Editor’s Note: This is the second in a series of articles by Michael Hackard, Esq., that are excerpts from his book, The Wolf At The Door: Undue Influence And Elder Financial Abuse.
As the United States ages and more baby boomers reach senior status each year, the problem of elder financial abuse is destined to only get worse over the next 10 to 15 years. According to the National Institutes of Health, by 2030 there will be 61 million people in the United States between the ages of 66 and 84, nine million of whom will be 84. If you think elder financial abuse is a problem now, just wait.
The previous chapter highlighted some of the textbook ways elder financial abuse occurs, but you should know that every situation is different. Being wealthy in old age would seem to offer some protection against abuse, as those with financial resources can hire qualified professionals, but, ironically, this is not necessarily the case. Rich or poor, competent or feeble, healthy or bedridden, all elders are susceptible to financial abuse, as the following true stories illustrate.
Police Misconduct
In June 2015, a Portsmouth, New Hampshire, police sergeant named Aaron Goodwin was fired as a result of an official inquiry into an elder financial abuse situation. Goodwin made news headlines for several months after he managed to inherit $2.7 million in property and funds from the late Geraldine Webber, who died in December 2012 94.
Goodwin wasn’t a relative of Webber’s; rather, he “befriended” her in 2010, during a routine house call. The elderly Web-ber, who had previously been diagnosed with dementia, told numerous witnesses she was “in love” with Goodwin and wanted to leave him everything she owned. Rather than remove himself from the situation, however, Goodwin continued to visit Webber frequently, even taking her on trips to casinos. He then facilitated her wish to change her will, soliciting various lawyers until he found one who would agree to shift $2.7 million in estate assets pledged to the city police and fire departments as well as designated charities over to himself. In the context of the case, Webber’s behavior waves the red flags of undue influence, a common method of elder financial abuse.
With Webber’s passing, her estate became locked in probate litigation, and Goodwin’s claims as the beneficiary came under serious scrutiny. Among other details, John Connors, a whistle-blower and 42-year veteran of the Portsmouth Police Department’s auxiliary unit, spoke out against what he saw as a clear abuse of authority. But no one wanted to listen.
When his wealthy elderly neighbor Webber, already in her 90s, began receiving frequent visits from his fellow officer Aaron Goodwin in 2010, Connors sensed something was amiss. His cause for concern was genuine; two weeks after she met Goodwin, Webber told Connors that the younger police officer had fallen in love with her and would soon leave his wife and children to move in with her, and that she would “give him everything.”
By that time it was clear that Webber’s diagnosed dementia was manifesting, but what was Goodwin’s role? Did he encourage such a delusion through undue influence? The motive for manipulation was simple—Webber bragged that she was rich, even showing her neighbor $30,000–$40,000 in hundred-dollar bills hidden in a silverware drawer. Indeed, Webber’s estate turned out to be worth $2.7 million, and Sgt. Goodwin continued to visit the senior citizen practically every day while on duty. In his off time, he also took Webber on trips to bars and casinos.
Connors continued to sound the alarm on Goodwin’s behavior in relation to Webber, but nobody in a position of authority responded. He tried voicing his concerns with higher-ups at various points, only to be greeted with an attitude of indifference or even acceptance.