The Beginning of the End

In the previous post I mentioned that we were going to fly my mother out to the Dallas area so she could spend Thanksgiving with my brother Miguel and I. She neve liked flying and it made her very anxious and she was really hemming and hawing about coming out. We decided not to push it and not to add any stress to her and agreed that it was best for her not to travel at that time.

What happened on Thanksgiving is again one of those story’s that are stranger than fiction as is most of what I have talked about in this blog. Irma spent Thanksgiving at my brother a Sam and Christina’s (The Financial Abusers) house. That evening my mother Irma fell and broke her leg on my brothers driveway. She was startled when my brother Sam opened the automatic side door to his van and she fell breaking her Femur. I always ask people when I tell this story, “What would you do if this happened to your 86 year old mother who suffers from Osteoporosis?” 100% of the responses have been either call 911 or take her to the hospital. That did not happen! She was in pain and they helped her back into their house and had her lay down on their couch for the evening!

We do not know or understand why they did not do the common sense and safe thing to take care of this emergency. The feeling we have is that it was an inconvenience and they couldn’t be bothered with dealing with the issue. If the injury had been more severe she could have died on that couch. I cannot imagine the pain she must have been in.

The next morning they finally decided to take her to the emergency room where they found out she had broken her leg. Sam called my brother Miguel who was visiting me in Dallas and explained what had happened. We were in such utter shock and disbelief at his utter shallow disregard to our mothers well being. I wish I would of thought to ask her why she wasn’t taken to the hospital that night.

The next day Irma had surgery to repair her leg and when she had recovered enough she was sent to a rehab facility for physical therapy. There was no way that she would be going back to her apartment as it was up a flight of stairs and really needed to go somewhere where she could be taken care of. She did not have the insurance to go to a proper facility and we couldn’t afford to put her up in one. She had cancelled her long term disability which would have covered her to be in a facility. She cancelled it because all of her money was being taken by Sam and Christina. Irma was going to have to stay with Sam and Christina as she had nowhere else to go. We were not comfortable with this but it was what needed to happen.

In true form and in an attempt to try to get money, Sam called my brother Miguel asking if he could have $400 (from my mothers bank account) to get a mattress topper from Costco. He said he needed it for the futon my mother was going to be sleeping on. At one point in my career I had worked for a bedding company and knew that a topper did not cost this much as a matter of fact you could buy a whole mattress set for that amount. We told him to get the mattress from my mothers apartment as it was the same size as the futon. He refused to do that as it would be an inconvenience to him, it turns out the mattress topper he was wanting to get was just under $100 at Costco. We could not believe the lengths Sam would go to to try to get money from his injured and frail mother.

Irma started to improve and was going to physical therapy and was getting around with a walker. What we discovered and happened in the next two months rocked our world and to this day we are in disbelief of the depths of what our Elder Abuser brother Sam Hornedo did along with his wife and it even turned out that he had gotten his kids involved in the abuse.

https://www.aba.com/advocacy/community-programs/consumer-resources/protect-your-money/elderly-financial-abuse

The Conservatorship Protection

 A conservatorship is a court case where a judge appoints a responsible person or organization (called the “conservator”) to care for another adult (called the “conservatee”) who cannot care for himself or herself or manage his or her own finances.

My brother Miguel spent some additional time in San Diego to work on getting a conservatorship put in place to better protect my mother from any additional abuse and to give us better control of taking care of her finances.

The city of San Diego provides a free Conservatorship Clinic. The clinic provides free assistance with information on the Conservatorship process and court forms only to clinic participants not represented by attorneys to Petition the Court for Conservatorship of the person. They also provide information regarding alternatives to Conservatorship. The process involves gathering the information you will need to fill out your forms then file the forms/petition. The petition must include information about the proposed conservator, potential conservatee, relatives, and the petitioner (person filing the case in court). It must also include reasons explaining why the conservatorship is necessary and should be granted.

Once a petition is filed with the court, a court investigator is appointed to interview the proposed conservatee and to determine if the individual is truly incapacitated and whether appointment of a conservator is justified. The investigator reports back to the court with an opinion.

We were trying to do this on our own as we did not have the money to hire a lawyer to go through this process.

In the mean time we wanted to have Irma come back out to my house in the Dallas area for Thanksgiving as we had done the prior year. Her friends and neighbors were all aware of what was going on and were keeping a closer eye on her and helping out as much as they could. We would talk to her on a regular basis and had to remind her to take some of her medications. She had osteoporosis and was supposed to take a monthly pill for it and Miguel would call her on the first day of the month and make sure she would take the medicine. As is the case with many people the children became the parents, we became her medical and financial advocates. We were her caregivers from afar protecting her from any additional abuse and making sure she was ok.

Parentification is the process of role reversal whereby a child is obliged to act as parent to their own parent or sibling.

We were looking forward to seeing her on Thanksgiving and having her with us. She brought us a lot of joy, she was the funny and giving she exuded love to all around her and absolutely lived for her grandchildren.

Protect the Elderly from Financial Exploitation

Selfhelp-conservatorship California

Wikipedia-Parentification

Hard Choices

A week after my mother got officially diagnosed with early stage dementia she got a notice from the California DMV that her license had been revoked. She was blindsided and devastated as she was a fiercely independent woman. The Neurologist that had seen her had contacted the DMV because of her concerns over Irma driving.

I did not disagree with the decision but I think it could have been handled better by the neurologist. She could have told us what she was doing and we could have prepared my mother for it.

She called crying and was devastated that she had lost the ability to drive legally. Fortunately at the time she did not have the car in her possession, I had arranged for an old friend to pick up the car and take it to a mechanic to fix some issues with it. We decided once the car was gone through and repaired that we would sell the car.

My mother kept asking when she would get her car back and I had to remind her that even when she got it back she would not be able to drive it. She would forget due to the dementia and we would continue to remind her of this and asked her if it was ok to sell it as we would not make the decision without her consent. We reiterated to her that she could no longer drive and that it would make sense to sell it. She agreed and once we got the car back we were able to sell it to one of her close friends. We put the money in her now growing bank account. It was nice to see that her finances were stabilizing!

The challenge at this point was convincing her to use the ride share services provided for seniors in her area. We needed to make sure that she could go to the grocery store and be able to go to any doctors appointments without relying on friends or family. We did manage to get groceries delivered to her but also wanted to make sure that she had contact with friends as she was a very social person.

On our next trip to visit her we had planned to visit a senior community in San Diego where one of my mothers friends lived. It was St. Paul’s Senior Manor which offers independent living, assisted living and personal care, memory care, medical oversight, and life enrichment. We visited it and we were really impressed with the services provided (3 meals a day, wellness checks, many activities and outings, shuttle services) at an affordable price for the independent living option. We looked at an apartment just a few doors down the hall from my mother’s friend. We were excited at the possibility of her moving there. We got an application and filled it out.

The next step in the process was an interview with Irma to assess her and make sure that she would qualify for the independent living option. We were worried that due to her early stages of dementia would disqualify her from living in the independent living section of the facility. She nor Miguel and I could afford the assisted living option. When Irma had initially retired she had gotten both long and short term care options that would have covered the cost. Unfortunately at some point she could no longer afford these options as she was giving all of her money to Sam and cancelled them. After talking to the director of St. Paul’s to schedule my mothers interview and telling her what was going on with Sam and Christina and the Financial Abuse, she decided that she probably would not accept my mother to the facility. Her reasons were that a she had to have a family member nearby that could be relied upon and trusted. I wasn’t happy about it but I also understood her reasoning. We continued to search for alternatives for her. She lived in an apartment on the second floor of a complex and we worried about her going up and down the stairs. We had put in a request to move her to a first floor apartment when one opened up.

Next, the beginning of the end…

https://www.rocketlawyer.com/article/what-to-do-if-you-suspect-financial-abuse-of-an-elderly-person.rl

https://www.ioaging.org/wp-content/uploads/2015/03/Financial-Abuse-An-Advocate-s-Guide.pdf

Protecting Irma

My mother was the best person I have ever had the privilege of knowing. She was the epitome of love, what she suffered during her life was not deserved. I think about her every day. I miss her terribly and wish that I could have done more for her.

She was love and kindness and pure, she loved unconditionally and when someone hurt her she was wounded deeply. I loved my mother so much and it hurts to know that her own flesh and blood hurt her for their own selfish needs. I will never forgive or forget what my brother Sam did to her.

I am not perfect and have my flaws but in a million years I would never had done to her what Sam did to her. My true brother Miguel thinks that at some point I should forgive him but after all of these years I cannot see that happening.

I wish she was still here and part of the reason she is not is attributed to my brother Sam, at the end of this you will see why and not question this statement.

During the visit (where Sam had tried to withdraw money from the Free ATM) not only had we initiated the Power of Attorney we also wanted to have my mother assessed again for dementia. I met with her doctor at Kaiser right before her appointment to talk to him regarding her mental status. I asked if he would re-assess her as we had growing concerns regarding her memory.

In our first visit the doctor told us that she was just suffering from age related memory loss but the memory loss was really starting to concern us. It seemed to be getting worse and we felt that the doctor had not done a proper assessment. The doctor was perturbed that we were asking him to do the assessment, the doctor did a more complete assessment and decided to refer her to a neurologist.

Miguel and I continued to look for her original will and trust as well as trying to find where all the money went. We were waiting on the documents from her bank to start forensically searching to find out what had happened.

My mothers finances started to normalize since we had taken over paying her bills for her and managing her bank accounts. Without the financial abuse by my brother Sam she actually had money in her account and continued to build a buffer as her expenses where a lot less than what she got from Social Security and her pension.

We were trying to get my mother to start using some of the services offered to the elderly such as ride sharing services that only cost $5 as we did not want her driving and other services that would do well visits to her. She was a very independent woman and did not want to use some of the services offered. It is tough to get someone at the age of 85 to start doing something different from what was normal to them previously.

The doctors visit to the neurologist was scheduled and we were trying to get her to use the ride service but she did not want to do that and somehow Christina (for once) volunteered to take her. We were not comfortable with her taking her but pretty much had no say in the matter. The day of the appointment I spoke with the doctor and asked that she see Irma alone without Christina and informed her of the financial abuse that had taken place. The doctor agreed and after the appointment she called me to say that Irma was in the beginning stages of dementia and was shocked that she was still driving.

Unfortunately this confirmed our fears and now it became imperative that we get a conservatorship in place.

Protect the Elderly from Financial Exploitation

https://www.aba.com/advocacy/community-programs/consumer-resources/protect-your-money/elderly-financial-abuse

The Surprise

A1 US

I want to make something perfectly clear, the whole reason for this blog (that we plan to turn into a book) is to bring to light the all too common occurrence of Elderly Financial Abuse.  If we can help one person avoid being abused or help someone identify the signs of abuse and stop it, then it is worth it.

We had decided that we would go to San Diego at the end of August unannounced as we wanted to fly under the radar and plan bank and doctor visits while we were there. We had already initiated a Medical Power of Attorney and on this trip, we would initiate a Durable Power of Attorney (POA) as a stop gap until we could have the Conservatorship put in place.

I flew in on August 31st and my mother was ecstatic to see me when I showed up at her door.  I took her to lunch and I discussed with her in detail the Power of Attorney, what it was, why we were doing it and the benefits of it.  From this, we could help manage her bills, manage her bank accounts and help her find money that we thought she still had.

We had the POA signed and notarized and then went to her bank and gave them a copy of it and requested all of her bank statements going back to the year 2000. We had requested this so that we could forensically see where all her money went. We had already done this with all of her Citibank Credit Cards. I then took her to pick up some prescriptions and ran a few errands with her.

Prior to going out to San Diego my sister-in-law jokingly commented that since we were going out at the end of the month maybe we would run into Sam attempting to make a withdrawal from his free ATM.

After spending a wonderful afternoon with my mother we headed back to her apartment and as we pulled in we saw my brother Sam sitting on his very expensive motorcycle (Hog) in the apartment parking lot. We pulled up to him and the look of “What the F*%#!” on his face was priceless. He wouldn’t even look at me or acknowledge me and he proceeded to tell my mother that he was there to take her to the bank (sic) and to help her get her prescriptions. I told him that we had already done all that and he continued to ignore me for which my mother was very upset. You see, my brother Sam would continually cry to my mother that his brothers didn’t reach out to him or talk to him. I was very nice and cordial to him when I saw him and he was the one not acknowledging me. He got on his hog and rode away as my mother was asking him to stay and spend time with us. He did not want to have anything to do with that and this greatly upset my mother.

She did not understand why he was being like this and his behavior deeply affected my frail mother. I told her that maybe it was shame for what he was doing (to be honest he has no shame as if he did he would not be stealing from his mother). This incident also proved to my mother that what he was saying about Miguel and I was not true.

The truth was that we had thwarted his attempt to take money out of the free ATM and he was not happy about it.ATM

On my way to my hotel I got a phone call from Sam’s wife Christina saying that my brother told her that he saw me and she was surprised that we had not told them I was coming into town. She proceeded to chastise me for not communicating with them and that as family we should communicate and then asked why I was in town. I told her I was there to take care of things that my mother needed and to take her to her doctor appointments. She proceeded to tell me that they always take her to her appointments, I stated that this was not true as I had to fly in all the way from Dallas to help her out. I told her that I was there to protect her from any more financial abuse from them. She then stated that she never took money from my mom and that it was all Sam. I then made the point that the Germans in WWII knew the Jews were being slaughtered and sat idly by and did nothing and if that was her excuse then she was as bad as them. Sam was listening in on the conversation as I could tell he was on another line hearing what was being said. I finally hung up on her as she did not like what I was saying and became unhinged.

That night I got an automated text from my mothers Citibank credit card (one we had changed the passwords on) that it had been used to pay the DMV in California. It was not my mother who initiated the transaction. It seems that Sam had physical possession of a card and used it. Nothing like a little credit card fraud among family.

Again, we were astonished that this was still going on even after Adult Protective Services had submitted a police report on Samuel.

Financial Crimes Against the Elderly Legislation

Protecting the Elderly from Financial Abuse

A Complete Guide to Elder Financial Abuse

Revisited, The Elder Abuse Tale

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I have not posted for this blog for quite a while. The reason was that I was in the process of a career change and directed all of my energy towards that goal. I am re-posting this as a refresher of what had transpired at the end of my mother’s life. I am doing this not only as a journal of what happened but also as a way to hopefully help and guide others who are or have experienced in their family Financial Elder Abuse. The cautionary tale…

I want to write a cautionary tale of what has transpired in the past 2 years, but I do not know where to start. Should I start at the end like I did for my mother’s eulogy and hit the important items I want to convey? I have been writing this in my head for a while now, processing the events leading up to this moment.

My deceased mother was the victim of Elder Abuse at the hands of my younger brother Sam Hornedo and his wife Christina. They have stolen hundreds of thousands of dollars from her, that left her almost penniless with very little left to live on.  My older brother Miguel and I discovered that my mother was writing checks to Sam that she could not afford to write.  It turns out Sam would come crying to her for years that he could not pay his rent.  So, she would sometimes write him multiple checks monthly totaling $2000. She was on a fixed income where she would clear approximately $1800. So how could she possibly afford to “give” him money?

In 2000 at the start of the California Housing boom, she sold her house and cleared $180,000. In 2001, my father died and part of their divorce decree was that he had to have a life insurance policy of $150,000 payable to her. Prior to that, she had received $40,000 from the sale of a Florida house she got in the divorce. All in all, $370,000. She lived in an elderly community where her rent was anywhere from $550/mo to $800/mo depending on subsidies from the San Diego Housing Commission. After receiving the money, she bought herself a 2000 Honda Civic for $13,000 and gave each of us $2000.

So, the breakdown of her money is as follows:

Home Sales:   $220,000
Insurance:      $150,000
Total:              $370,000
Honda+Gifts ($ 19,000)
Remainder:  $351,000

So, through research and forensic accounting we have confirmed that over $134,000 in checks and cash were taken by Sam and Christina and we cannot find the remaining $217,000. We think it disappeared between 2010 and 2012 when Sam got my mother to redo her will and made him the Trustee of her trust. We believe that when he was the trustee he plundered her remaining accounts and hid the money. When my mother discovered this, she changed the trust and made my older brother the trustee again.  I will continue to write about our experiences in dealing with this issue.  They say that truth is stranger than fiction and I could not have made this stuff up.  Some of it is so ridiculous that it is funny and some of it incredibly sad and beyond belief. Stay Tuned!

Diminished Capacity

Commonly, the victims of elder financial abuse suffer from diminished capacity and are unable to manage their finances in line with their own self-interest and values.

After everything that had transpired up to this point we knew that we needed to go back to San Diego often and keep in touch with our mother on an almost daily basis.  Due to our concerns over my mothers finances and her diminished capacity we decided to start the process of getting a Conservatorship in place, which is a long legal process that can be expensive.

A conservatorship is a court case where a judge appoints a responsible person or organization (called theconservator) to care for another adult (called the “conservatee”) who cannot care for himself or herself or manage his or her own finances.

After informing my cousin Amanda (who was like a daughter to my mother) of what we had discovered (Financial Elder Abuse, Diminished Capacity, etc.) Amanda decided to go visit my mother.

Amanda had been sending groceries to my mother about once a month to make sure she had food. We had mentioned this to Christina during the conversation that we had with her and right after that, the following Text exchange took place between Amanda and Christina.

C: Hi I have a quick question for you…. I was told way back when that you were sending groceries to Irma because you and Elwin were worried that she wasn’t eating enough and was tiny. I am now hearing that it was because she told you that she didn’t have enough money to buy groceries. Can you please confirm your original intent for sending the groceries. I would greatly appreciate clarification. Thank you!
A: Hello Christina, why the questions? I started sending her monthly groceries because I saw that she was too thin and wasn’t eating enough. Her fridge didn’t have much in it. I felt her fragility didn’t allow her to carry too much up the steps so I wanted to save her the trouble. On a subsequent visit we talked about finances and based on her responses, I new that she was barely making ends meet. I felt that she couldn’t afford to buy much and was purchasing less food than what she needed. Her friend also told me that she was feeding her once a week and sending food home with her. She’s a very proud woman and it bothers her to admit her need. She is always telling me that she wants to show her gratitude and send me a little something but is not in a position to do so. I have always reassured her that I don’t need or want anything from her other than to see a little more weight on her bones.
C: Ok, thank you.

I find this exchange very interesting, it is like Christina was hoping that it was not about money, the money they had taken from my mother. We later came to find out that a lot of this food made it to Sam and Christina’s.

While there, Amanda would take her to a couple of doctors appointments that we had scheduled on our initial visit and help out with some of the initial paperwork for the consevatorship as well as a the ride service ‘On the Go’.

Prior to Amanda’s visit my mother had a bone density test and the results showed a 40% decrease in bone density,  she was given Risedronate tablets that needed to be taken once a month on the same day for the next 10 years.  The following is what Amanda experienced during her visit and it alarmed us as it was very different from our prior visit with our mother.

“I’ve explained to her that her the Risedronate tablet must be taken once a month on the same day for the next 10 years, twice she’s picked up the box and says “okay, twice a day”. I tried to clear it up for her and I’ve written it on the calendar.”

“She’s already saying that she is not going to take the bone pills because of the side effects it can cause. I told her to ignore what’s written in the packaging.”

“She did not send in the ‘On the Go’ enrollment, the envelope was opened and siting in her stack, she is out of envelopes, I’ll take it with me and mail it.”

“She still thinks that she owes me the August rent payment even though I have explained that it has been deducted from her credit union.”

“I spoke with the social worker from this complex and asked her to follow up on the following:

• Getting to her the rent payment coupons so that going forward your mom can pay by mail.

• That they check on her at least once a week, that they change her access code to the gate (it will different as of Monday and she may be locked out without the new code).

• That they take a look at the moldy and mildew state of her carpet (it’s gross and damp to the touch) there may be moisture seeping underneath and this may be cause of her chronic cough.

Her car was horrendous to drive, I believe that it needs steering wheel fluid (she should not be driving anymore anyway, she has little to no recollection of how to get anywhere, that may be the reason she is staying home and becoming disconnected from the world.”

“I reminded her that she does not need to go to the bank because we already went today and she had $100 in her wallet, she did not believe me until she looked and found it. She said that she would put it in a wallet she keeps in her drawer by the bed and I said that was a good idea. She went and placed it there, came back to the table and proceeded to once again say that she lost the money and couldn’t find it. I told her that she just got through putting it in the drawer and she looked at me in disbelief and went back to check again.”

“My dear Cuz, she needs help and should no longer be left alone.

This along with some other issues that Amanda saw really had us scared and concerned and it really upset us. It became painfully obvious that there was really no help locally as all my brother Sam and his wife Christina did was take and not help. If they had really been involved, what we found would not have been a shock to them or us.  Miguel and I decided to make a surprise visit to my mother the following month.  What happened and what we discovered on that trip was so astonishing that it proved that Truth is stranger than fiction!

1 MT

Assessment of Older Adults With Diminished Capacity- A Handbook

FSI | Elder Abuse Resource Center – Financial Services Institute

Stop Elder Abuse Now | Learn How to Report Abuse‎

Financial Abuse of the Elderly in Domestic Setting – Elder Mistreatment

 

The story from the beginning:

A Cautionary Tale

The Signs

The Story Continues…

The Discovery

The Visit

The Visit Part 2

The Visit Part 3

My Brother Miguel’s Voice & Perspective

Back Home

The Difficult Truth

The Reveal

 

 

 

The Reveal

200wElder financial exploitation is one of the fastest growing crimes in the world, with the emphasis on crime.  Elder financial exploitation (abuse) involves the wrongful act of taking money or property and can be committed through scams, fraud or other means (embezzlement, identity theft, etc.) The perpetrators may include family members, caretakers, online or telephone fraudsters, financial managers, social contacts or service providers.

I know, I know I left you hanging last time and that wasn’t fair…El has been hounding me to get on the ball writing about the phone call. I hate feeling the way I do when I rehash this stuff even though, as I mentioned in my first post, my deepest hope is that it will help someone catch signs (earlier) with their loved one. So, write I will. One thing I do want to say is, in reflecting on how things were handled from all sides, I will be honest with you about how I or we could’ve said or done things differently so that maybe you can also use that information to have a more effective outcome than we did.

OK, the first call to Christina Hornedo.

Where I left you before was when Elwin and Miguel were in San Diego to take Irma to doctor appointments, get her assessed and to plan the next steps in caring for her. At that time, they began the discovery process of just what had been going on with her finances. Since Christina and the girls were visiting the guys at Irma’s apartment, they had decided to keep the visit positive to protect her, and the grand-kids, by not bringing this up in their presence.

Once the boys returned to their respective home cities, and we received additional information from Citibank and Adult Protective Services, a call to Christina was planned. We were devastated at what had come to light and decided that I would initiate the conversation with Christina. Since she had told me about Sam’s indiscretions that I detailed in my last post, we figured if she didn’t know anything and I reached out to her, woman-to-woman and wife-to-wife, then I could more gently break the news to her. But, if this information wasn’t a surprise to her, well…then we wanted to determine what she knew about the financial theft. We strategized our wording to leave things open-ended enough so that her initial response would be very telling. Indeed, it was. A week after the guys returned from San Diego, I set the call on speakerphone while Elwin listened and Miguel was silently conferenced in. Elwin took notes on what was said. We have reconstructed the following from those notes and filled in any gaps from Elwin’s, Mickey’s and my memories.

1 tpcChristina answered the phone and I asked if she had a few minutes to talk. She said, “I need to take my youngest daughter to the doctor.” I asked if everything was okay with her and after she told me what was going on and I asked her to call me back later when she had some time to talk. At this point she asked, “What’s this about?” I started by stating that “Something had been discovered and out of respect for her, I wanted to give her the courtesy of having the conversation, wife-to-wife.” She pressed and asked, “What’s going on?” so I said, “It’s come to light that Sam has been taking money from Irma.” Christina: “What are you talking about?” Defensively, she pushes back “Why is it any of your business?!?!” More a statement than a question. I said, “Well it became our business when Irma called us freaking out because she didn’t have enough money for her [$540] rent payment, and we had to send her $1,500 to bail her out because of the money Sam had taken from her.

Yeah, you read that right just $540.00 dollars…. not much at all for a woman who lived as austerely as Irma had. Irma cleared over $1,800.00 every month in her social security and pension since she retired (I’m not even accounting for her income when she was working so it really was much more until she retired). Since the year 2000, she had a minimum of $200,000 dollars in savings from the sale of her house; plus, in 2001 added another $150,000 from a life insurance payout. On top of all that, since 2002, we had been sending her another anywhere from $120 to $500/month consisting of repayment of a loan to us (including 7% interest rate we insisted upon, until repayment was complete). Just an aside, we felt paying her interest on her loan to us was the honorable way to do things. Since she would normally have had the amount she loaned us sitting in a bank or money market account earning between ½% – 5%, we insisted the 7% rate was the right thing to do to make sure her money was still working for her even though we were the borrowers. Just sayin’.

So, Irma had $540 in rent and maybe another $300 – $500 in expenses (Kaiser, car insurance, landline, cable, Electric) and a little bit of money for lunch with a friend or a small gift. She was always incredibly careful with how much she spent. Remember she had almost 400K in money market CDs.

This is her monthly income on top of savings.

$1,800 +  (Social Security and pension income)
$  300 + (Payment from us for the loan from 2002-2014)
$????.?? Interest income on the ~$400,000.00  she had in long-term CD/money market acct. (although, the interest was supposed to get reinvested each month she could have conceivably accessed the interest without ever touching the principle)
$2,100/monthly  Conservatively total income.
($1,100) Bills and discretionary expenses (let’s be generous)
$1,000/Month  Overage of this amount every month since at least July 2001, would have gone to savings in early years and on top of the hundreds of thousands that she already had invested.
Where did all that overage go?

Sorry, I digressed.

My point? Not only should Irma have had enough for her rent, but conceivably on top of her hundreds of thousands of dollars in savings, she should have had another $210,000 just sitting in her bank account. And she was calling us for $540.00. So yes Christina…you made this our business.

Now back to our regularly scheduled program…

1 countSo, Christina doesn’t think it should be any of our business. I then said, “Would it surprise you if I told you it was $5,000 this past year?” She replied, “That’s between her and Sam”. So, I said “What about “$10,000?” She replied, “I don’t know, again if she gives us money that her prerogative and again I just don’t see why this is any of your business?” I replied “Again, you guys made it our business when she couldn’t cover her bills because she was giving you her money.  And actually, just what we’ve found from this past year alone, is $16,000 …between clearing everything out of Irma’s bank account plus approximately $3,000 in overdraft Loans and Fees! Now she has no money to pay her bills and you’ve left Irma in a position needing to call Elwin and Miguel to pay for her expenses, so yeah, it’s our business now.”

Christina said, “I don’t know what Irma gives to Sam that’s between her and Sam” and “we have separate bank accounts because Sam would spend money before paying bills and checks would bounce for our bills, so I don’t know what she gives him.” I asked, even though we now knew the answer, I wanted to hear it out of her mouth, “Christina, you know how much he makes where do you think the $2,700/month for rent came from?” Nothing…… So I continued, “On top of that, Sam has been fraudulently using Irma’s credit cards! He apparently has sent some woman money multiple times from Irma’s credit card account.” Ah, now she’s interested… ”What woman?” she asks. I tell her.

I just thought I’d give you the courtesy of letting you know all of this and that Adult Protective Services (APS) has been informed.” Christina blows up “I’m gonna be really mad if things go legal!” I asked her “Who would you get mad at?” Her answer, “I don’t know.” I explained to her that Elwin had warned Sam back in March that if he continued to take money from their mother that he would contact APS.  Searching for an excuse she then says “You know Sam was never taught how to handle money and he’s not good with it, that’s not his fault! No one ever taught him how.” (she learned through their own accounts and the many bounced checks and overdrafts that he had no concept of how to handle money and she had to take over the finances). I said to her, “Christina, just because no one taught Sam how to handle money, doesn’t absolve him of learning financial responsibility! Nor does it excuse stealing it from his 85-year-old mother. You wouldn’t do this to your own father or mother, but have no problem doing it to Irma?!?!?!?

1 Just…. And then here comes the justification: “Well, we’re here and we take care of her.” which is pretty ironic coming from Christina because Irma had always told us, her friends, and other family that they never came around much (except for the holidays and birthdays, or whenever Irma went to their place because they used her as a built-in babysitter). We later found out from Irma that Sam would come around at least once a month to get money, not to visit, not to help her out with appointments or just visit. At that point, I mentioned about Irma’s Diminished Capacity she said that they had noticed that for the last few years (soooo…. you continued to take advantage of someone when you knew she was experiencing diminished mental capacity?).  At that point, Christina said “Look, I have to take my daughter to the doctor, I can’t deal with this right now.” I said, “That’s fine I just wanted to give you the courtesy of having this conversation, so you wouldn’t be blindsided.” (which clearly shouldn’t have been a concern on our part since she knew about getting money from Irma all along!). End of call.

The next day Elwin, Miguel and I were on the phone talking about the conversation that I had with Christina when the APS case worker called and we conferenced him in.  He stated that Sam had not returned his calls. We told him that Christina knew about the money and had mentioned that she had been aware of Irma’s diminished capacity for some time.  After hearing this, the APS case worker informed us that he was going to submit a criminal report for Financial Elder Abuse implicating Sam Hornedo.

Two days later after trying to get a hold of Miguel and Elwin, Christina called me.  She was angry that a police report/investigation had been opened.  She was not happy and proceeded to inform me that the she had spoken to Irma and had gotten the APS case workers phone number and called him.  He asked her questions regarding the money and then informed her that a police report had been submitted on the matter.  We had another long conversation basically rehashing the situation and I honestly told her how I felt regarding this matter. The conversation ended amicably but it finally proved that Christina knew what was going on all along and was complicit in this situation.

And there it is folks. In black and white.

2 call

How to Talk Honestly About Money With Your Family

1 alDiscussing financial topics with aging parents can be uncomfortable, but it’s so important.

Protecting the Elderly From Financial Abuse1 sign

Elder Financial Exploitation (Abuse) Reporting Requirements …

Continue reading The Reveal

The Difficult Truth

I’ve been putting off writing this, in part because so many of the things that transpired are incredibly upsetting and in part because no justification can excuse what Sam and Christina Hornedo did to Irma. I know we can only change what happens in the future, but I can’t help but wish things had happened differently, that we’d moved Irma out-of-state to our home, that we’d been able to improve her care, that we could have prevented the emotional and financial abuse. But here we are now, missing Irma terribly, and left with answers that are painful and excuses that leave you speechless. Rather than taking any adult responsibility for their lives, Sam & Christina instead opted to fleece a woman in her 80’s, living on a fixed income, of all her life savings AND monthly income, so that they could live a lifestyle beyond their means. I know writing is cathartic but more importantly it is my deepest hope that any of the things we share with you might help you to catch the signs as early as possible if someone you care about is being taken advantage of or suffering financial abuse.

1 comp 1Facts and Premonitions

I utterly adored Irma and have always said I was so lucky to get a second mother who was such a kind and lovely person. I have many wonderful memories of times we shared together, with other family, hers and mine, but especially treasure the talks we shared just between the two of us. But I get ahead of myself…first, I have to jump back to November 2015 when she came out for Thanksgiving, before we had any inkling of the abuse that was going on. What I write here is not to gossip but to lay the groundwork for understanding everything that took place with regard to Irma, her money, and the continued threat to her emotional and physical well-being leading up to her death.

At the time, I’d had a long conversation with Christina when I’d called to invite them to join us for Thanksgiving at our house, where they could Join Irma and bring the kids, have most of the cousins together and to stay with us for some family fun and bonding. What she’d told me on the phone was saddening but not surprising, given Sam’s track record of past behavior. Apparently, Sam had already moved out and they were separated as result of his constant lying, lack of financial restraint with their income, and his bastardizing the Church doctrine as an excuse to tamp down Christina’s strong and outspoken nature. Christina detailed Sam’s history of lying, of blowing through their finances on his electronics, Star Wars stuff, sixteen electric guitars, motorcycles, etc., his failing to tell her when their house was being foreclosed in 2010, until days before the bank was to take it. Since then, as a result of losing their home, she had to get much more involved in managing the finances to make sure their essential expenses got paid before the rest of the money was spent on lifestyle stuff. Sams bad behavior apparently continued. More recently he had come home and said, “hey we’re gonna go pick up a car,” that he’d bought from someone at his church I believe, but hadn’t discussed it with her prior (because he was the head of the household so why would he?). So Christina had to get even more involved in the finances and ultimately taking them over. Despite attempts at counseling with a pastor over these issues, Sam refused to change his ways. Irma always told me that Sam and Christina argued intensely, and that Christina was strong-willed and hotheaded. So, it was no surprise that she refused to accept his attempt at lording over her. Some years before they had drifted away from a church they went to as a family. The arguing continued, and by the time she and I had this conversation in 2015, she didn’t even know where Sam was staying, but said that Julia (their daughter) was so furious with Sam because of all the crap he pulled and that she wanted nothing to do with her father. 

“A budget is telling your money where to go instead of wondering where it went” – Dave Ramsey

People ask me how we didn’t catch the financial abuse of Irma sooner given these things we knew about Sam? Here’s the truth about that…I don’t judge others for making financial mistakes…in the past, we’d made a lot of financial mistakes ourselves. In my early twenties, as a result of not managing our money properly, or living beneath our means, we screwed up big time and our home was foreclosed on. The situation was more complicated than the typical story (the bank made a change on the loan via a loophole), but that doesn’t change the fact that we needed to grow up and not spend every penny we made). Simple math, we didn’t have the money to resolve it so we lost our home, which really sucked, but it was a big lesson in life about needing to live beneath our means and not be caught unaware in the future. Unfortunately, even after beginning to straighten up our financial lives, the consequences of our lack of budgeting were still coming to fruition. One night at 4 a.m. the repo man came for my car. I called my dad crying as this was happening and he yelled over the phone “God damn it, Andrea, you can’t have things you don’t pay for!” and then hung up on me. He was right, and although I didn’t like it, it was one of the best life lessons I have ever had.

That humiliating experience really made me determined to improve our money skills and make sure we had enough money put aside to cover our bills. Since those days, I’ve become a huge fan of natural consequences in life… for ourselves, in raising children, etc. We had to pay dearly for another fifteen years to clean up the mess we made, and in some ways, we’re still paying for those mistakes today because we could be so much more financially stable than we are now and in the future, but, well…natural consequences of our actions.

Anyhow, I have a dear friend that had around $70k in law school debt and she had utilized Dave Ramsey’s Total Money Makeover (TMM) and really sacrificed to become completely debt-free in just 2-3 short years. Not long after, her mom became terminally ill and because she had no debt, she was able to move to another state and care for her mom until she passed away. The time she was able to spend with her mom without the stress of needing to spend half her days at a job to pay bills… well, you can never get back! That had a massive impact on me; there is no number of things, owning toys, that could match the value of being able to spend that time with someone you love, time that could never be recuperated.  So around ten years after losing our home, we too turned to the Dave Ramsey TMM to clean up our budgeting even more, in hopes we would be able to save for the future, and really get right with money all around.

Newsflash! Emergencies in life will always happen, count on it!

1 emergencies-of-life-instead-of-og-mandino-118552It took a long time for me to figure out that it is less stressful to be prepared for the inevitable emergencies that life will throw your way. By putting a little bit aside at a time (and sometimes, it was less than $10) and having some or all of the money when those emergencies arose, reduces a lot of stress. Not long after we’d gotten ourselves on the TMM program, due to needing mold-remediation in our home plus catastrophic illness in the family, we were on payment plans with almost every hospital in the city as well as with many specialists for at least another seven plus years. Still, we had to take care of our bills because no one was going to do it for us. It’s called being accountable for one’s actions and not being the victim to life’s circumstances. This didn’t make us experts at budgeting or financially stable overnight. We’ve lived month-to-month for almost all our adult lives, while rectifying our past mistakes, on top of handling many bumps in our road in life. But the point is, we’ve handled our own bumps.

The difference between Sam & Christina and us, is that we sacrificed ourselves, while they sacrificed Irma!

The biggest sacrifice we made to take financial responsibility for ourselves was moving away from our families and going where work was. It is the single deepest regret that I have today (and I have a lot to choose from!). But we simply could not continue living near our loved ones and all of our friends in beautiful San Diego and be able to support ourselves, without asking for help from others. Everything I’d ever known was in California, but we didn’t want to ask our families for money when we needed to learn to take care of things ourselves and how to live beneath our means no matter how small or erratic those means were. And guess what!?! It is really empowering when you take ownership of your finances and responsibilities! For one, when you earn your own money and pay your bills, there are no strings attached to how you spend it or don’t spend it.

My final point on that is, we constantly made an effort to get better at budgeting and saving a little bit so that life emergencies wouldn’t result in our having to ask someone else for help or rely on credit to carry us through. Over the years, we continually worked at it, and we still do, making smaller mistakes as time goes on but still learning from every experience and mistake we make.

Putting Irma’s Wellbeing First

So back to Sam & Christina, where I first started above…with all this in mind we thought, “let’s give Christina the benefit of the doubt that maybe she didn’t know about all the money Sam was taking from Irma. So, let’s approach this as though Sam had likely not told her anything as he’d done so many times before. Perhaps he’d done it without Christina’s knowledge or consent.” Little did we know then. But we were very concerned first and foremost about Irma’s wellbeing. So, when Christina brought the kids over to Irma’s place to visit with their uncles, out of respect for all present, Elwin and Mickey (Miguel) didn’t want to sour the visit by bringing up the proof they’d found about Sam taking Irma’s money. Sam wasn’t there, as he refused to talk to or visit with his brothers, presumably because of his shame about what he’d been doing, but what we now know is his modus operandi.

1 dfIn fact, Sam had actually been spinning lies to Irma about Elwin and Mickey, which was incredibly upsetting to her, causing her to be unable to eat little for days on end, getting horrible acid reflux, and causing her significant emotional upset. He’d put on the faux waterworks and whined to Irma “Elwin and Mickey don’t love me…. they’re excluding me and won’t talk to me, etc.” (What? Are we five?). These were blatant lies as we have the texts, emails and phone calls to prove it. In the long run, Sam created so much havoc and stress, causing Irma significant distress resulting in her having increased incidences of unresolved acid indigestion and driving her to tears. Knowing what we know now, I can’t help but wonder if he isn’t at least indirectly responsible for her needing a feeding tube to be put in because of the damage to her stomach caused by the long-term exposure to the additional acid. I realize that is speculation, and yes, maybe a bit inflammatory. I’m not saying he killed her outright, but it is my opinion Sam & Christina both, significantly contributed to creating emotional and physical distress for her over the years.

To put Irma’s care and feelings first, it was decided Christina would be brought in the loop via me, woman-to-woman, wife-to-wife after the guys returned home. Elwin and Mickey both listened in on and took notes during my call to Christina. I will say that one of us had a strong feeling that Christina was well aware of sucking Irma financially dry and sadly, how very right he turned out to be. You’ve obviously already figured out by now that Christina not only knew about the money taken from Irma but what came out of her mouth will leave your jaw on the ground. Next time: Initial conversations with Christina

Andrea Hornedo

The Total Money Makeover – Dave Ramsey

14 Signs of Financial Elder Abuse – LawyersAndSettlements.com

Back Home

When I returned from visiting my mother I was angry and sad. I was really angry that my 51 year old brother (Samuel Hornedo) was so lazy and selfish that he found the need to take advantage of my 86 year old mother who was an easy target for him.  Samuel was the baby and as such my mother babied and coddled him his whole life.  She let him take advantage of her as she did not like conflict. He took advantage of that as well as her diminished capacity.

I was sad that my mother had become destitute because of the selfishness, sad that Samuel had never grown up and was not a man but still a selfish spoiled child. Unfortunately my mother was partially to blame for the situation that it turns out had been going on for a long time.  In the end she was not responsible for her actions as she was suffering from Dementia, which made it easier for Samuel to get the money.

1 24Like I have said in prior posts, I called Adult Protective Services and had a case opened.  They were very thorough in gathering as much information from me for their investigation. A few days later the APS case worker went and visited my mother and asked about the $13,000 that my mother had given (sic) Samuel. She stated that she had not given him that much money.  The case worker took my mother to the bank and the bank confirmed that was the amount written out of her account in the past year.  My mother was shocked as she did not realize or remember giving him the money.  During his visit the case worker gave my mother the  St. Louis University Mental Status (SLUMS) Test which is a test for diagnosis of mild cognitive impairment and dementia.  My mother scored in the Mild Cognitive Impairment range just barely below the Dementia threshold.

The APS case worker attempted multiple times to contact my brother Samuel Hornedo but to no avail.  As such, he finally decided to file a criminal police report.  Once Samuel found out about the police report he finally responded to the APS case worker.  If I was being accused of something I knew I had not done or had an explanation for, I would get in front of it and prove my innocence or explain myself.  This did not ever happen with Samuel.  The silence spoke volumes!

The next chapter of this story will be written by my now Ex-wife Andrea who finally spoke with Samuels wife (Christina Meehan Hornedo) regarding the Elder Financial Abuse of my mother.

Dementia puts seniors at risk of financial abuse | Money | Dallas News

Why Elder Financial Abuse Is Such A Slippery Crime – Forbes