Monthly Archives for November 2015

New Uniform Act Good News for Rhode Island Caregivers

Published in Woonsocket Call on November 29, 2015

With the quick stroke of her pen, Rhode Island Governor Gina Raimondo signed guardianship legislation into law during the 2015 legislative session that would help Rhode Islanders avoid costly and time-consuming red tape when exercising health care, financial and other legal responsibilities for their out-of-state, elderly loved ones. It takes effect on January 1, 2016.

Like motherhood and apple pie, the changes made to the State’s guardianship law had broad bipartisan support in the Rhode Island General Assembly. The House bill and a similar Senate companion measure (entitled the “Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act”) passed overwhelming by votes of 72-2 and 37 to 1, respectively.

Representative Robert E. Craven (D-North Kingstown) who Chairs the House Committee on Municipal Government, says his legislation (introduced with Representative Michael A. Morin (D-Woonsocket) simply helps to protect those who are unable to protect themselves.  “When appointing guardians and instituting protective orders for adults, the law must be clear and concise to ensure someone’s rights are not violated while also keeping them safe,” he says, noting that the new law makes the rules and procedures very clear for this process and it will offer both the protected persons and petitioning guardians the legal causes and safeguards that are needed in such complex situation,” he said.

Fixes Jurisdictional Issues over Guardianship

According to Division of Elderly Affairs Director Charles J. Fogarty, the new law “provides consistency, reciprocity, and procedural efficiency in the best interest of seniors, creating a hospitable and healthy Rhode Island for our elders.”

Fogarty says that the new law would benefit caregivers in many way.  It clarifies state jurisdiction issues and even facilitates the transfer of guardianship from one state or another.  It also would enhance interstate recognition and enforcement of guardianship orders and simplifies communication and cooperation between courts.

Fogarty notes that Rhode Island’s new guardianship law is a law that 37 other states, as well as the District of Columbia and Puerto Rico, have already enacted, allowing for cooperation on and simplification of inter-state issues.  “It will be easier for out-of-state caregivers to focus on supporting their loved ones as opposed to becoming mired in current laws.  This legislation ensures that seniors and caregivers don’t waste time and resources in cases involving simultaneous and conflicting jurisdiction,” he says.

“We are very pleased that our staff, our terrific State House advocacy volunteers and a strong network of partners worked hard together to ensure that Rhode Island became the 42nd jurisdiction to enact the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act,” said AARP State Director Kathleen Connell. “Now, Rhode Island joins the national effort that focuses on care, not courts, by removing the barriers that prevent caregivers from providing for their loved ones, regardless of where they live.”

According to the AARP Public Policy Institute’s recent report “Valuing the Invaluable: 2015 Update,” the number of caregivers in our state is 134,000. Their work has an economic value of $1.78 million. That, Connell said, is why AARP Rhode Island strongly supported the legislation and was joined by judges, lawyers and families throughout Rhode Island.

Many Benefits, No Cost to Rhode Island Taxpayers

Connell notes that when the uniform guardianship jurisdiction becomes law, it will carry no cost to taxpayers and makes no changes in the state’s substantive guardianship procedures. However, Rhode Islanders will benefit as it will save them time and money. In addition, they will be safeguarding the health and financial well-being of their loved ones.

“It may seem very technical,” Connell continued. “But the bottom line is easy to understand:  We all recognize that we are a mobile society, and with that we need laws pertaining to caregivers and their families to reflect that reality. AARP strongly supports legislation that removes barriers that prevent guardians in Rhode Island from providing for their loved ones, regardless of where they live. “For Rhode Islanders, the uniform guardianship act is a step in the right direction to help protect the interests of vulnerable incapacitated adults who need guardians,” Connell said. “With this law, our guardianship system will function more efficiently, fairly, and cost-effectively.”

Court-appointed guardians step into the shoes of at-risk adults who can no longer make their own decisions, and make judgments about property, medical care, living arrangements, lifestyle and potentially all personal and financial issues. As a judicial proceeding, guardianship can be expensive, time-consuming and combative. It can remove fundamental individual rights. It can prevent or redress elder abuse – or can create an opportunity for exploitation or abuse of vulnerable adults.

This new uniform act addresses initial jurisdiction regarding a guardianship case; recognition of one state’s guardianship orders by another; and interstate transfers of guardianship cases when such transfers would benefit the incapacitated person.

Another key reason AARP strongly supported enactment stems from concern over elder abuse, neglect and exploitation. It will reduce the enticement of a vulnerable person to another state ― to gain control over assets. The law now will permit a court to consider which jurisdiction can best protect a person subject to abuse, and facilitate communication between courts in different jurisdictions about allegations of abuse.

Partners included the Uniform Law Commission. The Commission provides states with non-partisan, well-conceived, and well drafted legislation that brings clarity and stability to critical areas of state statutory law. In addition, the Act has a broad range of support from organizations including the National College of Probate Judges, National Academy of Elder Law Attorneys, National Guardianship Association, Conference of Chief Justices and the Alzheimer’s Association.

With the graying of Rhode Island’s population commonsense laws like the “Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act” need to be enacted.  Last session, state lawmakers worked together to pass this legislation that makes guardianship system more efficient, less time-consuming and costly for Rhode Island caregivers.  At no cost to Ocean State taxpayers.  Hopefully, best policy practices from across the nation can be brought to the Rhode General Assembly for full consideration.  If it happened once it might just happen again.

 

Tis’ the Season to Get Ripped Off, if Your’re Not Careful

 

Published in Pawtucket Times on November 23, 2015 

             With just a little over 30 days left to Christmas, a newly released AARP Fraud Watch Network telephone poll finds that 70 percent of American consumers failed a quiz about how to protect themselves from common holiday scams.  Many of the survey’s respondents, age 18 and over, say they are regularly engaging in risky behaviors which could put them at risk of being victimized by con artists during the approaching holidays..

The 26-page report, “Beware the Grinch: Consumers at Risk of Being Scammed During the Holidays,” details AARP’s random polling results of consumers about their knowledge of the most common scams occurring before holidays, including those related to charitable giving, gift cards, package deliveries, and use of public Wi-Fi.  Seventy percent of the respondents were only able to answer correctly four or fewer questions out of a total of seven questions

“While most of us focus on family and friends during the holidays, fraudsters are zeroing in on our wallets and bank accounts,” warns Nancy LeaMond, Chief Advocacy & Engagement Officer, AARP.  “We’re encouraging consumers to elevate their awareness of some emerging and popular scams, and to also share the information with their families to help keep them safe this holiday season,” she says.

Prompted by the dismal survey results, AARP’s Fraud Watch Network has launched an education campaign, including a new web page, www.aarp.org/money/scams-fraud/fraud-watch-network, specifically designed to educate the public about the top five holiday scams:

Charitable Giving

According to the National Philanthropic Trust, in 2015 Americans gave $358 billion dollars to charity.  Government officials who regulate nonprofit charities and fundraisers say that while most charities are legitimate, there are many fundraisers, especially telemarketers, who keep 85-90% of the money they raise.

AARP’s survey finds that 70 percent of the respondents who donated to a charity or fundraiser in the past 12 months did so without even asking any questions about how that donation would be spent, and 60 percent made donations without verifying that the charity groups were legally authorized to raise money in their state. .

The pollsters say that about a third of the respondents admitted that they don’t know (15%) or aren’t sure (18%) that, in most states, professional fundraisers must be registered with the government and report how much funds they raise and how much goes to the charitable purpose.  Less than one in ten (8%) could correctly name the government agency they should contact to verify the legitimacy of the charity or fundraiser (the correct answer: Office of the State Secretary).

Gift Cards

Fraud experts warn that scammers sometimes hit store gift card racks, secretly write down or electronically scan the numbers off the cards, then check online or call the toll-free number to see if someone has bought the cards and activated them. As soon as a card is active, the scammers drain the funds.

Fifty-eight percent of AARP’s survey respondents say they plan to buy gift cards from a rack at a big box store, pharmacy or grocery store this holiday season for gifts.  Only 54 percent knew that the gift cards purchased from a gift card rack at retail stores are “not safe” from hackers or thieves than gift cards purchased online.

Pull Out that Credit Card

The AARP survey findings note that almost two-thirds of the holiday shoppers surveyed (64%) say they will buy holiday gifts this year using a debit card.  Consumer protection experts advise using credit cards rather than debit cards for most purchases, to better protect the buyer from fraud and theft.  With credit cards, you are financially liable for only up to $50 of fraudulent use.  But with a lost or stolen debit card, the scam can be more costly and hit you hard in your pocketbook

Surf Safely on Public Wi-Fi

The survey findings found that holiday shoppers incorrectly believe that it is safe to access “sensitive” financial information via a free Wi-Fi network.   About 52 percent of internet users in this survey say they will use free public Wi-Fi in making purchases or to do their banking.  Many of them, while using public Wi-Fi, will make purchases (42%), access their bank accounts (28%), and check their credit card accounts (16%).

Package Signoffs Reduce Scams

The AARP survey findings indicate that over 40 percent of holiday shoppers are unaware that package delivery companies are not responsible for stolen packages that are left at your front door without requiring a delivery signature.  Seventy nine percent of the respondents claim that they ship packages to friends without requiring a signature at least some of the time. Seventy-three percent indicate that they have received home deliveries without having to provide a signature “some” or “all of the time.”

AARP Fraud Watch Protects Consumers

In Rhode Island, AARP has deployed a corps of volunteers who travel around the Ocean State, with a presentation introducing the Fraud Watch Network and offering attendees free copies of “The Con Artist’s Playbook, a brochure written by former con artists, revealing their techniques they use to steal identities. Fraud Watch was AARP’s central theme at last summer’s tournament week at the Newport-based International Tennis Hall of Fame and volunteers were enrolling people as recently as last week at a Providence Bruins game. To date, more than 1,200 Rhode Islanders have signed up for the free fraud alert this year.

“Con artists think they can bully people into forking over their hard-earned money,” AARP Rhode Island State Director Kathleen Connell said. “That’s why today, we’re turning the tables on them and arming Rhode Islanders with the information they need. This require constant vigilance, and the upcoming holiday season is a time when con artists up their game,” she says.

Connell notes that groups of a dozen or more can request a Fraud Watch presentation by calling the AARP state office at 401-248-2671. In 2016, AARP wants to train more volunteers to present Fraud Watch in their communities and to point people to AARP resources designed to combat fraud.

People are more aware of telephone and online scams than ever before,” Connell said. “But the con artists manage to keep one step ahead, inventing new and disarming ways to punch people’s emotional buttons and lead them to a place where they make bad and sometime terribly costly decisions.”

Attorney General Peter F. Kilmartin whose office works to alerts and educate consumers about the latest scams making their way through Rhode Island noted that despite the news of increased scams during the holidays, a little perspective is important, “the true meaning of Christmas is about celebrating family and friends and being thankful for what we have.”

 

Aggressive Scams Popping Up All Around the Ocean State

Published in Woonsocket Call on November 25, 2015

On Thursday morning, Mary Smith (not her real name) received a phone call from Sergeant Bradley from the Washington County Sheriff’s Office claiming she had missed jury duty and because so, there was a warrant issued for her arrest. Concerned, the older woman asked the man, who identified himself Sergeant Bradley, what she needed to do to fix the problem. She was instructed to go to a local CVS, purchase a pre paid debit card in the amount of $300 and to meet him in the parking lot of the Washington County Courthouse.

Thinking quick, Mary reported the troubling call to her local police. Like many older Rhode islanders, she had been a target of an aggressive scam now sweeping through the Ocean State, called the “jury duty scam.”

According to the Attorney General’s Office, in the latest rendition of the scam, an individual is calling Rhode Islanders claiming there is a warrant out for their arrest for failure to appear for jury duty. The individual, identifying himself as “Sergeant Bradley,” from either the “Washington County Sheriff’s Office,” the “South County Sheriff’s Office,” or the “Newport County Sheriff’s Office.” The caller ID shows the individual is calling from the 401 area code.

Here’s the scam

“Sergeant Bradley” tells the people he calls that they will be charged with a felony for failure to appear for jury duty and will then be held at the ACI for 30 days, after which they will be brought before Judge Suttell.

In order to avoid being arrested the scammer urges the individual to make an immediate payment using a pre-paid debit card. Mary did not fall for this old scam. It has been reported that at least one person paid more than $900 before they realized they were tricked.

Attorney General Peter Kilmartin calls on anyone receiving a similar phone call or threat to contact either the Rhode Island State Police to report the incident. Kilmartin says, “The individual making these phone calls has just enough information to make themselves sound legitimate.” This information, however, is readily available on the Internet to anyone with access to a computer, he notes.

“It is very important for anyone who receives a similar phone call to write down as much information as possible, don’t provide any personal information to the individual over the telephone, do not pay any money, hang up, and contact the State Police,” adds Kilmartin.

The state’s Office of Attorney General provides the following details about judicial process to keep Rhode Islanders from becoming a victim of the “jury duty scam.”
• Neither the Jury Commissioner nor the Rhode Island Sheriff’s Department makes telephone calls to prospective jurors threatening arrest or demanding that a fine be paid or a bond posted. If a juror who has been legitimately summoned in writing fails to appear, the Jury Commissioner will attempt to make contact and arrange to reschedule his or her service.

• Sheriffs in Rhode Island are a division of the Rhode Island Department of Public Safety and primarily work with the Courts. Unlike most other states, Rhode Island does not have sheriff departments based in counties. Each city and town has its own local police department.

Constant Vigilance Key to Fighting Scams

According to the U.S. Federal Trade Commission list of top consumer fraud complaints last year, more than 6,200 Rhode Island residents were victims of imposter scams.

“These latest Rhode Island scams underscored the need for constant vigilance,” observed AARP Rhode Island State Director Kathleen Connell. “We like to remind people that when people hear about a scam, the first reaction often is ‘I’d never fall for that.’ Well, maybe that’s because you just read about it in the news. People need to remember that they are most susceptible to the fresh scam no one is talking about that comes out of the blue.”

AARP’s Fraud Watch Network, Connell said, is one way to keep current. If you register for the free service you can receive alerts via smart phone or your computer when a new scam surfaces. You also can report a scam going around your neighborhood that is shared across the network, she added. If you’re not connected to the Internet, you can receive alerts and tips via a quarterly newsletter mailed to homes (Lean more and sign up at http://www.fraudwatchnetwork.org).

“Identity theft and fraud costs seniors billions of dollars nationally – in most cases, money that has been set aside for retirement, “Connell noted. “Impersonating police officers, federal agents or financial service companies, scammers use their “authority” to scare a person into paying them. Or, they pretend to be a friend or loved one in trouble who needs money.

“We’re committed to fighting back,” Connell declared, noting that one recent effort was a “reverse boiler room” operation.

In September, Connell and AARP Rhode Island volunteers Alan Neville of Cumberland and Carlo Gamba of West Greenwich met up in Boston with more than 50 others. Borrowing a favorite tactic the con artists’ playbook, AARP Fraud Watch Network staff and volunteers from New England and New York operated their own telemarketing boiler room. Instead of hearing from scammers, local residents received tips and information on how to protect themselves from imposter scams.

Strong Connections Protect Seniors from Scams

“Friends and family are key partners in protecting senior citizens from financial exploitation,” remarked Elderly Affairs Director Charles Fogarty. “Isolation is a major reason that people get victimized, so ensuring that senior citizens living in the community have strong connections to family and friends helps to protect them from scams and exploitation.”

The Department of Elderly Affairs (DEA) monitors fraud and scam reports from a number of sources, and distributes those notices to a network of approximately 500 partners in the community. If the victim of a scam is referred to DEA, they immediately contact the Attorney General’s Consumer Protection Unit. DEA does not investigate instances of scams perpetrated by strangers, but does investigate financial exploitation of an older adult by family or acquaintances.