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Elder Abuse Elder Abuse TaskforceTaskforce

January 8, 2003January 8, 2003

THE ROLE OF THE MARICOPA COUNTY THE ROLE OF THE MARICOPA COUNTY PUBLIC FIDUCIARY PUBLIC FIDUCIARY

& &

THE FINANCIAL EXPLOITATIONTHE FINANCIAL EXPLOITATION

INVESTIGATORINVESTIGATOR

ObjectivesObjectives

You will have been exposed to some of You will have been exposed to some of the terminology used by the Public the terminology used by the Public Fiduciary and the Financial Exploitation Fiduciary and the Financial Exploitation InvestigatorInvestigator

You will have a general understanding of You will have a general understanding of the Public Fiduciary’s role & services.the Public Fiduciary’s role & services.

You will have a general understanding of You will have a general understanding of the role of the MCPF Financial the role of the MCPF Financial Exploitation InvestigatorExploitation Investigator

You will be aware of the Pertinent You will be aware of the Pertinent StatutesStatutes

You will have an understanding of who You will have an understanding of who has a duty to report abuse and the has a duty to report abuse and the financial exploitation of vulnerable financial exploitation of vulnerable adultsadults

ObjectivesObjectives

Title 14, Article 6 Title 14, Article 6 Public FiduciaryPublic Fiduciary

A.R.S. § 14-5602(A)A.R.S. § 14-5602(A)

The court shall appoint a public The court shall appoint a public fiduciary for those persons or fiduciary for those persons or decedents’ estates in need of decedents’ estates in need of guardianship, conservatorship guardianship, conservatorship or administration and for whom or administration and for whom there is no person or corporation there is no person or corporation qualified and willing to act in qualified and willing to act in that capacity.that capacity.Superior Court -

Probate Division

The Role of The Public The Role of The Public FiduciaryFiduciary

The Maricopa County Public Fiduciary provides guardianship, conservatorship and decedent services when no other person or corporation is qualified and willing to serve.

We are frequently appointed by the probate court to make an investigation and recommend what action should be taken.

We are the fiduciary of last resort and is referred those cases in which no attorney, bank trust department, private fiduciary, family member or any other person or corporation is able to act.

We are often appointed successor guardian, conservator or personal representative in matters involving breach of fiduciary duty.

DefinitionsDefinitions

FiduciaryFiduciary

An individual or a trust institution charged with the duty of acting for the benefit of another party as to matters coming within the scope of the relationship between them.

Examples: The relationship between a guardian and his ward, an agent and his principal, an attorney and his client, one partner and another partner, a trustee and a beneficiary.

A person can become a “de facto” fiduciary by acting in a fiduciary capacity.

MCPF Organizational MCPF Organizational ChartChart

Public Fiduciary

Asst. Public Fiduciary

Estate Operations

Estate Administration

Guardian Administration

Intake Investigator

Case ReferralsCase Referrals

physicians and lawyersphysicians and lawyers nursing homes and hospitals nursing homes and hospitals The Superior CourtThe Superior Court Adult Protective ServicesAdult Protective Services The Division of The Division of

Developmental DisabilitiesDevelopmental Disabilities Private FiduciariesPrivate Fiduciaries Law enforcementLaw enforcement

Intake InvestigatorIntake Investigator

The Chief Investigator visits the prospective The Chief Investigator visits the prospective client and contacts family and others involved client and contacts family and others involved in care and/or familiar with their in care and/or familiar with their circumstances. circumstances.

The Chief Investigator summarizes his The Chief Investigator summarizes his

findings, conclusions and recommendations in findings, conclusions and recommendations in a written memorandum submitted to the a written memorandum submitted to the Public Fiduciary, who determines the office’s Public Fiduciary, who determines the office’s subsequent involvement in any case.subsequent involvement in any case.

Assistant Public Assistant Public Fiduciary Fiduciary

Assists in directing activities Assists in directing activities related to the proper management related to the proper management of the MCPF office.of the MCPF office.

Preparation of Legal DocumentsPreparation of Legal Documents Court AppearancesCourt Appearances Initiate and Monitor Legal ActionsInitiate and Monitor Legal Actions

Estate Operations Estate Operations Primary ServicesPrimary Services

Internal / Estate Internal / Estate AccountingAccounting

Court AccountingCourt Accounting

BenefitsBenefits

Maricopa CountyMaricopa CountyIndigent Burial Indigent Burial

ProgramProgram

The purpose of the Burial Services Program is to provide final disposition to decedents of indigent families of Maricopa County so that eligible burial services can be arranged.

Services Provided by the Services Provided by the Guardian AdministratorsGuardian Administrators

Quarterly Visits Care Plan Reviews Coordination of

Medical Support Services

Monitoring of Residential Placement

Health Exam Coordination

Triage Change in Med. Condition Status

Personal Needs Assessment

Shopping and Trans. Coordination

Final Arrangements

Services Provided by Services Provided by the Estate the Estate

Administrators Administrators Inventorying

Services Marshaling of

Assets Asset Research

and Discovery Valuations Client Budget Set

up and Monitoring

Insurance Procurement

Investment Purchases

Real Property Management

Investigations

The Role of The The Role of The Financial Exploitation Financial Exploitation

InvestigatorInvestigator Investigate referrals involving the alleged financial

exploitation of a vulnerable adult or incapacitated person.

Referral sources include:1) Internal (Estate or Guardian Administrators)2) Superior Court--Probate Division3) Adult Protective Services (APS)4) Law Enforcement5) Family / Friends / Neighbors of our wards.

Fiduciary AbuseFiduciary Abuse

a situation in which any person who is the caretaker of, or who stands in a position of trust to, an adult, takes, secretes, or appropriates their money or property, to any use or purpose not in the due and lawful execution of such person's trust.

More DefinitionsMore Definitions


Mental CapacityMental Capacity

This refers to the victim’s ability to give knowledgeable consent.

There are a range of of impairments that may render a person incapable of independent decision-making. This may, or may not be a permanent condition.

No single standard has been codified for the legal determination of capacity.


Undue InfluenceUndue Influence

This is a form of manipulation or deception used to gain assets without the true consent of the victim.

It is usually the result of a relationship between the victim and the abuser.

Anyone can be subject to this. There is no mental test for it.


Power of AttorneyPower of Attorney A document, sometimes witnessed and acknowledged,

authorizing the person named therein to act as his agent (attorney in fact) for the person signing the document (principal). There are two basic types of powers of attorney: financial and healthcare.

General: Agent is authorized to act in all matters.

Special: Agent has the authority to only do certain, specified things.

Durable: The power granted survives the disability of the principal.

Springing: Authority commences upon a certain event, or contingency.

Power of Attorney (Continued)Power of Attorney (Continued)

Under Arizona Revised Statutes Section

14-5506 (A) an attorney in fact must act

solely for the benefit of the principal.

Any actions taken that are not solely for the benefit of the principal must be specifically identified by the power of attorney and be separately initialed by the principal and the witness at the time of execution of the instrument.


ExploitationExploitation

financial abuse of individuals by the repeated improper or illegal use of their assets.

taking unfair advantage of an someone’s financial resources for personal or financial advantage by the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense.


Additional Duties of The Additional Duties of The Financial Exploitation Financial Exploitation

InvestigatorInvestigator Asset Protection

File criminal complaints with law enforcement, when evidence of exploitation exists

Notify the Superior Court when we have filed a complaint of exploitation under §A.R.S. 46-454.

Assist in the prosecution of civil / criminal exploitation cases.

Testimony & exhibits.

Additional Duties of The Additional Duties of The Financial Exploitation Financial Exploitation

InvestigatorInvestigator Asset Recovery

Quit-Claim DeedTitle to AutoPromissory NoteSettlement Agreement

What Are the Signs of What Are the Signs of Financial Exploitation?Financial Exploitation?

THEFT AHEAD

FORGERY Right 3 Miles

EXTORTION Next Left

Exhibiting disparity between income, assets and lifestyle

Unexplained, or sudden inability to pay bills, purchase food, or personal care items

Extraordinary interest by family member of older person’s assets

Some of the Signs of Some of the Signs of Financial ExploitationFinancial Exploitation

Inaccurate, confused, or no knowledge of finances

Fear or anxiety when discussing finances

Unprecedented transfer of assets from an older person to others

Some of the Signs of Some of the Signs of Financial ExploitationFinancial Exploitation

Pertinent StatutesPertinent Statutes

§A.R.S. 14-5601(A) The Arizona State Legislature established the

Office of the Public Fiduciary in 1974.

§A.R.S. 46-454 Duty to report abuse, neglect, exploitation...

§A.R.S. 46-455 Duty to an incapacitated or vulnerable adult...

Duty To ReportDuty To Report

§A.R.S. 46-454 (A) A physician, hospital intern or resident, surgeon, dentist, psychologist, social worker, peace officer or other person who has responsibility for the care of an incapacitated or vulnerable adult and who has a reasonable basis to believe that abuse or neglect of the adult has occurred or that exploitation of the adult's property has occurred shall immediately report or cause reports to be made of such reasonable basis to a peace officer or to a protective services worker. The guardian or conservator of an incapacitated or vulnerable adult shall immediately report or cause reports to be made of such reasonable basis to the superior court.

Duty To ReportDuty To Report

§A.R.S. 46-454 (B) An attorney, accountant, trustee, guardian, conservator or other person who has responsibility for preparing the tax records of an incapacitated or vulnerable adult or a person who has responsibility for any other action concerning the use or preservation of the incapacitated or vulnerable adult's property and who, in the course of fulfilling that responsibility, discovers a reasonable basis to believe that exploitation of the adult's property has occurred or that abuse or neglect of the adult has occurred shall immediately report or cause reports to be made of such reasonable basis to a peace officer, to a protective services worker or to the public fiduciary of the county

in which the incapacitated or vulnerable adult resides.

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