Some are alone and frail. Others are sharp and socially connected.

And they're being robbed, sometimes losing small sums, sometimes life savings, to family, friends, caregivers and scam artists.

Stealing is the fastest growing category of elder abuse in Wisconsin, government data show.

Thieves are exploiting gaping holes in the public safety net, the Wisconsin State Journal found in an eight-month investigation of elder abuse in the state. Among the newspaper's findings:

• The state doesn't force financial institutions to alert police to suspicious transactions.

• Too few police and elder abuse investigators have expertise and training in financial crimes, which can be time-consuming and hard to prove.

• Crooks can use the same laws and financial tools — power of attorney, quitclaim deeds, joint bank accounts — that let a good-hearted caregiver or guardian manage a faltering elder's financial affairs.

As few as one in 25 financial crimes against elders is ever reported, one study estimated.

Most of it goes undetected, unreported or unprosecuted, experts say, because the victims are often too ashamed to speak up. They don't want to report family or caregivers who steal but also help them stay independent. Or they're afraid of the perpetrator or the court process.

"By the time we see it, $20,000 to $30,000 is lost," said Scott Martin, one of Dane County's three elder abuse investigators. "We see at least five a year this size."

Vulnerable, with assets

Case study

In 2005, Matthew and Catherine Simpson of Janesville got to know a couple in their 80s and persuaded them to sell their deceased son's Beloit farm for $189,000, with no down payment and $500 monthly payments for 30 years. Court documents list the farm as having had a market value of $967,000. A judge reversed the transaction last year and the Simpsons' appeal was denied.

It's clear why senior citizens become targets.

People over 50 years old control 70 percent of the nation's wealth, according to the Coalition of Wisconsin Aging Groups.

Elders may be unsophisticated about their finances or not realize the value of assets, like the appreciation of a long-owned home. They can be dependent on others who can exert influence or threaten and gain access to bank accounts, checkbooks and credit cards.

Isolated seniors are especially vulnerable. Retirement comes. Family moves away. Neighbors leave. Friends die.

No one steps in until the abuser does.

"It's a perfect combination" for crime, said Patricia Struck, administrator of the state's Division of Securities, who has testified on elder financial exploitation before the U.S. Senate.

The state's "self-determination" law ensures legally competent elders can make their own financial choices — good or bad.

A 'dangerous' tool

Case study

Around 2002, Michael Kosobud, an ex-Adams County sheriff's deputy, got to know Wesley L. Willard of Adams, a recent widower with Alzheimer's. Willard died at age 87 in 2004. Kosobud, after gaining the man's power of attorney and joint bank accounts, obtained about $500,000 from Willard's estate. The estate filed a lawsuit. Under a June 2006 judgment, Kosobud is responsible for repaying the money. The estate has recovered about $200,000.

Statutory power of attorney, which can be established without a lawyer, is often a useful tool for elders and their families.

But the tool "can be very dangerous," said attorney James Jaeger, who specializes in financial abuse cases and teaches at the UW Law School.

It's best to speak with a lawyer before giving away such power and to file a document with the bank that instructs personnel to alert someone if unusual transactions occur, Jaeger said. The fact that senior citizens can fill out "Advance Bank Orders" is little known, but without one, financial institutions aren't required to report suspicious activity in an elder's accounts.

State law was recently changed to require reporting of elder abuse in certain circumstances, but the financial industry opposed mandatory reporting by its institutions, citing customers' confidentiality and fearing elders might feel their independence threatened if reports had to be made.

A provision of the law that would have required mandatory reporting by banks was removed. Instead, the state and financial industry have stepped up efforts to increase voluntary reporting, including statewide training for financial institutions, agencies and law enforcement and outreach to the public.

"It gives those on the front line the ability to work with the customer and determine whether it's elder abuse or not," said Mary Gilmeister, president of the Wisconsin Automated Clearinghouse Association, which represents 400 banks and credit unions. "Mandatory can be very negative."

Dane County District Attorney Brian Blanchard disagreed.

"Given what is at stake for victims, I favor mandatory reporting," he said. "These can be life or death situations. Some of the most cruel fraud schemes are first noted by those who work for financial institutions, and the risk of adverse consequences for any innocent party are very low."

Blanchard sees elder abuse as a serious crime that will grow as the elderly population increases. But he said his office doesn't have enough prosecutors to do all it should.

"We certainly do not have an attorney to focus on this area in lieu of the work that now has to get done," Blanchard said.

Gov. Jim Doyle is adding funding for five more assistant district attorneys statewide next year, but county district attorneys decide how to use personnel, spokesman Matt Canter said.

"It becomes a priority question for them," he said.

'Early inheritance'

Case study

Betty Jones, 54, of Madison, who had chronic drug problems, provided care for her 79-year-old mother but got caught forging checks and stealing from her. Jones got no jail time but was ordered to serve five years probation and pay restitution.

Sometimes, elders endure theft by a relative, caregiver or neighbor because the abusers help them stay at home, out of long-term care.

In the Jones case, "You know who would have been hurt most if you sent the daughter to jail?" Dane County Assistant District Attorney Ann Sayles said. "Guess who? The victim."

A lot of financial abuse springs from a family member's sense of entitlement — the "early inheritance," said John Hendrick, an attorney with the aging coalition's Elder Law Center.

Abuse investigators and police sometimes struggle to distinguish "gifts" from stealing.

If the victim ever steps forward, the money usually has already been spent and will never be recovered, Hendrick said.

Cloak of affinity

Case study

Kenneth Hackbarth, an elder at his church in Kenosha, ran a pyramid scheme bilking 117 friends, relatives and parishioners — mostly senior citizens — out of more than $6 million from 1989 to 2002. Two victims committed suicide over their losses. Hackbarth, now 80, is in prison and may die there. His victims will never recover their losses. For some, it was their life savings.

Scam artists assume their elderly victims won't report the crime, would make poor witnesses or won't live long enough to testify, Hendrick and others said.

Some abusers use a cloak of affinity — a religious, political or ethnic relationship — to wrest money from trusting victims.

Others push home improvement schemes or peddle annuities with steep commission fees or withdrawal penalties and a payoff unlikely to come until the elder is dead. Some thieves steal credit card information.

Fallible system

Case study

Kathleen Simane, a court-appointed guardian, used her position to steal more than $75,000 from her dying great-aunt, Helen Fabis of Edgerton. Simane, of St. Paul, Minn., who spent money on a car and breast augmentation, was caught last year and sentenced to two years in prison, extended supervision and $78,289 in restitution to the Fabis estate.

Even when the system is trying to work, things can go wrong.

If an elder is deemed incompetent, the court can name a guardian to handle financial matters. Abuses still happen.

A senior citizen can go to a judge and voluntarily give up certain financial powers to a third party, such as a court-monitored conservator.

But both moves place great power over a senior citizen in one person's hands, which is why Jaeger believes the courts need more resources for oversight of conservators and guardians.

The best way to prevent stealing, experts said, is to plan ahead, check out those who want to invest, hold or use your money, and talk about financial matters with more than one trusted family member, adviser or friend.

An elder or trusted family member can do a background check on any caregiver or "new friend" by using the state's automated court reporting system at wcca.wicourts.gov/index.xsl or the state caregiver misconduct registry, dhfs.wisconsin.gov/caregiver/misconduct.htm.

"People who are perpetrators make a living out of reading people and identifying potential victims," said Dane County Sheriff's Community Deputy Cindy Holmes, who has investigated cases involving the loss of hundreds to tens of thousands of dollars.

"Don't be afraid to dig a little deeper. Ask more questions. Don't be afraid to contact a senior center," she said. "It's important for people in the family to be involved."