Senate special aging committee. This is an hour and a half. Good afternoon. It is my great pleasure to call to order the very first hearing of the Senate Special committee on aging. In the 114th congress i have had the honor of being a member of this committee since my very first days in the United States senate and i am delighted to now assume the chairmanship. This is the first time that a maine senator has chaired the committee since the mid1990s when my predecessor and good friend senator bill cohen for whom i worked for 12 years served as the committees chair. Im also pleased to welcome new and returning members to this committee and onto about delighted that my good friend and colleague senator Claire Mccaskill of missouri will service the committees Ranking Member. Senator bill nelson, the former committee chairman, has also chosen to remain a member of this committee and he will continue to share his expertise with us. Throughout its history, the aging committee has spurred congress to take action on issues important to Older Americans through our hearings investigations and reports. And it has done so in a bipartisan manner. I will continue that fine tradition, working closely with senator mccaskill and all of our members. This year the committee will focus on three major issues retirement security, Biomedical Research investment for diseases like alzheimers and diabetes that disproportionately affect our seniors and financial schemes and other scams targeting Older Americans. Today we will examine financial exploitation that harms far too many of our nations most vulnerable seniors. This committee has brought to light many schemes that have defrauded seniors out of their hardearned Retirement Savings. It is deeply troubling when a senior falls victim to one of these schemes but even more egregious is when the perpetrator is a Family Member a caregiver or a trusted financial advisor. Financial exploitation of Older Americans is a growing epidemic that cost seniors an estimated twopoint 9 billion in 2010 according to the gao. In maine a long there are 14,000 new reports each year of senior abuse which includes financial exploitation and in as many as 90 of financial cases the seniors victimized by someone he or she knows well. Many of these cases the victim is too ashamed to report financial exploitation particularly when it involves a Family Member. As a consequence the true incidence of this kind of abuse is not known. Identifying victims of financial exploitation in my state is particularly difficult because we take a lot of pride in our selfsufficiency. Its difficult for many seniors to ask for help. In addition since victims who have had their assets stolen by Family Members typically do not want their relatives to be criminally prosecuted, the stolen money is rarely recovered. Combating Financial Abuse of seniors is primarily the responsibility of state and local agencies, particularly Adult Protective Services agencies. Prevention and response to cases of abuse require coordinated efforts including state and local agencies, Law Enforcement, the social work and medical communities and Financial Institutions. The federal government also plays an Important Role in providing leadership to combat this problem. The Elder Justice Coordinating Council led by the department of health and Human Services has brought together 12 federal agencies to coordinate efforts to protect older individuals from abuse including financial exploitation. I also want to acknowledge the Critical Role played by state regulatory agencies and i am particularly pleased to welcome to our hearing judith shaw who served as securities administrator for the state of maine. Maine im happy to say is on the cuttingedge of helping to combat through programs like the innovative Senior Safe Program which is the first of its kind in the nation. I wont preempt her testimony by describing it but i think it provides a model for many states. Financial exploitation knows no socioeconomic boundaries. Victims range from seniors who have very modest financial means to those who have amassed great wealth. For example the daughter of the maine senior sold her mothers home and moved her into a camper into her backyard. As if that were not bad enough that daughter and her boyfriend went on to to please her mothers lifesaving life savings over the course of two years leaving her pending those as well as homeless. While individuals of limited means are particularly vulnerable even the wealthiest the most fortunate americans are not immune from financial exploitation. Today we will also hear from Philip Marshall who is the grandson of a wellknown philanthropist and socialite, brooke astor who summered in maine for decades and was so generous to our state. He will testify about how his father mistreated his mother and mismanaged her assets while she suffered from alzheimers. To be clear there are many instances in which it is vital for a senior to have the assistance of a Family Member, friend or other trusted advisor to help manage his or her finances wisely and prudently particularly if that senior becomes ill or loses cognitive ability. This is another factor that makes this issue so troubling and so complicated. I look forward to hearing from all of our witnesses today. We have a great panel about the efforts that are underway to address Financial Abuse of full marble seniors. I do want to also apologize to our panel that we are going to have a vote at 2 45. We will try to keep it going. Whoevers here will take over the gavel. Thats how trusting and bipartisan we are and we will try to make the interruptions as brief as possible. Senator mccaskill. Thank you senator collins. A year ago if i had been approached in the hallway by one of those pesky people with a microphone and i were asked if the democrats were to lose control of the senate and you were to take over as the Ranking Member of the very First Committee you could ever serve on as a Ranking Member who would you pick for your chairman . I would have said without hesitation my friend, my mentor and my role model susan collins. She has been an example to me from the day that i arrived of courage and independence when it is called upon and of working across the aisle. I have watched her with senator lieberman and the Homeland Security committee when she was the Ranking Member showed determination and toughness when she needed to but always willing to listen and cooperate when it was essential so im very proud to serve under chairman collins and i think we will have a terrific and productive committee looking at a very important issue in our country. The senior Senior Financial Exploitation is not new to any of us. As a prosecutor in kansas city i saw firsthand both horrific and heartbreaking instances of elder abuse physical emotional and yes financial. Roughly one in five seniors will be a target of some form of financial exploitation to the tune of billions of dollars in losses each year. This hearing will focus on those cases with an additional conflicting factor. When the perpetrator is a Family Member, a trusted caretaker or a close friend or advisor. The numbers here dont really tell the story and thankfully we have several witnesses who can share firsthand the horrible excesses of this type of the abuse. Perpetrators are constantly developing new ways to gain access to our seniors life savings and focus upon a generation thats typically has been more trusting or with less willing to subreport. The victim is a Family Member however these become some of the most complex cases around. Often a Family Member is legally appointed as the guardian of assets. A victim of those around him a suspect what is happening but feel more powerless or ashamed to report. Often the victim will struggle with filing charges against a child or Family Member. Prosecution involves not only criminal action but civil action to potentially regain assets. Today i want to reiterate that we cannot shy away from holding these perpetrators accountable for their actions. The abuse and fraud perpetrated upon her seniors is unconscionable. Its a fairly recent come on and that we have to start started discussing these cases because for too long they were dismissed as Family Members. Today we will hear from page ulrey a seattle prosecutor specializes in elder abuse criminal cases and she will talk about a few of her college she has in this arena. Only a handful of offices in this country have an office like the one she works in king county washington and that is troubling. Financial exploitation cases involving the elderly are difficult to prosecute her we need competent and trained professionals at every level from the detectives and Mental Health professionals forensic accountants and of course trained investigators and prosecutors. Ms. Ulrey will share how shes trying to train people in your area and around the country. Last year she came to missouri to help develop ways to protect seniors in my state who suffer from Cognitive Impairments from the coming becoming victims of financial fraud. I must adjust the desperate need for increased cooperation at the federal state and local level and let me reiterate that because then she is the king county prosecutor i am sure she has her own stories to tell about the stems and about fights. Take it to the city prosecutor. Take it to the county prosecutor. Im not going to take this case its too complex to get to the u. S. Attorney. We must address this cooperation cooperation. There are those who say this is a state issue. Yes, it is but it is bigger than just a state issue. There is much the federal government can do better to assist in local prosecution of these cases. Jail cases. Gao founded in 2012 review this issue seven different federal agencies were working to solve this problem that were consistent with their own issues but not necessarily supportive of one another for the overall goal. Since that time these agencies have in fact begun to Work Together and i want to highlight the work of one of them on hand today. It Consumer FinancialProtection Bureau providing guidance for Family Members and caregivers on how to respond to someone elses finances. My colleague senator warren is personally aware of the efforts of the cfpb in this area. They are still so much more we could be doing and are not. Reality is we dont have data of the scope of the problem. We dont know many cases are reported to adult Production Services nor do we know how many adult elderly cases are criminally prosecuted. I hope our witnesses can help us to examine how we have become more creative and assertive but firmly within our role in the federal government. I look forward to speaking with their witnesses about how we can start to eliminate aging discrimination and bias in our attitudes towards prosecution of these cases. Too often they are dismissed because they are difficult to prove easier to address as a civil matter or too complex especially when youre dealing with the mental capacity of the victim. My home state of missouri passed a law strengthening the definition of financial exploitation of seniors. I continue and tend to do everything to contain just for that effort. Thank you the chairman are witnesses for taking the time to be your day and i look forward to hearing your testimony. Thank you very much senator and thank you for your generous comments. I want to welcome to the committee a new member of the senate. We are very happy to have you join us on the committee and welcome back to the committee this year senator warren of massachusetts. We are going to turn to our panel next in the interest of time. First we will be hearing from Philip Marshall who is a professor at Roger Williams university in rhode island. He will be speaking today as a Family Member of someone brooke astor who i mentioned in my Opening Statement and we very much appreciate your willingness to come forward and share what i am sure is a deeply personal story. Next well hear from judith shaw who serves as the securities administrator in maine and is president elect of the north American SecuritiesAdministrators Association and International Organization devoted to investor protection. We will then hear from cap linklaen executive director of national Adult Protective Services association and finally last but certainly not least we will hear from page ulrey the Senior Deputy prosecutor in king county washington as senator mccaskill as already explained. Mr. Marshall thank you for being here. Chairman Collins Franky membership haskell distinguished Committee Members thank you for inviting me to testify today. Im so grateful for your leadership and action on issues of injustice. My name is Philip Marshall. Im a professor of rhode island and a resident of massachusetts and im also the grandson of new york philanthropist brooke astor victim of elder abuse by her son son, my father. As president of the Vincent Astor foundation my grandmother advance its mission by giving millions of dollars to social and cultural causes. In 1998 president bill clinton afforded her the president ial medal of freedom. Well into her 90s she was at center stage as new yorks first lady and a humanist aristocrat with a generous heart. By 2000 when she was 100 she disappeared from the limelight. She didnt return until july july 2006 when my guardianship petition which i filed to protect my grandmother against my father was discovered by the press. Front page headlines displayed disaster from mrs. Astor. My grandmother would never want to be known as one of americas most famous cases of elder abuse nor did she. In the throes of dementia to choose to be victimized to be deprived to manipulated and robbed all as part of a calculated scheme to defraud us later characterized by the Manhattan District Attorney at the sad circumstances surrounding my grandmother had informed a timeless cause in elder justice. This may be your greatest most lasting legacy. In my petition i stated my father with reference to his mother has turned a blind eye to her. Intentionally and repeatedly ignoring her health, safety personal and household needs while enriching himself with millions of dollars. After three months and battle a settlement was reached with permanent guardianship awarded. My grandmother spent her final days in the Country House with care comfort and free from fear. A criminal investigation was launched by the manhattan d. A. When a possible forgery was referred to as elder abuse. In 2009 after six months criminal trial my father was found guilty on 15 of 13 or 14 counts against him all but one held up on appeal. This was a bittersweet harvest yet this harvest has so nursed the cause of elder justice. Later charities were awarded tens of millions of dollars that my father decided to direct it himself. Because my grandmother now rest in peace i could resume my life as before but i realized to be complacent about elder justice is to be complicit in elder abuse. Since 2010 i launch my own journey for elder at justice beyond birth. Border to border coasttocoast facetoface with elder justice practitioners. I think thank them for doing so much for so many with so little. With help by successfully detected abuse and helps my grandmother. Many elders lacked vigilant oversight and remain helpless and hopeless. Here are all those providing services to Older Persons under federal programs should be screened and trained on elder abuse detection and resources for a response. In addition of bill protective Services Needs federal funding and support to respond adequately to increasing numbers of cases of elder abuse. While my grandmother galvanize a collective and coordinated response to some elders are revictimized by a fragmented system. Here much greater Financial Support an expansion a multidisciplinary teams would be so helpful. While my grandmother lived in a jurisdiction with an elected d. A. Who cared and how it in elder abuse unit most people dont. Others need to have Law Enforcement and prosecutors who are trained in elder abuse and will respond two and prosecute these cases. While my grandmothers stolen assets were proclaimed many others never reclaim their money or their lives. Enhance detection mandatory reporting and greater reporting of suspicious activities will still help