Monthly Membership Meeting
NCEPC-SD is proud to welcome long-time council member Paul Hynes who will lead a panel on elder Financial Abuse featuring:
- Paul Greenwood, Retired Deputy District Attorney, San Diego County, former Lead Elder Abuse Prosecutor
- Amy Waszak of Adult Protective Services (APS)
- D. Robert Dieringer, Esq. of Green, Bryant & French, LLP
The esteemed panel will address:
Elder Exploitation and Abuse - Dealing With the Dangers From the Practical, Civil and Criminal Perspective
*Please invite everyone in your office to attend this webinar. We all come across client and others who are potential victims of elder financial froaud and abuse. Whether you are a banker, financial adviser, wealth manager, CPA or attorney, you will have the opportunity to spot these situations.
Topics that will be covered:
Amy - spotting the problem, "triage" the issue, refer to appropriate departments
- Problem: Elder Financial Abuse. Unclear or fluctuating capacity related to changing estate planning documents and/or banking privileges.
- Symptoms: Red Flags: money being transferred, transactions inconsistent with client’s history. Client lacks awareness and/or understanding of the estate planning and/or POA changes, client lacks awareness of their financial affairs.
- Solve: Assess, interview client privately, have client’s capacity assessed by primary care physician or specialist, collaborate with involved parties.
- If warranted, cross report to law enforcement, DA, Public Guardian.
Rob - civil issues/elder law/estate planning
- What is the civil definition of financial elder abuse?
- What is undue influence? as relates to friends, caregivers, or relatives who want to manage an elderly person’s estate. Is the elder making decisions on their own or are they being influenced, manipulated, or controlled?
- What is legal capacity- Is the elder’s competency in question, and if so, what is the appropriate course of action?
- When should a lawsuit be filed in civil, and when in probate?
- What do litigators look for in deciding to prosecute a civil or probate action?
- How can advisory professionals help?
Paul - law enforcement/criminal issues/perspectives - "is it a civil matter or criminal matter?"
- What is the criminal definition of financial elder abuse?
- Who are the perpetrators of financial elder abuse and what are the most common forms of financial abuse?
- Who is a mandated reporter of financial elder abuse?
- If I am not a mandated reporter what should I do if I suspect that a client or family member is a victim of financial elder abuse?
- What is the role of the prosecutor in reducing the rising tide of financial elder abuse?
What are some of your most memorable financial elder abuse cases that you have prosecuted in the past 21 years?
THANK YOU TO OUR NCEPC-SD WEBINAR SPONSOR:
Pete Tentler, CRMP®
Independence Reverse Mortgage Solutions
Pete Tentler, is one of only 170 Certified Reverse Mortgage Professionals (CRMP®), awarded by the National Reverse Mortgage Lenders Association (NRMLA) nationwide and is also certified in reverse mortgage for purchase (a.k.a H4P). He has been serving in the residential lending industry since 1990 and offering reverse mortgage opportunities since 1994.
Over these years of service, his diligent focus and accountability to every client's needs, he has earned the status of trusted advisor to Realtors, wealth managers, CPA's, bankers, and legal professionals, for their client’s reverse mortgage inquiries. These services include:
- Cash flow solutions
- Asset protection strategies
- Reverse mortgage financing for purchase (a.k.a. Right-Size Without Compromise®)
Many of his clients and advisors have introduced Pete as “The Financial Locksmith®” because he will unlock the equity in your client's home, so they can secure their financial future. He has also been hired as an expert witness for probate litigation as well as divorce settlements and is always available to discuss your client’s repayment options even when they already have a reverse mortgage in place.
Born and raised in Chicago and an alum of Loyola University Chicago, Pete is an avid golfer, voracious reader, and sports enthusiast.
For more information Contact: Pete Tentler, CRMP®, Independence Reverse Mortgage Solutions, [email protected], 858.999.1776
Paul Hynes, Moderator,
Panelists: Paul Greenwood, D. Robert Dieringer, Esq. and Amy Waszak
Paul Greenwood, Retired Deputy District Attorney, San Diego County, Former Lead Elder Abuse Prosecutor
Retired Deputy District Attorney Paul Greenwood was a lawyer in England for 13 years. After relocating to San Diego in 1991 he passed the California Bar and joined the DA's office in 1993. For 22 years Paul headed up the Elder Abuse Prosecution Unit at the San Diego DA’s Office. In 1999 California Lawyer magazine named Paul as one of their top 20 lawyers of the year in recognition of his pioneering efforts to pursue justice on behalf of senior citizens. He has prosecuted over 750 felony cases of both physical and financial elder abuse. He has also prosecuted ten murder cases, including one death penalty case. In March 2018 Paul retired from the San Diego DA’s office to concentrate on sharing lessons learned from his elder abuse prosecutions with a wider audience. In October 2018 he was given a lifetime achievement award by his former office. Paul now spends much of his post retirement time consulting on elder abuse cases and providing trainings to law enforcement and Adult Protective Services agencies across the country and internationally. Contact Information: Paul Greenwood, [email protected]
Robert Dieringer, Esq., with Green, Bryant & French, LLP
Rob Dieringer is an elder abuse litigation attorney with Green, Bryant & French, LLP, and focuses his law practice exclusively on will and trust litigation, contested conservatorships, and civil lawsuits alleging financial elder abuse. Rob is a Certified Elder Law Attorney and Certified Legal Specialist in Estate Planning, Trust & Probate Law. Rob serves the community as a bilingual Court-Appointed Attorney for the Probate Division of the San Diego Superior Court, member of the Board of Directors of the Probate Attorneys of San Diego, and as the former Chair of the Elder Law Section of the San Diego County Bar Association.
Rob is active in the California legislature, having co-authored, through the California Conference of Bar Associations, the following laws: Resolution 06-01-2016, “Replacement of Dementia with Major Neurocognitive Disorder,” adopted as (2017) SB 413 by Senator Mike L. Morrell (R-Rancho Cucamonga) and signed into law by Governor Brown on July 24, 2017; and Resolution 02-11-2014, “Termination of Dementia Powers,” adopted as (2015) AB 436 by Assemblymember Brian W. Jones (R-Santee) and signed into law by Governor Brown on August 13, 2015.
State Bar of California accredited:
* Certified Elder Law Attorney (CELA)
* Certified Legal Specialist, Estate Planning, Trust & Probate Law (CLS)
Contact Information: D. Robert Dieringer, Esq., Attorney at Law, Green Bryant & French, LLP, 402 West Broadway, Suite 1950, San Diego, CA 92101, T. 619.831.6984, F. 619.239.7800, email: [email protected], web: http://www.californiaelderabuselawyer.com
Amy Waszak, Licensed Marriage & Family Therapist. Adult Protective Services (APS), San Diego County
21 years experience with Adult Protective Services (APS) with the County of San Diego, including many years of experience as a Case Manager investigating elder abuse, and 8 years as an APS Supervisor. Extensive experience working with Law Enforcement on criminal elder abuse cases, including financial abuse cases. Experience with training APS staff and writing curriculum for national APS Supervisor trainings. Provider of virtual therapy/counseling for military veterans.
Contact Information: Amy Waszak, [email protected] , 760-740-3676
Paul Hynes, Program Organizer and Moderator, with Hearthstone Private Wealth Management
Paul Hynes, CFP, is a financial advisor with more than 35 years of experience. Paul is the founder, President and CEO of HearthStone | Private Wealth Management, a registered investment advisory and financial planning firm. Paul has always worked to protect his clients from risks. And, after experiencing a family member become the victim of financial elder abuse, Paul began writing and speaking on ways to identify and protect people from this crime. As part of this advocacy, he formed a not-for-profit organization, www.seniorsafeandsound.org, to help educate and build awareness about financial elder abuse of all kinds.
Contact Information: Paul Hynes, CFP®, President, CEO, HearthStone PRIVATE WEALTH MANAGEMENT, ALL FIDUCIARY. ALL THE TIME., OFFICES: IRVINE | TEMECULA | SAN DIEGO, Mailing Address: 12555 High Bluff Drive, Suite 215, San Diego, CA 92130 - PH: 858-792-9122 FAX: 858-792-6122
THANK YOU TO OUR WEBINAR HOST:
The Jewish Community Foundation of San Diego
JCF is the largest grantmaker in San Diego, having facilitated over $1.6bn in grants since 1967. We specialize in assisting financial advisors with complex asset and real estate contributions, impact investing, multi-generational philanthropy, and legacy planning. We provide services for Donor Advised Funds, supporting foundations, family foundations and private foundations for Jewish and secular individuals, families, and community organizations.
JCF's "Trusted Charitable Advisor" program has now opened enrollment. This popular program now has hundreds of alumni in its network of trusted San Diego attorneys, accountants, financial advisors and wealth managers dedicated to building relationships and integrating charitable planning as a strategy for achieving clients’ overall goals. Whether in-person or virtual as necessary, our first workshop kicks off June 11. More information can be found at JCF's website, www.jcfsandiego.org, or by emailing [email protected]
Contact: Sharleen Wollach, Chief Impact Officer, Jewish Community Foundation of San Diego, (858) 279-2740, [email protected]