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Increased Internet access putting elderly at risk

25 November 2015

Increased Internet access putting elderly at higher risk of exploitation

Higher levels of Internet and email usage by the elderly has a dark side, as vulnerable seniors find themselves increasingly at risk from sophisticated Internet scams and fraudsters, and without adequate protection from the legal system.

New Zealand law firm Stainton Chellew is warning that the law and enforcement authorities are not keeping up with the risks and dangers posed by our increasingly pervasive digital culture.

A partner at the law firm Stainton Chellew, Mr Henry Chellew, said it is difficult for families and other responsible persons to act when elderly loved ones are targeted by fraudsters and other unscrupulous people (online and offline) because there are a number of hoops they have to jump through, and not all are effective. For example, legal costs themselves can result in inertia.

“The rising number of very sophisticated Internet scams is good enough to fool some digital natives, let alone those who are elderly or who lack sufficient mental capacity to enter into a contractual relationship.”

Mr Chellew was prompted to speak out when an elderly client contacted him about an email she received from an agent for a major Spanish lottery, telling her that her deceased husband had purchased a ticket some months before his death and was a winner.

“The amount involved was huge and I had great difficulty persuading the client that she should not send them the ‘agent’s facilitation fee’. She was only convinced once I was able to find an almost identical letter listed on the Lottery site in Spain warning against the scam.”

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Mr Chellew said the job was a lot harder when the senior person lacked sufficient mental capacity, for example where they might suffer from early stage Alzheimer’s or short-term memory loss.

“Many families think that having power-of-attorney is a protection. It is not. It only means that the person with the POA can act on that person’s behalf.

“Protecting family members is tough. I’ve seen instances where there has been a rapid decline in mental health, where for example, the senior person has suddenly started suddenly gambling heavily or become fixated with an Internet scammer.

“The law requires the family or caregivers to persuade that senior person to consent to a medical examination. Then the medical practitioner needs to overcome the statutory presumption that every person has mental competency and work backwards from there to the point of deciding that the problem is bad enough to warrant legal intervention – bearing in mind that there are various forms and degrees to mental health problems.

“There is an ongoing danger that a senior person with a sufficiently recovered mental capacity can become angry and revoke the family member’s power-of-attorney when they have been confronted with the need to take urgent steps to protect their assets. I’ve seen this kind of thing involving Internet scammers, end with tragic consequences. I know of one case where the husband of a woman who was caught up in an Internet scam, that wiped them out financially, took his own life,” Mr Chellew said.

If it can be established by a medical practitioner that the senior person lacks mental capacity, the family or responsible parties can apply to the Family Court for a property manager to be appointed under the protection of Protection of Personal Property Rights Act 1988.

“The property manager will be able to remove the at risk person’s access to bank accounts and credit cards. A notice will have to be sent to their bank to make it clear that the 'at risk person' has no authority to transact banking business. It is an extreme step, but unfortunately it is the only thing you can do in some situations.

“I think there is a loophole where people can be exploited, because sometimes the costs of going to court to remedy something that somebody has already done to a vulnerable person may outweigh the cost of the damage that has been done. There is a degree of inertia there that these people will exploit.

“Regardless, it is always a good idea to take legal advice so you have the correct information to make the right decision on what to do.”

Mr Chellew said that in this age of Internet and email it is now even more important that families focus on staying in even closer contact with senior and vulnerable family members.

“Increased communication and advise is needed, especially if the senior person has a computer or smartphone with access to the Internet. I think a frank discussion about the variety of scams and risks out there is a given, and get them some robust virus protection for their computer. Younger people who use social media on the internet frequently are savvy to these risks, but older people might not be,” he said.

For more information, visit http://www.staintonchellew.co.nz


ends

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