, retirement plans, and financial accounts have beneficiary designations or are held as joint tenants.  They, therefore, pass directly to someone else at death without probate.  It is important that these designations are consistent with your overall estate plan.

Guardianship. If you have minor children, you need to designate your preference on guardianship. If you have young adult children or others dependent on you for care or financial support, there are trusts that can ensure this support continues during periods of incapacity and after death.

Taxes. You need to look at both income taxes and estate taxes when planning. Inheriting property is typically not a taxable event, but if you are liquidating certain inherited property—like an IRA or an annuity— it can result in a significant income tax bill. Proper planning can help minimize overall income and estate taxation.

Keep your plan current. Everyone has changes and life events. These changes can impact your family structure, financial situation, personal wishes, and new tax laws on your estate. Review your estate documents and your beneficiary designations regularly.

To protect yourself and your family, you should speak with a qualified estate planning attorney to ensure that the right documents are prepared for your situation. If you go with a “do-it-yourself” plan, you won’t know if the documents are correct. You may have saved some money, but the cost and problems of incorrect documents that your loved ones will have to deal with, will far outweigh any savings.

Reference: The Business Journal (March 1, 2017) “Proper estate planning is as much about life as death”