Tougher Penalties Needed When Seniors Are Fleeced

Here’s a quiz: Under state law, what’s the potential punishment for a man accused of going on a spending spree with his ailing 93-year-old mother’s life savings? What if he used his power of attorney to spend her money on trips to casinos and country clubs, in smoke shops and in tanning salons, and on paying his own health insurance bills? What if he also took out a reverse mortgage on his mother’s previously free-and-clear condo, effectively using it as a cash machine while she’s being evicted from her nursing home for not paying the bills?

The answer: The law allows for a sentence of about three months, for the defendant’s one count of first-degree theft. That’s a measly three months for bilking a stroke-recovering senior out of the quality care she saved for.

This is an actual case recently filed by the King County Prosecutor’s Office. Senior Deputy Prosecutor Ivan Orton hopes to attach an aggravating factor to the charge, which would allow (but not compel) a judge to significantly extend the sentence.    

This case is a clear example that the available punishments for those who engorge themselves on the earnings of vulnerable seniors are grossly insufficient and why my office has made new protections for vulnerable adults a top priority.

The U.S. is in the midst of huge demographic shifts with a third of our population reaching retirement age in the next few years. On Jan. 1, 2006, baby boomers began turning 60 at the rate of one every 7.5 seconds. The criminally minded have targeted this growing population of seniors, who are often isolated and struggle with poor health but possess more assets than the general population. Disturbingly, much of this financial exploitation involves family members or friends who abuse the power of attorney in order to swindle assets. The stories are common, often including a senior living in squalor while a friend or family member drains her accounts and maxes out her credit cards.

During this year’s legislative session, which concluded in April, my office proposed new protections for vulnerable adults. We called for training to improve the ability of bank and credit union employees to identify and report financial exploitation, and to grant them permission to “freeze” an account if skullduggery is strongly suspected. We advocated a provision to better allow the public to access information about potential caretakers. And most relevant to the case described above, we asked for additional penalties for those who prey on vulnerable citizens. Unfortunately legislators chose not to enact these new protections. Had our bill passed, the man who allegedly frittered away his mother’s life savings while leaving her to state-funded care could face three years behind bars instead of just three months.   

This spring, my office had the privilege to participate in AARP’s “Taking Charge in Tough Times” seminars, a series of excellent events to educate seniors about protecting their nest eggs during the economic downturn. At the most recent event in Spokane, I met with seniors who asked how they can help promote better safeguards for vulnerable citizens. I urged them to contact their legislators to request action in the next legislative session. You can find your legislator, including contact information, through a handy online form or by calling 1-800-562-6000.

Let’s send a message to anyone tempted to gamble with grandma’s life savings: Washington state won’t tolerate the exploitation of our seniors.