Guardianship Risk: Rick Black from CEAR Addresses the Guardianship Improvement Task Force

Rick Black, addresses the Guardianship Improvement Task Force on August 19, 2021.   Rick is a director of the Center for Estate Administration Reform (CEAR).  CEAR is a not-for-profit advocate with a mission to educate and seek justice for Americans when they are threatened by the growing problem of abusive probate, trust and guardianship fraud.

CEAR’s objective is to become the front line defense against the betrayal of our most vulnerable citizens, and a powerful force that investigates those who pervert the courts and exploit the law for their own gain.

CEAR's website poses the challenge succinctly:

Though many attorneys are honest and work with integrity, in reality, the legal system does not demand honesty, and is uniquely positioned to intercept estate funds either through independent actions or through the probate court system [emphasis added]. The probate system nationwide is fully aware of the system’s shortcomings, and yet it refuses to admit how easily it can be compromised to benefit the predatory legal community — at the expense of the vulnerable public it claims to protect.

The appointment of an unscrupulous guardian can happen to anyone. The practice is fully endorsed by some in the legal community who can mitigate liability or receivables risks by medical institutions, or illegally assume control of an estate. It is a problem in every state, the question being only to the degree by which it occurs.

Effective aging in place planning demands that a senior, the seniors family, and the senior's advisors understand and implement strategies to avoid and prevent abusive guardianship and abusive guardians through comprehensive planning.  Only by confronting the systemic risk of avoidable and unnecessary institutionalization, can a senior hope to control where s/he ages.   

 

IRS Publishes "Dirty Dozen" Tax Scams Targeting Taxpayers

Each year, the Internal Revenue Service (IRS) puts out their “dirty dozen” list. This is a list of scams that are so prevalent that the IRS wants everyone to watch out for. The scams fall into four main categories: pandemic-related scams; scams relating to personal information; schemes focusing on certain victims; and scams that persuade taxpayers into taking crooked actions.  Of course, readers of this blog are aware that Alzheimer's cure scams are currently targeting the elderly and their families. 

Pandemic Scams

Due to the pandemic, the government passed legislation that provided financial help to individuals and businesses. A scam can focus on stealing these payments. The IRS alerts taxpayers to watch out for mailbox theft of stimulus checks. The IRS reiterates that an IRS employee will not initiate contact via phone, email, or text asking for your social security number or other information in order to process stimulus checks.  These scams often target a person's sense of community, need for unity, and commitment to good public health.

Scammers have also stolen identities and filed unemployment claims, the IRS says. These scammers have benefited from the bolstered unemployment benefits but the legitimate taxpayer is the one who may receive a Form 1099-G to report on their income tax return. If you received this form and you didn’t actually receive unemployment benefits, you should contact the appropriate state agency for a corrected form.

Scams Related to Personal Information

Personal information (PI) is information that is used to identify you and thus could lead to a scammer impersonating you. PI includes your social security number, driver’s license number, banking information, passwords, and more.

The first scam related to PI that the IRS warns against is phishing. This involves the scammer sending you a communication that looks like it is from a legitimate source, like a government agency. You think you are dealing with the IRS but you are instead dealing with a ne’er-do-well. The scammer collects your PI and then is able to perpetrate fraud on your accounts. Or the scammer has a virus embedded in the communication that compromises the security of your computer or phone.

Schemes Focusing on Certain Victims

There are also scams related to social media. The scammer may open a social media account and pretend to be friend or family member in order to extract PI from you. Or the con artist could ask you for money due to an “emergency” or for a fake charity contribution.

With the pandemic, fraudsters have set up fake charities or disaster relief companies. Or they create bogus stories on social media about a fake family that has had it particularly rough due to COVID-19. These stories or charities pull at your heart strings. Before you give to a cause, do your research to make sure it is legitimate, and your funds will be used as you intend. Be wary of a charity asking for a donation via gift card or money wire.  Even legitimate news organizations have been bitten by scammers, and have unwittingly facilitated relief scams. 

Scams that Persuade Taxpayers into Taking Crooked Actions

Immigrants are the targets of some scammers. The con artist will impersonate a government employee and threaten deportation or jail if a sum is not paid. The IRS states that a legitimate IRS agent will not make these threats. Similarly, those with limited English-speaking capability are susceptible to phone scams. The Schedule LEP let’s a taxpayer request a change in their language preference so that they can more easily understand official IRS communications.

Scammers may offer big discounts for a “settlement” with the IRS, or say that they will file for certain relief programs, such as an Offer in Compromise. While relief programs do exist with the IRS and can prove very helpful for some taxpayers with IRS debt, you need to make sure you are dealing with a reputable company who will actually do legitimate work on your behalf. Look out for misleading advertising or deals that seem too good to be trust. It might be worth contacting the IRS yourself first to see what options you have. There are many resources on the IRS’ website, including a questionnaire to see if you qualify for an Offer in Compromise. And, of course, the IRS offers its forms online.

Scammers are out there waiting to prey on the vulnerable and unsuspecting. The IRS warns to look out for any scam that requests payment via gift cards. Also, be aware that in most circumstances, the IRS will first communicate with you via mail. If the first contact is a phone call, be cautious. And the IRS will almost never send out communications to you via email.

One tactic that may reduce the damage resulting from a variety of scams is a security freeze and increased alert protection on the use of your identity.  There is a free service provided through the federal government.  For more information, read the blog article here. 

The Department of Justice maintains a National Elder Fraud Hotline, which will provide services to seniors who may be victims of financial fraud.  The Hotline is staffed by experienced case managers who can provide personalized support to callers.  Case managers assist callers with reporting the suspected fraud to relevant agencies and by providing resources and referrals to other appropriate services as needed.  When applicable, case managers will complete a complaint form with the Federal Bureau of Investigation Internet Crime Complaint Center (IC3) for Internet-facilitated crimes and submit a consumer complaint to the Federal Trade Commission on behalf of the caller.  The Hotline’s toll free number is 833-FRAUD-11 (833-372-8311).

Additional Protection to Help Protect Taxpayers

    IRS makes IP PINs available to all taxpayers – adding additional security

To help taxpayers avoid identity theft, the IRS this year made its Identity Protection PIN (IP PIN) program available to all taxpayers. Previously it was available only to victims of ID theft or taxpayers in certain states. The IP PIN is a six-digit code known only to the taxpayer and to the IRS. It helps prevent identity thieves from filing fraudulent tax returns using a taxpayer's personally identifiable information.

Using an IP PIN is, in essence, a way to lock a tax account. The IP PIN serves as the key to opening that account. Electronic returns that do not contain the correct IP PIN will be rejected and paper returns will go through additional scrutiny for fraud.

        Reducing fraud

The IRS and its Security Summit partners in the states and the private-sector tax community have made changes to help reduce identity theft-related refund fraud that are noticeable to the average person filing a return:

• Tax software providers agreed to strengthen password protocols. This is the first line of defense for these companies to make sure their products are secure.
• State tax agencies began asking for taxpayers' driver's license numbers as another way for people to prove their identities.
• The IRS limited the number of tax refunds going to financial accounts or addresses.
• The IRS masked personal information from tax transcripts.

    Multi-factor authentication can help

It is important for taxpayers filing in 2021 to know that online tax software products available to both taxpayers and tax professionals will contain options for multi-factor authentication. Multi-factor authentication allows users to better protect online accounts. One way this is accomplished is by requiring a security code sent to a mobile phone in addition to the username and password used to access the account.

The IRS and its Security Summit partners have formed an information sharing center that allows them to quickly identify emerging scams and react to protect taxpayers. The Identity Theft Tax Refund Fraud Information Sharing and Analysis Center PDF is now operational.

Also, check out our recent A Closer Look column for more on how to be vigilant about tax scams. Visit Identity Theft Central and Tax Fraud Alerts for more information on how to protect against or report identity theft or fraud.

If someone contacts you claiming to be from the IRS, you should call the IRS at 800-829-1040 to see what the facts are before proceeding.

Outbreak of Untreatable, Drug-Resistant Super-Fungus Unnerves Experts in Two Major US Cities

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As the delta variant of Covid-19 races through populations and consumes government and media resources, the Centers for Disease Control and Prevention (CDC) announced discovery of multiple instances of Candida Auris that appear to be resistant to all medicines in two health institutions in Texas and a long-term care facility in Washington, D.C.  According to researchers, the deadly, difficult-to-treat fungal infection spreading through nursing homes and hospitals across the United States is becoming even more dangerous. For the first time, the fungus, Candida Auris, has proven to be "utterly impervious" to all existing medication in several cases.

C. Auris, is a hardy yeast infection first found in Japan in 2009, and it is spreading rapidly throughout the globe.  During the coronavirus pandemic, federal health officials believe the disease spread more quickly and even farther, with overburdened hospitals and nursing homes unable to keep up with the surveillance and control procedures needed to manage local outbreaks.

According to the CDC's recent study, at least five out of over 120 cases of C. Auris were resistant to therapy.  The CDC did not name the facilities where the novel infections occurred. Still, health officials said there was no apparent link between the outbreaks in Texas at a hospital and a long-term care facility that shared patients and in Washington, D.C. at a single long-term care center. Between January and April, epidemics occurred.

According to the C.D.C., about a third of infected patients died within 30 days, although officials said it was unclear if their deaths were caused by the fungus because they were already "critically ill."

The CDC has discovered more than 2,000 Americans colonized with C. Auris - meaning the fungus was found on their skin - during the last eight years, with most cases centered in New York, New Jersey, Illinois, and California. Approximately 5% to 10% of individuals infected with the virus develop more severe bloodstream infections.

The fungus is difficult to eradicate from healthcare institutions once it has established itself, sticking to cleaning carts, IV poles, and other medical equipment. While the yeast infection is usually innocuous to individuals in good health, it can be fatal to critically ill hospital patients, long-term care facility residents, and others with weaker immune systems.

Dr. Cornelius J. Clancy, an infectious diseases specialist at the V.A. Pittsburgh Health Care System, told NatureWorldNews, "If you wanted to conjure up a nightmare scenario for a drug-resistant virus, this would be it." "Immunocompromised patients, transplant recipients, and critically sick patients in the I.C.U. would all be at risk from an untreatable fungal infection."

While C. Auris has a reputation for being difficult to treat, researchers discovered five individuals in Texas and Washington, D.C., who had infections that did not respond to any of the three primary antifungal classes. In addition, Panresistance had previously been reported in three C. Auris patients in New York.

Still, health officials said the newly registered panresistant infections occurred in patients who had never received antifungal drugs,  Dr. Meghan Lyman, a medical officer at the CDC specializing in fungal diseases, told the New York Times.

"What's alarming is that the individuals at risk aren't just a tiny group of folks who have infections and are already taking these medications," she added.

The discovery of a panresistant C. Auris is a sobering reminder of the risks presented by antimicrobial resistance, from superbugs like MRSA to antibiotic-resistant salmonella. According to the CDC, such diseases sicken 2.8 million Americans each year and kill 35,000.

Transport Risk Includes Assault, Abandonment, and Identity Theft!

Two senior living caregivers are charged with abuse and exploitation for allegedly stealing a resident’s identity and debit card and then abandoning the resident on the side of the road on a “particularly hot day” in 2019.  Tavetta Lavetta Jones and Tekera Levine, employees of Whispering Pines Assisted Living in Pensacola, FL, were supposed to transfer the resident to sign bond paperwork. 

Florida Attorney General Ashley Moody announced the arrests and charges  following an investigation by the state Medicaid Fraud Control Unit. Reporting suggests that the assisted living facility at which the resident lived was wholly unaware of the fraud, or that the resident had been abandoned:

Kevin Wheatley, owner of Whispering Pines, said he is in “scramble mode” to keep his facility “running safely and smoothly,” adding that he only learned about the incident recently from the local news.  “There is a certain amount of trust you have to put in your staff,” Wheatley told McKnight’s Senior Living. "If that trust is broken, it’s obviously heartbreaking.”

Wheatley reportedly told McKnight's Senior Living that Jones is no longer employed by the community and Levine, “who has a stellar reputation in the caretaking community,” is on administrative leave “until we can figure out what happened.” He said Levine maintains that she was not involved in the incident. 

Jones is charged with exploitation of an elderly person or disabled adult and criminal use of personal identification information. She faces up to 35 years in prison. Levine, a Whispering Pines manager, faces a charge of accessory after the fact and up to five years in prison. Both were arrested last weekend by the Escambia County Sheriff’s Office and released on a $5,000 bond each.  Both are entitled to a presumption of innocence.

According to the attorney general, the resident identified Jones and Levine as the employees who orchestrated the scheme. The resident also identified a black Volkswagen as the vehicle that Jones was driving the day the resident was abandoned on the side of the road.

Levine “gave varying accounts” about the incident and Jones’ involvement. Phone records placed both employees in the county where the resident was abandoned near the time that law enforcement responded to a 911 call from people who found the older adult on the side of the road. Phone records also placed Jones in the vicinity of ATMs where the victim’s debit card and personal identification number were used to access a bank account in August and September 2019.