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A large majority of state laws lack protections for individuals creating financial powers of attorney, according to the Public Policy Institute’s research report, Power of Attorney Abuse: What States Can Do About It. 

 

A power of attorney is a critical planning tool – a legal document delegating authority to another person to handle financial matters. As the population ages, the power of attorney will be used even more often to appoint trusted family members and others. But the power of attorney can also be a “license to steal” because it grants broad powers with little oversight.

 

The PPI report, written by attorneys at the American Bar Association Commission on Law and Aging, explores the problem of power of attorney abuse and how state legislatures can protect vulnerable adults against it. It explains how the new Uniform Power of Attorney Act helps prevent, detect and redress abuse, and provides resources to promote enactment of this model law. A two-page In Brief   summarizes the key points in the report.

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Consumer Protection

Fraud And Deception

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In Brief: Power of Attorney Abuse: What States Can Do About It

This brief synopsis of an AARP Public Policy Institute research paper, by Lori A. Stiegel and Ellen VanCleave Klem of the American Bar Association Commission on Law and Aging, explains how the Uniform Power of Attorney Act helps prevent, detect and redress power of attorney abuse, and provides resources to promote enactment of this model law. (2 pages)

December 4, 2008

By: Naomi Karp, J.D., AARP Public Policy Institute | Source: AARP Public Policy Institute

Power of Attorney Abuse: What States Can Do About It

This PPI research report, by Lori A. Stiegel and Ellen VanCleave Klem of the American Bar Association Commission on Law and Aging, explains how the Uniform Power of Attorney Act helps prevent, detect, and redress power of attorney abuse and provides resources to promote enactment of this model law. (88 pages)

November 25, 2008

By: Lori A. Stiegel, JD; Ellen M. Klem, ABA Commission on Law and Aging; American Bar Association Commission on Law and Aging

Barriers to the Use of Security Freezes by Older Consumers

Older consumers are largely unaware of their option to use a security freeze to shield their credit reports from identity thieves, according to this AARP Public Policy Institute Data Digest by Neal Walters, which also finds that older consumers would be more likely to use a security freeze if the process of placing and using it was easier and less costly. (4 pages)

October 31, 2007

By: Neal Walters, AARP Public Policy Institute | Source: AARP Public Policy Institute

FYI: The Subprime Market: Wealth Building or Wealth Stripping for Older Person

While the “democratization of credit” has led to record numbers of Americans reaching the American dream of homeownership, there is growing evidence that many borrowers are now being sold products that strip, not build, home equity and household wealth. In this AARP Public Policy Institute FYI report, Sharon Hermanson discusses ethnic background lending disparities, predatory loan practices, and increasing foreclosure rates. (4 pages)

June 30, 2007

By: Sharon Hermanson, AARP Public Policy Institute | Source: AARP Public Policy Institute

Fighting Identity Theft: Lessons from the United Kingdom

The chip and PIN system’s effectiveness in reducing several types of card fraud, including counterfeit card fraud and account takeover fraud, in Britain and other countries using similar technology – and its possible applicability to America’s identification theft problems – are examined in this AARP Public Policy Institute Fact Sheet by Neal Walters. (2 pages)

June 15, 2006

By: Neal Walters, AARP Public Policy Institute | Source: AARP Public Policy Institute

Protecting Social Security Numbers from Identity Theft

Inappropriate use and a lack of security makes Social Security numbers (SSNs) vulnerable to access by identity thieves. This AARP Public Policy Institute Fact Sheet by Neal Walters and George Gaberlavage examines public and private sector use of SSNs and identifies policy options proposed at both state and federal levels to strengthen SSN protections. (4 pages)

September 23, 2005

By: Neal Walters, AARP Public Policy Institute; George Gaberlavage, AARP Public Policy Institute | Source: AARP Public Policy Institute

Protecting Your Home, Car and Retirement Savings

This forum brought consumer activists, industry representatives and state/federal officials together to look at how fraud impacts financial security, especially for older Americans—and explore innovative solutions and policy options for combating these scams. Luncheon speaker SEC Chairman Mary Schapiro announced new SEC initiatives against fraud and investigation into the suitability of investment products for seniors.

September 23, 2005

By: AARP Public Policy Institute | Source: AARP.org

Gone Phishing: The Internet and Identity Theft

How “phishing” deceives unsuspecting Internet users into disclosing sensitive personal information is examined in this AARP Public Policy Institute Fact Sheet by Neal Walters which explores efforts by state governments and individual consumers to combat this rapidly expanding online fraud. (2 pages)

June 7, 2005

By: Neal Walters, AARP Public Policy Institute | Source: AARP Public Policy Institute

Identity Theft: Experience of Older Complainants

Results from analysis of special tabulations by the Federal Trade Commission for AARP’s Public Policy Institute of complaint data for 2001, gathered by the FTC’s Identity Theft Data Clearinghouse, are reported in this PPI Data Digest by Neal Walters and Ann McLarty Jackson. (4 pages)

March 1, 2003

By: Neal Walters, AARP Public Policy Institute; Ann McLarty Jackson, AARP Public Policy Institute;

Payday Loans: A Model State Statute

For many consumers, a payday loan at very high annual percentage rates may be their only source of credit. In this AARP Public Policy Institute report, Elizabeth Renuart of the National Consumer Law Center proposes the Deferred Deposit Loan Act as a model state statute for reducing or eliminating the practice's most serious problems and abuses. (71 pages)

October 1, 2000

By: Elizabeth Renuart, Attorney, National Consumer Law Center | Source: AARP Public Policy Institute; National Consumer Law Center

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