Office of the Maine Attorney General

Older Mainers

This guide will briefly discuss several topics in which older people and those who care for them have a particular interest. In some cases, these topics are treated in greater detail elsewhere on this site.

Older Mainers downloadables

Guide for Older Mainers

Fraud

Older consumers make up a disproportionately high amount of all fraud victims. Older people generally have more health needs, such as chronic medical conditions. They often live alone. The combination of the number of older individuals, their visibility, medical needs, dependence on others, and financial assets, make them attractive targets to those who commit fraud. As the number of dependent older people grows, so will the probability of increased fraud against them.

Of course, it is crucial that older people understand their legal rights. They are their own best protectors. However, family members also play a crucial role in helping them protect themselves. The next time you visit an older family member:

  1. Be on the lookout for stacks of fundraising letters, such as sweepstakes mail proclaiming them “a guaranteed winner” or offering tickets for sale.
  2. Watch for an unusual number of packages on hand.
  3. Note if they are receiving unsolicited telephone calls offering “fantastic” opportunities to claim prizes or make investments. If so, you could arrange for an unlisted phone number.
  4. Volunteer to help older family members balance their checkbooks or review transactions, and ask about any questionable checks, payments, or large withdrawals. Offer to go over credit card statements to make sure that only authorized purchases are listed.
  5. Offer to pick up the mail to see if they are receiving unsolicited sweepstakes or lottery offers. If so, they may be on a variety of “sucker lists” being circulated by con artists. Have a trusted family friend help check the mail every day.
  6. If family members are being victimized through the mail, report the matter to the Postal Service.
  7. Enroll them on the Maine Do Not Call or Do Not Write lists. You can sign up for the Do Not Call list over the internet by logging on to DONOTCALL.GOV or by calling 1-888-382-1222 from the number you wish to register. See our guide for more information.

For more information about mail, internet and telephone fraud, please see our guide on fraud.

Long Term Care Rights

In addition to their other rights, Maine law guarantees persons living in nursing homes and boarding homes certain fundamental rights relating to their long term care. Those rights include, among others, the right to manage your own finances, keep you medical records confidential, and participate in planning your medical care and treatment. More information about your rights in long term care are available from the Maine Long-Term Care Ombudsman.

The Maine Long-Term Care Ombudsman (1-800-499-0229) investigates and resolves complaints made on behalf of residents of Maine’s nursing, boarding and adult foster homes and recipients of home care. Any person may ask for assistance from the Ombudsman on behalf of a resident of one of these facilities. This includes complaints about the quality of care that a resident receives in a long-term care facility, and about the problems that residents have regarding eligibility for state programs, financial status, legal problems and transfer assistance. The Ombudsman also provides training on resident rights and on federal and state regulations and identifies issues that may require legislative or regulatory changes.

Abuse, Neglect and Exploitation in Nursing Homes

The Office of Aging and Disability Services provides support for Maine’s older and disabled adults, and coordinates programs and benefits to assure that services are provided consistent with state and federal policies. For more information about abuse, neglect or exploitation of older people in long term care, please visit the Office of Aging and Disability Service website or call the Department of Health and Human Services at (207) 287-3707. Adult Protective Services may be reached at 1-800-624-8404. Please see our abuse of older people page for more information.

Nursing Homes, Home Health Care Agencies and The Unfair Trade Practices Act

Nursing homes provide a consumer service. Therefore, unfair or deceptive practices by a nursing home can also be a violation of the Maine Unfair Trade Practices Act. For example, if a nursing home failed to provide sufficient nursing personnel that could be an unfair trade practice. Or a nursing home may also violate the Maine Unfair Trade Practices Act by billing patients for the full price of drugs, when the home was actually charged only 85% of the price.

Similarly, home health care agencies can also commit unfair trade practices. For example, the brochure of a home-care agency may promise certain services that are never provided.

For more information about enforcing your rights under the Maine Unfair Trade Practices Act, please see our guide to the Maine Unfair Trade Practice Act.

Funeral Abuses

Funerals can be very expensive, and consumers dealing with them are often in a vulnerable state. The Maine Unfair Trade Practices Act applies to funeral homes, and the FTC has promulgated a specific rule that addresses unfair and deceptive acts or practices in the funeral industry.[i] In general, the rule requires funeral homes to provide an itemized list of services with prices and descriptions and to provide specific disclosures about your right to choose goods and services.

In Maine, funeral homes and funeral directors must be licensed, and Maine law prohibits funeral directors from “unprofessional conduct.”[ii] Included in such conduct is:

  1. Misrepresentation or fraud in obtaining a license or in the conduct of the funeral service profession;
  2. False or misleading advertising as practitioner of funeral service, funeral director, or embalmer.

Such violations could also violate the Maine Unfair Trade Practices Act.

If you have concerns to report about a funeral home or funeral home personnel, you may contact the Board of Funeral Services in the Department of Professional and Financial Regulation at 207-624-8624.

For more information about planning for a funeral, you may visit the Funeral Consumers Alliance website.

[ii] Title 32 Maine Revised Statutes, section 1455-A (2).

Protecting Your Finances

A living trust is a written document that lets you control the distribution of your property after your death, without the property or money placed into the trust going through probate. This can reduce the length of time before your property is distributed after your death. Several groups around the country have been aggressively promoting the sale of living trusts to older Americans. They use slick promotional materials and often pressure consumers to act quickly in order to take advantage of the offer. Be very wary of buying a living trust package sold in this way. Before you establish a living trust, it is advisable to consult with an attorney or financial planner.

In 1992 the Maine Attorney General sued the American Association of Senior Citizens (AASC). This “organization” was contacting older people and attempting to persuade them they needed a revocable Living Trust in order to avoid the costs of probating a will. The AASC’s sales pitch was very deceptive. After similar court actions in other states, AASC has now gone out of business. We strongly recommend you consult with a local lawyer for help in drafting such documents.

Protect Your Savings

The financial exploitation of older persons is increasingly common, and can be perpetrated by acquaintances or even a family members. One important danger sign is if an older person suddenly is making large withdrawals from the bank. If you think you or someone you know may be the victim of a financial exploitation call Adult Protective Services at its 24-hour number: 1-800-624-8404 or fill out the online reporting form at https://me.accessgov.com/oads/Forms/Page/oads-reporting-form/report-abuse-neglect-exploitation.

Here are some ways you can protect your savings:

  1. Do not be fooled by common scams. Please refer to our guide on fraud for more information about common scams and how to avoid them.
  2. Be very careful if someone comes to your door and claims to be a utility worker or town employee. Carefully check their identification and credentials before you let them into your house.
  3. Pay with a check rather than cash. This will allow you to create a “paper trail” of the transaction.
  4. Do not give your debt card PIN or other financial information to strangers or anyone else who does not need to know it.
  5. If you do not use your debit card, cancel it.
  6. Do not give your credit card number over the phone unless you placed the call.
  7. If you have been told that you have just won a prize, you most likely have not.
  8. If you receive a charitable solicitation, contact the Maine Department of Professional and Financial Regulation and make sure that the charity is registered with the State. See our guide on donating to charity for more information.
  9. Include a compensation clause in any “power of attorney” agreement that you might enter into. Before assigning a power of attorney, make sure you understand the scope of the agreement and the authority you are giving to your agent. You should also specify the compensation, if any, to be paid to your agent. Remember, even if your agent has power of attorney, the agent cannot make gifts to himself or herself unless you specifically said so in the power of attorney agreement.
  10. Do not give away property to anyone in exchange for promises of life-long care. If you are considering such a move, discuss the arrangement with a trusted friend or advisor. Document the agreement and specify the compensation, if any, to be paid to your caregiver. Maine has a specific law to protect older Mainers from financial exploitation in which they transfer real estate or substantial personal property to a friend, neighbor or relative for no consideration or else in exchange for a vague promise of care and support. Never sign anything you do not understand.
  11. Protect your money. Your bank may be able to help you protect your money by arranging your accounts to control access to your funds or allow trusted friends to monitor your banking transactions.

Reverse Mortgages

A “reverse mortgage” is a loan that allows you to draw on the equity you have acquired in your home. It allows persons over the age of 62 who either own their home outright or have a large equity stake in their home to take a mortgage on it for a lump cash sum. However, this effectively means that the lender, usually a bank, will own your home.

One way to understand reverse mortgages is to realize that they are like the traditional mortgage, only in reverse. You do not make a payment to the bank each month; the lender pays you.

Reverse mortgages are not necessarily a quick-fix to obtain cash. Some things you should watch out for when considering or obtaining a reverse mortgage are:

  1. Interest rates on this type of loan might be higher and are charged on a compound basis;
  2. Application fees, points, closing costs, and insurance also might be higher than other types of loans;
  3. An “estate planner” might charge you thousands of dollars to arrange a reverse mortgage.
  4. Interest rates are not deductible on your income tax unless you repay the loan in full.
  5. There will be less equity in your home, and if you are unable to pay the reverse mortgage in full, your heirs will inherit the debt, or the lender may take your home.
  6. If you take the mortgage amount as a lump sum, your planner or loan rep may collect their fee immediately.
  7. You become attractive to scam artists, and your financial data may be sold to unscrupulous third parties.

Never enter into a reverse mortgage without having your own bank or lawyer review the contract and assure you that it is in your best interest.

Hearing Aids

See our guide on eyeglasses and hearing aids.

Legal Services for Older Mainers

A no-cost resource for seniors with legal problems is Legal Services For Maine Elders (LSME). LSME helps Maine seniors age 60 and over in many civil (non-criminal) cases. LSME has offices in Augusta, Bangor, Lewiston, Portland and Presque Isle, as well as a statewide toll-free Hotline (voice, TTY and language line translation services). All of LSE’s services are free and confidential. LSE can be reached as follows: 1-800-750-5353 (in state), or 1-207-623-1797.

For more recommendations on finding an attorney, please see our guide on how to resolve a consumer complaint.