Love or Lies? How to Protect Seniors from Romance Scams

By Ines Jelic of Merovitz Potechin LLP on Wednesday September 25, 2024.

I recently faced my first romance scam when I learned that an elderly client was being courted by a charming foreign suitor. What gave it away? Through image recognition technology, I found the same photo of my client’s suitor on a crowdfunding platform. But the photo on the crowdfunding site looked different because someone had digitally altered the face, suggesting possible deception.

This experience inspired me to write a ‘cautionary blog’ to highlight this unfortunate and increasingly common scenario.

Romance Scams are on the Rise!

Romance scams targeting vulnerable individuals, particularly seniors with capacity issues, have become increasingly frequent in recent years. As people age, families should be vigilant for signs of romance scams. They should take steps to protect their elderly loved ones from falling victim to these scams.

In 2022, the Canadian Anti-Fraud Centre received 1420 reports of romance scams, resulting in $59 million in losses. Romance scams are the second most common form of fraud for people over 60, with each victim losing an average of $67,000.

Understanding Romance Scams

Romance scams typically involve scammers creating fake profiles on dating websites, social media platforms, or messaging applications to establish relationships with unsuspecting individuals. Scammers will often have dozens of fake relationships on the go to get as much money as possible.

They deceive people by gaining their trust and creating fake intimacy before exploiting them. This causes significant harm to both the victims and their families, impacting them financially and emotionally.

Scammers often target seniors with memory problems, like dementia, and take advantage of them. These people may have trouble recognizing scams or easily and quickly develop emotional connections. They often live alone and are seeking companion and affection.

Additionally, the prevalence and use of Artificial Intelligence is making romance scams more sophisticated and believable to unsuspecting victims. Often, the scammer is from another country, making it harder to track and prosecute their crimes. When people finally realize the scam, it is usually too late to fix the financial and emotional damage.

Recognizing the Signs

Families should be vigilant for signs that their elderly loved ones may be involved in a romance scam including:

1. Sudden Financial Strain: Unexplained withdrawals, transfers, or large purchases may indicate that your loved one is sending money to someone they met online.
2. Secretive Behavior: Keeping conversations or interactions with the supposed romantic partner private and avoiding discussions about finances or relationships.
3. Emotional Attachment: Becoming emotionally attached to someone they haven’t met in person. This often involves showing love or devotion early in the relationship.
4. Reluctance to Seek Help: Avoiding questions about the relationship or finances and not accepting help from family members.

Taking Action

If you suspect that an elderly family member is involved in a romance scam, there are several steps you can take to protect them and address the situation:

1. Open Communication: Talk openly and kindly to your loved one about your concerns for their well-being, without judgment. Encourage them to share their experiences and feelings freely. It is important to deal with these sensitive matters with empathy, support, and a commitment to protecting their dignity and autonomy.
2. Gather Information: Collect evidence of the suspected scam, including communications with the scammer, financial records, and any other relevant documentation. This will help you assess the extent of the situation and provide support to your loved one.
3. Seek Professional Help: Consult with a legal and/or financial advisor who specializes in elder law or fraud prevention. They can offer expert guidance on how to safeguard your loved one’s assets and explore legal options for recourse.
4. Report the Scam: If you believe a crime has happened, report the scam to the police or other regulatory agencies, like the CAFC. Provide them with as much detail as possible to assist in their investigation.

Legal Remedies in Ontario

In Ontario, there are legal measures in place to protect vulnerable adults from financial exploitation and abuse. The Substitute Decisions Act (the “Act”) allows someone with the needed mental capacity to appoint a Power of Attorney for Property to make financial and property decisions for them.

If there is no Power of Attorney, the Act also allows for the court-appointment of a legal guardian. Once appointed, the guardian can make decisions for an incapable person for matters related to property and/or personal care.

If you believe that your loved one’s capacity is compromised and they are at risk of harm because of a romance scam, and they do not have a Power of Attorney, you may consider seeking guardianship.