Elderly adults are often the victims of overly aggressive debt collectors seeking payment for credit card debt, medical bills, and housing related expenses.

Certainly, a valid and binding debt cannot be ignored by any consumer. But there are, unfortunately, many circumstances where those seeking debt have incomplete or inaccurate information, or the debt collector violates the consumer rights of the individual from whom they are seeking payment.

I recently had the opportunity to sit down with my son, Randall P. Ryder, who is a consumer rights attorney and a partner in developing and maintaining Elder Prent Help. Randall specializes in representing consumers against abusive debt collectors and helping consumers who’s rights have been violated by those seeking to collect debt. Our conversation, which follows, addressed the legal rights individuals have when faced with unfair debt collection practices and suggestions for how to deal with debt collectors who may be violated the law.

What protections are available for elderly adults who may be facing over zealous debt collectors?

Individuals have considerable protection under the Fair Debt Collection Practices Act (FDCPA). Essentially this act prohibits debt collectors from being abusive, unfair, or using deceptive practices when they are attempting to collect a debt from you.

A debt collector can be debt collection agencies, attorneys who specialize in collecting debts and companies that buy debts that have not been paid and then seek to collect that debt. In addition to the federal act, many states have separate laws that regulate dept collection. You can locate your state’s laws by contacting the State Attorney General’s Office.

What do you do if you believe a debt collector is violating the FDCPA?

It is very important that if a debt collector contacts you by telephone that you write down everything you can remember from the phone call. In many debt collection cases those notes become essential pieces of evidence.

Thus, it is important that you have written notes that describe what happened because the debt collector will describe from their perspective what happened during the conversation. The sooner that you can write down everything from the conversation the more you will remember, and you will be in a better position to enforce your rights under the FDCPA.

Are there any specifics people should write down?

Start with the basics: what time was the call, what number did they call from, who did you talk to, and what did you talk about. The more details you can remember, the better. It’s also a good idea to save any voicemails and even take pictures of your caller id on your home or mobile phone.

If you received a letter or any any other form of a written communication make sure you keep it. After the conversation if something does not seem right, call a consumer rights attorney. Do not call the debt collector back out of anger and lose your composure.

If someone believes there is a violation of the FDCPA won’t they have to pay to hire an attorney?

The FDCPA entitles the consumer reasonable costs and attorneys fees if their case is successful, which means that most attorneys are willing to take these cases on contingency. It is critical to understand that these cases only have a one-year statute of limitations—you must bring your case within one-year of a violation of the FDCPA.

If the consumer is successful in court, they are also entitled to up to $1,000 in statutory damages, and actual damages. Actual damages can be in the form of emotional distress the consumer suffered as a result of the debt collector’s actions.

Who do debt collectors represent?

In almost every case, the debt collector is just that—someone collecting a debt for someone else. There are lots of companies that only collect debts. There are also lots of law firms that specialize in collecting debt.

The FDCPA generally only protects consumers against abusive debt collectors, so it is important to ask who is calling you and what they are calling about.

Can debt collectors garnish a consumer?

Yes, but in many cases garnishment is a threat used to encourage payment. State laws on garnishment vary, so you really need to talk to a consumer rights attorney in your state.

In Minnesota, for example, garnishment can only happen in one of three ways. One, after a judgment has been entered. Two, with express permission from a court after filing a lawsuit. Or three, after a lawsuit has been filed and the party has not responded after a set period of time. For the most part, most garnishment takes place after a lawsuit has been filed and a judgment has been entered.

Many times, debt collectors are just attempting to collect a debt—not a judgment. In those cases, threats of garnishment are usually just that—threats.

What should I do if I think a debt collector violated the law?

If you are in Minnesota, you can contact Randall. If you are in another state, contact your state’s Attorney General’s Office, the Federal Trade Commission’s information page on debt collection, or the National Association of Consumer Advocates who can assist you in finding an attorney.

(photo:http://www.flickr.com/photos/skettalee/26011383)

Some Advantages of Trusts

A majority of older individuals have taken the time to have a valid will written and shared with members of their family. Most people assume that since they have a will there will be no need for one’s assets to pass through a court after they die. Unfortunately, that is now always the case as in many states the court must certify the will and examine claims against the estate as well as distribute the assets of the estate. Probate can be an expensive process with costs ranging from 6-10% of the gross proceeds of the estate prior and debts are paid off. Probate is also a public process with all records of your estate being public. Probate can also consume a great deal of time. It is not uncommon for an estate to be in probate for one to two years. An alternative to a will is a living trust, which reads much like a traditional will but has many advantages over a will. First, a living trust is private. It does not become a public document open to public scrutiny. Second, a living trust is highly flexible for you while you are living. As the trustee you can buy and sell property, make changes in the trust, and you can even cancel the trust. A living trust also has the benefit of potentially reducing federal estate taxes. The Estate Tax is a tax on your right to transfer property at your death. It consists of an accounting of everything you own or have certain interests in at the date of death. The fair market value of these items is used, not necessarily what you paid for them or what their values were when you acquired them. The total of all of these items is your “Gross Estate.” The included property may consist of cash and securities, real estate, insurance, trusts, annuities, business interests and other assets.

Taxes and Trusts

Once you have accounted for the Gross Estate, certain deductions (and in special circumstances, reductions to value) are allowed in arriving at your “Taxable Estate.” These deductions may include mortgages and other debts, estate administration expenses, property that passes to surviving spouses and qualified charities. The value of some operating business interests or farms may be reduced for estates that qualify.

After the net amount is computed, the value of lifetime taxable gifts (beginning with gifts made in 1977) is added to this number and the tax is computed. The tax is then reduced by the available unified credit. Presently, the amount of this credit reduces the computed tax so that only total taxable estates and lifetime gifts that exceed $1,000,000 will actually have to pay tax. In its current form, the estate tax only affects the wealthiest 2 percent of all Americans.

Most relatively simple estates (cash, publicly traded securities, small amounts of other easily valued assets, and no special deductions or elections, or jointly held property) do not require the filing of an estate tax return. A filing is required for estates with combined gross assets and prior taxable gifts exceeding $1,500,000 in 2004 – 2005; $2,000,000 in 2006 – 2008; $3,500,000 for decedents dying in 2009; and $5,000,000 or more for decedent’s dying in 2010 or later (note: there are special rules for decedents dying in 2010.

There are other reasons for creating a trust. First a trust can establish conditions on how your assets are distributed after you die.  Second, a trust can reduce estate and gift taxes by effectively dividing the trust into A and B trust if one spouse dies before another. In that case, the deceased spouse has $5 million in assets which are not taxable. The trust provides a Part B for the living spouse who also has $5 million in non-taxed assets. Any amount over the $5 million is subject to estate taxes. Third, beneficiaries to the trust are not entitled to have access to the trust document itself, only the assets that are named in their behalf. If a beneficiary wishes to contest the trust they may do so only through legal action they would have to initiate and pay for.

In general, trusts have the advantage of maintaining the privacy of how your estate is distributed or managed after death. Trusts also do not involve court proceedings or accounting. The construction of a trust for your estate rather than having only a will is a matter that must consider the size of your estate, the individuals involved, the complexity of your finances, if there are special tax considerations, and the level of management you wish to have over your assets. Accordingly, you should discuss your desires with an attorney who deals with estate planning and writing trusts.

Photo: http://www.flickr.com/photos/shawn-walton/6006587387/sizes/m/in/photostream/

We have noted on this site that there are various types of elder abuse and neglect with each having distinct warning signs. We have also described how elders can seek legal assistance for abuse and negligence through Title III-B providers.

No one knows precisely how many older Americans are being abused, neglected, or exploited. While evidence accumulated o date suggests that many thousands have been harmed, there are no official national statistics. There are several reasons:

1. Definitions of elder abuse vary. It is difficult to pinpoint exactly what actions or inactions constitute abuse, and the problem remains greatly hidden.

2. State statistics vary widely as there is no uniform reporting system.

3. Comprehensive national data are not collected. In the absence of a large-scale, nationwide tracking system, studies of prevalence and incidence conducted over the past few years by independent investigators have been crucial in helping us to understand the magnitude of the problem.

The following highlights some of the most widely used estimates of elder abuse prevalence and incidence in the United States today.

What Do the Studies Say?

Prevalence

According to the National Research Council Panel to Review Risk and Prevalence of Elder Abuse and Neglect, between 1 and 2 million Americans age 65 or older have been injured, exploited, or otherwise mistreated by someone on whom they depended for care or protection. Estimates of the frequency of elder abuse range from 2% to 10% based on various sampling, survey methods, and case definitions.

Data on elder abuse in domestic settings suggest that 1 in 14 incidents, excluding incidents of self-neglect, come to the attention of authorities. Current estimates put the overall reporting of financial exploitation at1 in 25 cases, suggesting that there may be at least 5 million financial abuse victims each year.

The National Center on Elder Abuse estimates that for every one case of elder abuse, neglect, exploitation, or self-neglect reported to authorities, about five more go unreported.

Warning Signs

While one sign does not necessarily indicate abuse, some tell-tale signs that there could be a problem are:

• Bruises, pressure marks, broken bones, abrasions, and burns may be an indication of physical abuse, neglect, or mistreatment.
• Unexplained withdrawal from normal activities, a sudden change in alertness, and unusual depression may be indicators of emotional abuse.
• Bruises around the breasts or genital area can occur from sexual abuse.
• Sudden changes in financial situations may be the result of exploitation.
• Bedsores, unattended medical needs, poor hygiene, and unusual weight loss are indicators of possible neglect.
• Behavior such as belittling, threats, and other uses of power and control by spouses are indicators of verbal or emotional abuse.
• Strained or tense relationships, frequent arguments between the caregiver and elderly person are also signs. Most important is to be alert. The suffering is often in silence. If you notice changes in personality or behavior, you should start to question what is going on

Who Are the Abusers?

It has been estimated that roughly two-thirds of all elder abuse perpetrators are family members, most often the victim’s adult child or spouse. Research has shown that the abusers in many instances are financially dependent on the elder’s resources and have problems related to alcohol and drugs.

What if I Suspect Elder Abuse? What Should I do?

If someone is in immediate danger, call 911 or the local police for immediate help.
(You may also contact the Eldercare Locator on weekdays for state specific information at:1-800-677-1116.)

Photo: http://www.flickr.com/photos/capannelle1/2142742435/sizes/m/in/photostream/

There are numerous issues of elderly abuse and neglect that can be addressed through watchful monitoring of an elderly individual as well as informing the elderly themselves of issues of abuse and neglect and fraud.

We have outlined these issues within this site. At the federal level, support is provided  under Title III-B which is an integral element of the Agency on Aging’s legal assistance and elder rights programs. The Title III-B legal services network can provide important legal assistance for elder adults in accessing long-term care options and other community-based services.

What is available under Title III-B

Legal services under Title III-B also protect older persons against direct challenges to their independence, choice, and financial security. These legal services are specifically targeted to “older individuals with economic or social needs.”

There are approximately 1,000 AAA-funded legal services providers nationwide, which provide nearly one million hours of legal assistance per year. Areas of legal assistance provided by the Title III-B legal services network may include:

• Legal assistance for older persons to access public benefits (including SS/SSI/SSDI, Medicaid and Medicare, veterans benefits and unemployment compensation)
• Legal assistance for older persons to draft advance directives and designate surrogate decision makers who will effectuate their wishes if they become incapacitated
• Legal assistance on issues related to guardianship with a focus on representation for older persons who are the subject of guardianship actions
• Legal assistance for older persons to access available housing options, including low income housing programs that allow them to stay independent in their homes and communities
• Legal assistance for older persons facing foreclosure or eviction proceedings that jeopardize their ability to stay independent in their homes and communities
• Legal assistance for older persons to gain access to the full benefit of appropriate long-term care private financing options
• Legal assistance for older persons to maintain their long term financial solvency and economic security
• Legal assistance to ensure elder rights protections for older persons transferring from long-term care (LTC) facilities to home and community-based care
• Legal assistance for older persons who have experienced elder abuse, including consumer fraud and the financial exploitation of older persons

How Title III-B legal assistance can help individuals

The legal assistance provided to thousands of older persons each year has a clear and direct positive impact on their ability to stay independent in their homes and communities, with optimized choice and individual autonomy, for as long as possible. The following examples demonstrate the benefit of AoA’s legal services programs:

• A 73-year-old woman was contacted by a telemarketer and invited to join a discount buyers club. She told the company she was not interested. However, when her checks began bouncing, she contacted her bank and found that an electronic transfer to the buyers club had been made. Intervention by senior legal services led to a refund of all her money plus additional expenses.
• A legal provider assisted an elderly woman in obtaining her social security funds after they had been garnished from an account jointly held with her son. The son had a judgment against him and the creditor took action against the account. The elderly woman was a resident of a nursing facility and the non-payment of her bill might have caused her to be discharged.
• An elderly widow was being financially exploited. The legal provider was able to cancel legal instruments that had been forged by the abuser such as a financial power of attorney and deed to the house.
• An 80-year-old man found himself the proposed ward under a guardianship petition. He did not believe that he needed a guardian. The legal provider defended the elderly man against imposition of a guardianship by showing that the standards for granting a guardianship had not been met.
• An elderly couple was threatened with eviction. The legal provider’s attorney informed them of what was required under law to evict tenants. The couple was relieved to know that they did not have to move simply because the landlord told them to leave their residence.

You can find more information on legal assistance from your Area Agency on Aging.

(photo:http://www.flickr.com/photos/carinasama/371104747/)

Warning Signs Of Elder Abuse

The elderly are often reluctant to express incidents of elder abuse due to fear, their own level of shame or embarrassment, threats of retaliation, or fear of being removed from their living situation. It is important, therefore, for friends and family to be vigilant for the following signs of elder abuse.

• Physical Abuse  ‐  Slap marks, unexplained bruises, most pressure marks, and certain types of burns or blisters, such as cigarette burns

• Neglect ‐ Pressure ulcers, filth, lack of medical care, malnutrition or dehydration

• Emotional Abuse  ‐ Withdrawal from normal activities, unexplained changes in alertness, or other unusual behavioral changes

• Sexual Abuse  ‐  Bruises around the breasts or genital area and unexplained sexually transmitted diseases

• Financial Abuse/Exploitation  ‐  Sudden change in finances and accounts, altered wills and trusts, unusual bank withdrawals, checks written as “loans” or “gifts,” and loss of      property

What Can I Do to Prevent Elder Abuse?

• Report suspected mistreatment to your local adult protective services agency or law enforcement. Although a situation may have already been investigated, if you believe    circumstances are getting worse, continue to speak out.

• Keep in contact – Talk with your older friends, neighbors, and relatives. Maintaining communication will help decrease isolation, a risk factor for mistreatment. It will also give them a chance to talk about any problems they may be experiencing.

• Be aware of the possibility of abuse – Look around and take note of what may be happening with your older neighbors and acquaintances. Do they seem lately to be withdrawn, nervous, fearful, sad, or anxious, especially around certain people, when they have not seemed so in the past?

• Contact your local Area Agency on Aging office to identify local programs and sources of support, such as Meals on Wheels. These programs help elders to maintain health, well‐being, and independence – a good defense against abuse.

• Volunteer – There are many local opportunities to become involved in programs that provide assistance and support for seniors.

• World Elder Abuse Awareness Day  ‐ Elder abuse is a global issue. Contact your local aging services organizations to find out how your community will observe World Day. Help to  raise awareness by talking about the issue.

• Learn more about the issue  ‐  Visit the National Center on Elder Abuse website at www.ncea.aoa.gov.

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The Creation of Pre-Exisiting Conditions Insurance

In March of 2010, Congress passed and President Obama signed the Affordable Care Act – the new health insurance law.  The law creates a new program – the Pre-Existing Condition Insurance Plan – to make health insurance available to you if you have been denied coverage by private insurance companies because of a pre-existing condition.

The Pre-Existing Condition Insurance Plan (PCIP), which is administered by either your state or the U.S. Department of Health and Human Services, provides a health  coverage option if you have been without health coverage for at least six months, you have a pre-existing condition or have been denied health coverage because of your health condition, and are a U.S. citizen or reside here legally.

This program may be able to help you, if you’ve been locked out of the insurance market, until 2014.  In 2014, you will have access to affordable health insurance choices through a new competitive marketplace called an Exchange.  You can no longer be discriminated against based on a pre-existing condition.

Elements of the Program

The program:

• Covers a broad range of health benefits, including primary and specialty care, hospital care, and prescription drugs.  All covered benefits are available to you, even to treat a pre-existing condition.
• Doesn’t charge you a higher premium just because of your medical condition.
• Doesn’t base eligibility on income.

The U.S. Department of Health and Human Services, with the help of the U.S. Office of Personnel Management and the U.S. Department of Agriculture’s National Finance Center, runs the Pre-Existing Condition Insurance Plan in some states.  The federal government contracts with a national insurance plan to administer benefits in those states. Other states have requested that they run the program themselves.  The program may vary depending on what state you live in.

Program Requirements

There are a few requirements to meet before you can enroll in the Pre-Existing Condition Insurance Plan – regardless of whether your program is run by the U.S. Department of Health and Human Services or your state.  Applicants must:

• Be a citizen or national of the United States or reside here legally;
• Have been without health coverage for at least the last six months; and
• Have a pre-existing condition or have been denied coverage because of your health condition.

States may use different methods to determine whether you have a pre-existing condition and whether you have been denied insurance coverage.  If you live in a state that guarantees insurance coverage, the state may consider you to have been denied coverage if you were offered coverage at an unreasonable price or you have a medical condition.  So, you need to find out how to establish eligibility in your state

The Pre-Existing Condition Insurance Plan will cover a broad range of health benefits, including primary and specialty care, hospital care, and prescription drugs.  All covered benefits are available for you, even to treat a pre-existing condition.

Paying the Premiums

Premiums will vary depending on the state you live in, and what plan you choose.  (But as an example, if you live in a state where the U.S. Department of Health and Human Services provides coverage, the premium for an age 50 year old enrollee may range between $214 and $559, depending on state of residence and plan option.   Medical and drug deductibles vary by plan option.  For an estimated premium range for your state, go to that state on the website map below.)   

Read about the PCIP, eligibility, how to apply, and benefits; then use the PCIP Map to learn more about how PCIP works in your state.

If the Pre-Existing Condition Insurance Plan in your state is run by the U.S. Department of Health and Human Services, you may print and complete a paper application or apply online athttps://www.pcip.gov/Apply.html. You can also get a paper application or apply by calling 1-866-717-5826 (TTY 1-866-561-1604).

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Avoiding Investment  Fraud

Unfortunately, too many older adults fall victim to investment fraud. To protect yourself and  your loved ones, the U.S. Securities and Exchange Commission provides some sound advice on how to avoid investment fraud, warnings for fraud, and where you can go for assistance if you have been a victim of fraud.

What You Can Do to Avoid Investment Fraud

• Ask questions. Fraudsters are counting on you not to investigate before you invest. Fend them off by doing your own digging. It’s not enough to ask for more information or for references – fraudsters have no incentive to set you straight. Take the time to do your own independent research.
• Research before you invest. Unsolicited emails, message board postings, and company news releases should never be used as the sole basis for your investment decisions. Understand a company’s business and its products or services before investing. Look for the company’s financial statements on the SEC’s website, or contact your state securities regulator.
• Know the salesperson. Spend some time checking out the person touting the investment before you invest – even if you already know the person socially. Always find out whether the securities salespeople who contact you are licensed to sell securities in your state and whether they or their firms have had run-ins with regulators or other investors. You can check out the disciplinary history of brokers and advisers for free using the SEC’s and FINRA’s online databases. Your state securities regulator may have additional information.
• Be wary of unsolicited offers. Be especially careful if you receive an unsolicited pitch to invest in a company, or see it praised online, but can’t find current financial information about it from independent sources. It could be a “pump and dump” scheme. Be wary if someone recommends foreign or “off-shore” investments. If something goes wrong, it’s harder to find out what happened and to locate money sent abroad

Red flags for fraud and common persuasion tactics

How do successful, financially intelligent people fall prey to investment fraud? Researchers have found that investment fraudsters hit their targets with an array of persuasion techniques that are tailored to the victim’s psychological profile

• If it sounds too good to be true, it is. Watch for “phantom riches.” Compare promised yields with current returns on well-known stock indexes. Any investment opportunity that claims you’ll receive substantially more could be highly risky — and that means you might lose money.
• “Guaranteed returns” aren’t. Every investment carries some degree of risk, which is reflected in the rate of return you can expect to receive. If your money is perfectly safe, you’ll most likely get a low return. High returns entail high risks, possibly including a total loss on the investment. Most fraudsters spend a lot of time trying to convince investors that extremely high returns are “guaranteed” or “can’t miss.” They try to plant an image in your head of what your life will be like when you are rich. Don’t believe it.
• Beware the “halo” effect. Investors can be blinded by a “halo” effect when a con artist comes across as likeable or trustworthy. Credibility can be faked. Check out actual qualifications.
• “Everyone is buying it.” Watch out for pitches that stress how “everyone is investing in this, so you should, too.” Think about whether you are interested in the product. If a sales presentation focuses on how many others have bought the product, this could be a red flag.
• Pressure to send money RIGHT NOW. Scam artists often tell their victims that this is a once-in-a-lifetime offer and it will be gone tomorrow. But resist the pressure to invest quickly and take the time you need to investigate before sending money. If it is that good an opportunity, it will wait.
• Reciprocity. Fraudsters often try to lure investors through free investment seminars, figuring if they do a small favor for you, such as supplying a free lunch, you will do a big favor for them and invest in their product. There is never a reason to make a quick decision on an investment. If you attend a free lunch, take the material home and research both the investment and the individual selling it before you invest. Always make sure the product is right for you and that you understand what you are buying and all the associated fees.

Where can I go for help?

If you have a question or concern about an investment, or you think you have encountered one of these frauds, please contact the SEC, FINRA, or your state securities regulator to report the fraud and to get assistance.

U.S. Securities and Exchange Commission
Office of Investor Education and Advocacy
100 F Street, NE
Washington, DC 20549-0213
Telephone: (800) 732-0330
Fax: (202) 772-9295

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As one ages, there are numerous legal issues that must be addressed. An individual needs to consider a power of attorney, will, advance medical directive and other estate planning considerations. Fortunately. there are programs and services funded under the Older Americans Act (OAA) are designed to empower older persons to remain independent, healthy, and safe within their homes and communities, for as long as possible. Legal assistance and elder rights programs work in conjunction with other AoA programs and services to maximize the independence, autonomy and well-being of older persons.

Legal programs under Title III-B, Title IV, and Title VII of the OAA provide and enhance important protections for older persons:

Title III-B attorneys provide legal assistance nationwide on issues such as income security, health care, long-term care, nutrition, housing, utilities, protective services, defense of guardianship, abuse, neglect, and age discrimination. Legal assistance is targeted towards older individuals in social and economic need.

The National Legal Resource Center (NLRC) serves as a centralized access point for a national legal assistance support system serving professionals and advocates working in legal and aging services networks. These professionals can benefit from the case consultation, training, technical assistance, and other legal resources offered by the NLRC.

Model Approaches to Statewide Legal Assistance Systems (Model Approaches) is a discretionary grant program designed to help states develop and implement cost-effective, replicable approaches for integrating senior legal helplines into the broader tapestry of state legal service delivery networks. The cornerstone of these projects are legal helplines, which assist seniors in accessing quality legal services to ensure their rights and financial security, and to enhance their choice and independence.

Legal Assistance Developers (LADs) are responsible for developing and coordinating a state’s legal services and elder rights programs to ensure consistent service and quality results.

The Title III-B legal assistance network, the National Legal Resource Center, the  Model Approaches demonstration grants, and Legal Assistance Developers are programs designed to protect older persons from direct challenges to independence, choice, and financial security. These programs also help older individuals understand their rights, exercise options through informed decision-making and achieve optimal benefit from the support and opportunities promised by law.

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Center for Disease Control (CDC) Recommends Precautions for Seniors on Ready-to-Eat Meats

With the onset of summer, many elderly adults are enjoying the outside and the tradition of cookouts and picnics. For the elderly, however, there are certain risks in consuming certain foods commonly found at outdoor picnics. The CDC advises the elderly  that it’s important to know that ready-to-eat hot dogs, lunch meats, and cold cuts may not be safe to eat. These meats and other foods can be contaminated with the bacteria Listeria, which causes listeriosis. Listeriosis is a serious disease that primarily affects older adults, adults with weakened immune systems, pregnant women and newborns. Listeria is unlike many other germs because it can grow even in the cold temperature of the refrigerator.

Symptoms include fever and chills, headache, upset stomach and vomiting. Anyone can get the illness.

In the United States, approximately 1,600 people become seriously ill with listeriosis each year and 260 die from the disease. Healthy children and adults sometimes get infected with listeria, but they rarely become seriously ill.

The following groups have a higher risk of becoming ill with listeriosis

• Older adults
• Persons with weakened immune systems from transplants or certain diseases, therapies, or medications.
• Persons with cancer, diabetes, alcoholism, liver or kidney disease.
• Persons with AIDS: They are almost 300 times more likely to get listeriosis than people with normal immune systems.

Listeria is killed by pasteurization and cooking, but certain ready-to-eat foods, such as hot dogs and deli meats, can be contaminated after factory processing.

CDC recommends the following precautions for individuals in the high risk groups

• Do not eat hot dogs, luncheon meats, cold cuts, or other deli meats unless they are heated to an internal temperature of 165ºF or until steaming hot.
• Do not eat refrigerated pâté or meat spreads from a deli or meat counter or from the refrigerated section of a store.
• Do not eat soft cheese such as feta, queso blanco, queso fresco, brie, Camembert, blue-veined, or panela (queso panela) unless it is labeled as made with pasteurized milk.
• Do not eat refrigerated smoked seafood, unless it is contained in a cooked dish, such as a casserole, or unless it is a canned or shelf-stable product. Refrigerated smoked seafood, such as salmon, trout, whitefish, cod, tuna, and mackerel, is most often labeled as “nova-style,” “lox,” “kippered,” “smoked,” or “jerky.” Canned and shelf stable tuna, salmon, and other fish products are safe to eat.

The CDC stresses the importance of using precooked or ready-to-eat food as soon as you can. Do not store the product in the refrigerator beyond the use-by date. Follow USDA refrigerator storage time guidelines:

• Hot Dogs – store opened package no longer than 1 week and unopened package no longer than 2 weeks in the refrigerator.
• Luncheon and Deli Meat – store factory-sealed, unopened package no longer than 2 weeks. Store opened packages and meat sliced at a local deli no longer than 3 to 5 days in the refrigerator.

Listeriosis is a serious disease that can lead to death, even with prompt treatment. Death caused by listeriosis is particularly likely in older adults, people with weakened immune systems or other medical conditions, and fetuses and newborn babies. Take the necessary precautions to make certain that you and your loved ones do not get infected.

For additional information on foods to avoid and how to safely prepare and refrigerate food, visit:

http://www.cdc.gov/nczved/divisions/dfbmd/diseases/listeriosis/

http://www.foodsafety.gov

(The information on this page is based on information provided by the Centers for Disease Control and Prevention.)

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With the economy the way it has been the last several years, there have been an increasing number of retired citizens relying on credit cards to cover their monthly expenses.

This has increased the number of children who are left with credit card bills when their parents pass away. If you are contacted by a debt collector about your parent’s debt, make sure you understand your rights when dealing with a debt collector.

Know your rights

The good news is that you probably aren’t responsible for any unpaid debts of your deceased parents. One exception is if you are a joint account holder on an account. If you are a joint account holder, then you may be liable for that debt.

If you were not a joint account holder on the credit card account, then your parent’s estate may be responsible for the debt. It is important to know your rights, so that credit card companies or the collectors who they have sold debts off to, will not take advantage of you.

Figuring out if you owe a debt and dealing with debt collectors can be difficult. If you have been contacted by a debt collector in Minnesota, click here to contact a Minnesota consumer rights attorney. If you live in another state, click here to see a directory of consumer rights attorneys in your state.

Who gets paid

As reported by the New York Times, credit card companies often have to wait to receive their payments. This is because credit cards are unsecured debts. All debts that have collateral tied to the account, like mortgages and auto loans, will be paid first, often through the sale of the collateral. What’s left over after the payment of the secured debts is what will be available to cover the credit card debts.

If there isn’t enough money left to cover the debts, the remaining amount will be written off by the credit card company. How your parents set up their accounts, may determine if debts get paid.

Stephen Silverberg, former president of the National Academy of Elder Law Attorneys, has shared with the New York Times that P.O.D. (payable on death) and savings accounts set up “in trust” may be allocated toward the estate to pay off debts; IRA and other retirement accounts, on the other hand can’t be access by creditors to pay off debts.

John H. Langbein, author and Yale Law School professor of trust law, also shares that insurance typically is paid outside of a parent’s estate, making it untouchable by creditors.

What is the process

As outlined by the Credit CARD Act of 2009, credit card issuers must inform the executor of an estate in a timely manner about outstanding debt. The card issuers must also stop adding fees or penalties to the account when the estate is being settled.

According to Jean Setzfand, the director of financial security at AARP, the first step as the executor of your parent’s estate is to establish the ownership of the debts. “If there are no co-signers, really you want to distance yourself as much as possible from it,” Setzfand shared with the New York Times.

You can establish ownership by contacting the credit card companies and requesting a copy of the card and a statement. You can also be proactive and contact the creditors to cancel the accounts because the card holder has passed away. Be sure to state that you are working on settling the estate. This often will be a trigger for credit card companies to stop charging interest, decreasing the total amount that will be owed from your parent’s estate.

When you make a settlement with a credit card company, be sure to get a written record that the debt has been paid as agreed. This will prevent the company from selling any unpaid portion of the original debt to a collection agency or transferring it to another person’s name to try to collect additional funds. Again, if you have questions about the process, contact a local consumer rights attorney to help you finalize the process.

It is also recommended that you pay with money orders to settle the credit card debts. This will keep your bank account information private and decrease the chances that a company will try to violate the law and pursue you for any portion of the unpaid debt.

Daniela Baker is a social media advocate at the consumer credit card comparison website CreditDonkey.  She is a mother of two and hopes her insights into credit card debt will help family members when settling estates.

(Photo: http://www.flickr.com/photos/scobleizer/5451685974)

Many elder individuals are often on very tight budgets because of high medical costs, fixed pensions, and a limited income stream. As a result, seniors and the elderly are often targeted by scammers.

Debt collectors are usually not scammers, but they can difficult to deal with. Here are some things to look out for.

You have the right to be treated with dignity

Federal law provides all consumers with a set of rights against debt collectors—the Fair Debt Collection Practices Act. Generally, a debt collector cannot threaten you, cannot lie to you, and cannot harass or abuse you. They also cannot call you at a time they know is inconvenient to you and they cannot call you an excessively over the course of a day.

If you are contacted by a debt collector and think a debt collector has violated any of these rights, you should contact a consumer rights attorney. If you live in Minnesota, you can contact me. If you live in any other state, you can find a listing of consumer rights attorneys here.

Calling about another family member?

Many times, debt collectors will call family members other than the person that actually owes the debt. If you receive a call asking about a family member, pay close attention to what the debt collector says. If a debt collector is calling about someone else, they can only call you once, and they can only ask and reveal certain information.

Notably, they cannot tell you your family member owes a debt. They cannot tell you that they are a debt collector. They should not ask you to pay for another family member’s debt.

Again, if you have been contacted by a debt collector and think they have violated your rights, you should contact a consumer rights attorney. If you live in Minnesota, you can contact me. If you live in any other state, you can find a listing of consumer rights attorneys here.

(photo: http://www.flickr.com/photos/uncut/17446765/)

This is the third in a series of posts addresing the use of vitamin supplements.

The first post, Do Older Adults Really Need Vitamins?, discussed the various vitamins, how your body uses them, and some consequences of not having an adequate amount of a given vitamin.

Or second post, What Seniors Should Consider Before Taking Vitamins, outlined some of the risks in taking vitamin supplements and provided a series of questions you should consider before taking vitamins.

Who Monitors Safety of Vitamins?

Surprisingly, vitamin supplements are regulated as food rather than as a drug. Thus, vitamin supplements are regulated through the FDA under a standard that is less strict than if they were regulated as a drug. And unlike drugs, research studies in people to prove a supplement’s safety are not required before the supplement is marketed.

Vitamin supplement manufacturers do not have to provide evidence that a supplement is effective, nor do they have to provide evidence of the quality of a supplement. At this time, supplement manufacturers must meet the requirements of the FDA’s Good Manufacturing Practices (GMPs) for foods. GMPs describe conditions under which products must be prepared, packed, and stored. Food GMPs do not always cover all issues of supplement quality. Some manufacturers voluntarily follow the FDA’s GMPs for drugs, which are stricter

Who Regulates Vitamin Advertising?

The Federal Government regulates supplement advertising, through the Federal Trade Commission (FTC). The FTC requires that all information about supplements be truthful and not mislead consumers. In December 1998, the FTC issued “Dietary Supplements: An Advertising Guide for Industry,” a detailed document to clarify the need for substantiation. To determine whether an ad complies with FTC law, the first step is to identify all express and implied claims that the ad conveys to consumers.

Once the claims are identified, the scientific evidence can be assessed to determine whether they are adequately supported. Advertisers must make sure that whatever they say expressly is accurate. Often, however, an ad conveys other claims beyond those expressly stated. Advertisers cannot suggest claims that they could not make directly. When identifying claims, advertisers should consider the ad as a whole, assessing the “net impression” conveyed by all elements of the ad, including the text, product name, and depictions.

If an ad claims, for example that studies show that a vitamin supplement can improve night vision, the advertiser should have studies available to substantiate the claim. Similarly, if a vitamin supplement advertisement claims that 95% of family physicians take the product, then the advertiser should demonstrate support for the percentage of physicians that regularly take the product.

Vitamin supplement advertisements must also consider statements about a product’s effect on a normal “structure or function” of the body even if the ad makes no expressed statement about a disease. Thus, for example, if an ad shows someone walking very slowly and with a limp then following the consumption of the product that individual is running down the street the manufacturer should be able to substantiate an implied claim that their product dramatically improves one’s mobility.

Generally, the FTC requires claims about the efficacy or safety of dietary supplements to be supported with “competent and reliable scientific evidence.” Anecdotal evidence about the individual experience of consumers is not sufficient to substantiate claims. Whenever an expert or consumer endorser is used, the advertiser should disclose any material connection between the endorser and the advertiser of the product that the consumers would not reasonably expect.

An advertisement can also be deceptive because of what it fails to say. For example, if an herbal weight loss product contains an ingredient that, when regularly consumed can result in a significant increase in blood pressure, the advertiser should disclose this potentially serious risk.

If you believe your health has been compromised by a vitamin supplement, you can contact the FDA directly by reporting the problem on the MedWatch On-Line Voluntary Reporting Form.

(photo: http://www.flickr.com/photos/tampabayinformer/4474496296/)

We all wish we could find readily available and easy cures for the variety of psychological or physical ailments that confront us as we age. Sometimes, such wishes can come true. An aching back can often improve with appropriate exercises, or mild depression can improve with greater social interactions, diet, and support groups.

But sometimes we are confronted with issues that cannot be remedied with relatively simple and inexpensive actions. Cancers, heart problems, diabetes, and arthritis require the care of medical experts and the involvement of various pharmaceuticals or medical procedures to effectively address the malady.

Unfortunately, elderly adults are often confronted with sales gimmicks, advertisements, telephone solicitations, or mailings that promote products that have no value in treating a physical or psychological problem and can, at times, actually be harmful to the individual.

How you can protect yourself from health scams

Be wary. Question what you see or hear in ads or on the Internet. Newspapers, magazines, radio, and TV stations do not always check to make sure the claims in their ads are true. Find out about a product before you buy. Don’t let a salesperson talk you into making a snap decision. Check with your health care provider first.

Remember the old stories about old snake oil salesman who traveled from town to town making wild claims for his fabulous product? Well, chances are that today’s scam artists are using the same sales tricks. Look for red flags in ads or promotional material that:

• Promise a quick or painless cure
• Claim the product is made from a special, secret, or ancient formula
• Offer products and services only by mail or from one company
• Use statements or unproven case histories from so-called satisfied patients
• Claim to be a cure for a wide range of ailments
• Claim to cure a disease (such as arthritis or Alzheimer’s disease) that hasn’t been cured by medical science
• Promise a no-risk, money-back guarantee
• Offer an additional “free” gift or a larger amount of the product as a “special promotion”
• Require advance payment and claim there is a limited supply of the product

Two Federal government agencies work to protect you from health scams. The Federal Trade Commission can help you spot fraud. The Food and Drug Administration protects the public by assuring the safety of prescription drugs, biological products, medical devices, food, cosmetics, and radiation-emitting products. If you have questions about a product, talk to your doctor. Getting the facts about health care products can help protect you from health scams.

For More Information Click Here

(photo: http://www.flickr.com/photos/raster/3070330573/)

We all wish we could find readily available and easy cures for the variety of psychological or physical ailments that confront us as we age. Sometimes, such wishes can come true.

An aching back can often improve with appropriate exercises, or mild depression can improve with greater social interactions, diet, and support groups.  But sometimes we are confronted with issues that cannot be remedied with relatively simple and inexpensive actions. Cancers, heart problems, diabetes, and arthritis require the care of medical experts and the involvement of various pharmaceuticals or medical procedures to effectively address the malady.

Unfortunately, elderly adults are often confronted with sales gimmicks, advertisements, telephone solicitations, or mailings that promote products that have no value in treating a physical or psychological problem and can, at times, actually be harmful to the individual.

How You Can Protect Yourself From Health Scams

Be wary. Question what you see or hear in ads or on the Internet. Newspapers, magazines, radio, and TV stations do not always check to make sure the claims in their ads are true. Find out about a product before you buy. Don’t let a salesperson talk you into making a snap decision. Check with your health care provider first.

Remember the old stories about old snake oil salesman who traveled from town to town making wild claims for his fabulous product? Well, chances are that today’s scam artists are using the same sales tricks. Look for red flags in ads or promotional material that:

• Promise a quick or painless cure
• Claim the product is made from a special, secret, or ancient formula
• Offer products and services only by mail or from one company
• Use statements or unproven case histories from so-called satisfied patients
• Claim to be a cure for a wide range of ailments
• Claim to cure a disease (such as arthritis or Alzheimer’s disease) that hasn’t been cured by medical science
• Promise a no-risk, money-back guarantee
• Offer an additional “free” gift or a larger amount of the product as a “special promotion”
• Require advance payment and claim there is a limited supply of the product

Two Federal government agencies work to protect you from health scams. The Federal Trade Commission can help you spot fraud. The Food and Drug Administration protects the public by assuring the safety of prescription drugs, biological products, medical devices, food, cosmetics, and radiation-emitting products. If you have questions about a product, talk to your doctor. Getting the facts about health care products can help protect you from health scams.

For More Information Click Here

(photo: http://www.flickr.com/photos/raster/3070330573/sizes/m/in/photostream/)

The transition to a nursing home can be difficult for both residents and their families. Instead of being in charge of their own home, residents have to become accustomed to regular visits from staff.

At many facilities, because of staff rotations and employee turnover, residents rarely deal with the same person twice. The person who brings their medications Monday morning might not be seen again until the next week.

Recent studies, however, show that having interactions with the same staff members are beneficial in many ways.

Practice makes perfect

When you get a cold, most people go see their regular doctor. If your regular doctor is out that day, most people will still go see whoever is working. That experience, however, is usually different from usual doctor; you probably prefer your regular doctor because you have an established relationship with them. If you are usually chipper and you are down in the dumps, your regular doctor will notice that; the substitute may not pick up on that.

The same is true with residents in nursing homes and the staff. Studies show that regular staff are more likely to notice subtle changes that are an indication of a larger problem. For example, when a normally outgoing resident is more reserved than usual.

In nursing homes, noticing those minor changes is even more important. Many nursing home residents become withdrawn as a result of their living situation and become less verbal about their feelings. Getting to know their daily demeanor and daily habits can help staff identify when something is amiss.

Families need to push for regular staff

Families asking for consistent staff is not a guarantee that a nursing home will assign the same staff, but it certainly helps. Many staff would prefer to work with the same residents on a regular basis—when you ask, they will usually relay that information to management.

Although reform efforts are underway to require nursing homes to rotate a set number of staff, hearing those request directly from family members also help put pressure on facilities to reform their policies.

(photo: http://www.flickr.com/photos/robwallace/581201874)

Guardianship is defined by state law whereby a court assigns to the guardian the duty and power to make personal and/or property decisions for another another individual.

Adult guardianships, which often involve incapacitated or frail elderly adults, have increasingly become more complex due to jurisdictional issues.

Potential problems

Consider the circumstance where an elderly adult owns property in more than one state, or the circumstance where an incapacitated adult needs to be moved from one state to another for medical or financial reasons. What state has jurisdiction? Judges, guardians, and lawyers must address issues as to which state should have initial jurisdiction, how to transfer a guardianship to another state, or whether a guardianship in one state will be recognized in another.

These issues can consume considerable time to be reconciled by lawyers and the courts and place financial and emotional burdens on family members or, in some circumstances, delay medical treatment for incapacitated individuals.

The solution: the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act

To address these challenging problems, the Uniform Law Commission in 2007 approved the Uniform Adult Guardianship and Protective  Proceedings Jurisdiction Act (UAGPPJA). The UAGPPJA seeks to clarify jurisdiction and provide a procedural roadmap for addressing dilemmas where more than one state is involved, and to enhance communication between courts in different states.

The Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act (UAGPPJA) received its final approval at the National Conference of Commissioners for Uniform State Laws’ (NCCUSL) 2007 annual meeting. The UAGPPJA deals primarily with jurisdictional, transfer and enforcement issues relating to adult guardianships and protective proceedings.

What the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act does

•Provides procedures to resolve interstate jurisdiction controversies. The UAGPPJA creates a process for determining which state will have jurisdiction to appoint a guardian or conservator if there is a conflict by designating that the individual’s “home state” has primary jurisdiction, followed by a state in which the individual has a “significant-connection.” Under certain prescribed circumstances, another state may be chosen if it is the more appropriate forum.

• Facilitates transfers of guardianship cases among jurisdictions. The UAGPPJA specifies a procedure for transferring a guardianship or conservatorship to another state and for accepting a transfer, helping to reduce expenses and save time while protecting persons and their property from potential abuse.

• Provides for recognition and enforcement of a guardianship or protective proceeding order. The UAGPPJA helps to facilitate enforcement of guardianship and protective orders in other states by authorizing a guardian or conservator to register these orders in other states.

• Facilitates communication and cooperation between Courts of different jurisdictions. Permits communication between courts and parties of other states, records of the communications, and jurisdiction to respond to requests for assistance from courts in other states.

• Addresses emergency situations and other special cases. A court in the state where the individual is physically present can appoint a guardian in the case of an emergency. Also, if the individual has real or tangible property located in a certain state, the court in that jurisdiction can appoint a conservator for the property located there.

• Authorized guardians to exercise the powers authorized in the order and addresses international orders. UNIFORMITY This Act will provide uniformity and reduce conflicts among the states.

The UAGPPJA will also help save time for those who are serving as guardians and conservators, allowing them to make important decisions for their loved ones as quickly as possible. Every state should act quickly to adopt the Uniform Adult Guardianship and Protective Proceeding Act.

If you would like to support this act in your state, please click here to view a fact sheet presented by the Alzheimer’s association.

(photo: http://www.flickr.com/photos/crobj/4312159033)

http://www.flickr.com/photos/spike55151/17339373

Elder abuse might be one of the most under-publicized problems in your community, but it is likely still a major problem. Despite the fact that many facilities are top-notch and Congress has even provided all nursing home residents with statutory rights under the Nursing Home Reform Act, under-reporting is a major issue.

Given the oncoming “silver tsunami,” at least one community is dedicating itself to emphasizing discovering and investigating crimes against the elderly.

Crimes against the elderly

The City of St. Paul, Minnesota, now has a crimes against the elderly unit. The unit was formed after the police noticed an increase in crimes against elderly—a 14% increase between 2007 and 2008. In addition, given that the state’s elder population will double by 2030, this type of crime will only increase.

Dedicated investigators

St. Paul now has at least one full-time officer dedicated to investigating crimes against the elderly. The investigators note that these types of crimes are very particular and require a somewhat different set of skills to effectively handle.

An important and difficult job

One of the biggest problems is finding victims. Many victims are fearful to come forward because the abuse is at the hands of a caregiver or loved one. If they report them, they may risk being sent to a nursing home. Among nursing home residents, many are isolated are even unable to communicate the abuse they suffer. A recent GAO report found that many court-appointed guardians were also guilty of abuse.

In addition, some victims suffer from memory lapses, or have difficult relaying what actually occurred. All the more reason that experienced investigators can hopefully spot cases faster and help curb the rising tide of elder abuse.

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The Government Accountability Office (GAO) has recently released a report on a select examination of financial exploitation, neglect, and abuse of seniors. When an adult is found to be incompetent, a court may appoint a guardian of the estate who makes financial decisions for the incapacitated individual. The GAO sought to examine if alleged abuse of guardians is widespread, and to test state guardian certification processes. To determine if guardian abuse is widespread, the GAO interviewed advocates for seniors as well as court documents.

Guardian Abuse

The GAO found hundreds of cases of reported abuse by guardians from 1990 to 2010, the GAO concluded that their findings should not be interpreted as evidence that guardianship abuse is actually occurring on a widespread basis. Most of the allegations they identified involved financial exploitation and misappropriation of assets. Abuse allegations were directed at guardians taking advantage of wards by engaging in schemes that financially benefited the guardian but are financially detrimental to the ward under their care. Also, the allegations underscore that the victim’s family members often lose their inheritance or are excluded by the guardian from decisions affecting their relative’s care.

Guardian Certificaton

In a test of guardian certification processes, the GAO obtained guardianship certification from New York and North Carolina and met guardianship certification requirements for Illinois and Nevada using fictitious applicants. One of their fictitious applicants had a credit report that showed $30,000 in outstanding debt, and a repossessed car. None of the certification organizations in their tests checked the applicants credit history. Another applicant used a dead person’s Social Security number. Again, the state’s certification discovered the use of the deceased Social Security number.

Read Complete Report Here

A recent study conducted at the University of Michigan Law School reports an increase in the filing of bankruptcy by older Americans, which stems from credit card use.

According to the study, older debtors cite the interest and fees on credit cards as one of the major reasons for filing.

Increased credit card usage

It is also evident that older Americans report credit card fees and interest lead to bankruptcy than do younger adults. One possible explanation for the rise in bankruptcy among the elderly is their tendency to have more credit cards, to be somewhat hesitant in taking an assertive role in negotiating with creditors, and the elderly are more uncomfortable in seeking financial assistance from friends, and family.

The elderly are just as concerned than younger adults, however, in about the perception that others may hold of them if they were to express their financial condition.

Future Solutions

The authors of the study view the elderly as being more likely to file for bankruptcy as they have fewer financial resources than younger adults and they have fewer friends and family they can seek out for financial assistance.

Furthermore, the findings of the comparatively worse financial circumstances of elder debtors imply a two-pronged attack hitting elder Americans who fall into severe financial distress: first, they have fewer economic resources to weather these downturns, having lower (and presumably more fixed) incomes than their younger peers; and second, they have a diminished financial support network to turn to for help in times of need, having fewer family and friends that they can ask for assistance.

Many elder debtors cite medical reasons for bankruptcy leading to the possibility they are using various credit cards to pay for medical expenses. Unfortunately, the stress of bankruptcy can often increase an existing physical or psychological health issue. For the elderly, getting out of bankruptcy can be a difficult task. Those on fixed incomes have reduced economic resources, and their opportunities for employment are limited.

The authors of the study suggest solutions for the elderly who are in bankruptcy may be found in having the Bankruptcy Code target financial problems by the elderly by relaxing the restrictions on discharging credit card debt or to offer age-specific relief similar to what some governmental units do with tax rates.

(photo: http://www.flickr.com/photos/jtyerse/3954240271)

Elderly adults are often targeted by telemarketers who view them as easy targets of their various schemes. Unfortunately, far too many of the elderly are victims of these scams by providing credit card information, social security numbers, or other information which often lead to identify theft, the  loss of money, or the acquisition of defective products. Listed below are some suggestions from the FBI is dealing with telemarketers.

Advice from the FBI to Avoid Telemarketing Fraud:

The FBI offers the following suggestions in preventing telemarketing fraud among elderly adults.

• Don’t buy from an unfamiliar company. Legitimate businesses understand that you want more information about their company and are happy to comply.
• Always ask for and wait until you receive written material about any offer or charity. If you get brochures about costly investments, ask someone whose financial advice you trust to review them. But, unfortunately, beware — not everything written down is true.
• Always check out unfamiliar companies with your local consumer protection agency, Better Business Bureau, state Attorney General, the National Fraud Information Center, or other watchdog groups. Unfortunately, not all bad businesses can be identified through these organizations.
• Obtain a salesperson’s name, business identity, telephone number, street address, mailing address, and business license number before you transact business. Some con artists give out false names, telephone numbers, addresses, and business license numbers. Verify the accuracy of these items.
• Before you give money to a charity or make an investment, find out what percentage of the money is paid in commissions and what percentage actually goes to the charity or investment.
• Before you send money, ask yourself a simple question. “What guarantee do I really have that this solicitor will use my money in the manner we agreed upon?”

You must not be asked to pay in advance for services. Pay services only after they are delivered.
• Some con artists will send a messenger to your home to pick up money, claiming it is part of their service to you. In reality, they are taking your money without leaving any trace of who they are or where they can be reached.
• Always take your time making a decision. Legitimate companies won’t pressure you to make a snap decision.
Don’t pay for a “free prize.” If a caller tells you the payment is for taxes, he or she is violating federal law.
• Before you receive your next sales pitch, decide what your limits are — the kinds of financial information you will and won’t give out on the telephone.
• It’s never rude to wait and think about an offer. Be sure to talk over big investments offered by telephone salespeople with a trusted friend, family member, or financial advisor.
• Never respond to an offer you don’t understand thoroughly.
• Never send money or give out personal information such as credit card numbers and expiration dates, bank account numbers, dates of birth, or social security numbers to unfamiliar companies or unknown persons.
• Your personal information is often brokered to telemarketers through third parties.
• If you have been victimized once, be wary of persons who call offering to help you recover your losses for a fee paid in advance.

If you have information about a fraud report it to state, local, or federal law enforcement agencies.

photo: www.flickr.com/photos/h_is_for_home/3858850863/