Elder Law Attorneys Urge Congress to Confront the Growing Threat of AI Scams

For some time now, families have been warned about scams with familiar advice. Do not give personal information to strangers. Be suspicious of an unexpected request for money. Hang up and call the person yourself.

Artificial intelligence is making those instincts harder to rely upon.

A voice on the telephone can sound like someone you love. A photograph can depict something that never happened. An online conversation can unfold over weeks or months with a person who does not exist.

For older Americans and the families who care about them, the question becomes, how is society responding when technology makes deception increasingly difficult to distinguish from reality?

That concern was at the center of a July 29, 2026 statement submitted by the National Academy of Elder Law Attorneys (NAELA) to the United States Senate Special Committee on Aging for its hearing, “The AI Deception Machine: Deepfakes, Chatbots, and the New Frontier of Senior Fraud.” NAELA, a professional association representing more than 4,000 attorneys who serve older Americans and individuals with disabilities, urged lawmakers to strengthen the nation’s response to increasingly sophisticated scams involving artificial intelligence.

Strohschein Law Group’s Owner and Principal Attorney Linda Strohschein is a long-serving member of NAELA, an organization whose members often see firsthand what financial exploitation can mean for an older adult and an entire family.

AI Is Changing Familiar Scams

One of the most important points in NAELA’s statement is that artificial intelligence has not necessarily invented a new kind of fraud. Instead, it has given scammers far more powerful tools for carrying out schemes that have existed for years.

According to NAELA, AI can be used to imitate a trusted person’s writing style or clone the voice of a family member. It can also fabricate photographs and videos. Scammers can use the technology to maintain highly personalized communications over long periods of time.

Romance scams, investment schemes, technical-support scams and impersonation scams are already familiar territory. AI can make those schemes more convincing. It can manufacture the appearance of intimacy or credibility. It can also create a sense of urgency that may overwhelm the safeguards people have traditionally relied upon.

NAELA points out that the problem is not that older adults are inherently unable to use technology safely. Social isolation and loneliness can make someone more vulnerable to a relationship-based scam. At the same time, NAELA notes that responsibly designed AI companion technology may help reduce loneliness. The very qualities that can make these technologies comforting, including their ability to provide persistent and responsive interaction, can also be exploited by someone seeking to create a false relationship.

The Damage May Stay Hidden

Financial fraud involving an older adult can be especially difficult for families to discover because victims do not always report what has happened.

NAELA points to shame as one reason. An older adult may also worry that admitting to a scam will cause family members to question their cognitive abilities or independence. The statement cites Federal Trade Commission figures showing that older adults reported more than $2.4 billion in fraud losses in 2024, nearly four times the amount reported in 2020. NAELA cautions that the true losses are likely higher because many victims never report them.

Where Legal Planning Can Help

Elder law attorneys have long helped families put protections in place before a crisis occurs.

Depending on a person’s circumstances, NAELA says those protections may include carefully drafted durable powers of attorney or funded trusts with appropriate restrictions. Other possibilities include co-trustees or trusted-contact designations on financial accounts. Transaction alerts and limits on account access may also be useful. In some situations, court-authorized protections such as guardianship or conservatorship may become necessary.

These safeguards are not appropriate for everyone, and none is foolproof. Their effectiveness can depend on planning ahead and selecting appropriate fiduciaries. They also depend on proper implementation and recognizing suspicious activity before significant damage has occurred.

Once money has been transferred or withdrawn, recovering it can be very difficult. Funds may have been converted to cryptocurrency or wired abroad. Retirement accounts may already have been liquidated. In those situations, NAELA warns that legal remedies can be slow and expensive while offering little hope of making the victim financially whole. That reality makes prevention and early intervention particularly important.

NAELA Calls for a Broader Response

NAELA is asking Congress to think about scams as more than isolated financial transactions.

The statement calls for a federal response that addresses the entire life cycle of fraud, from prevention and interruption through reporting, investigation and recovery.

Among its recommendations, NAELA urges Congress to create a single accessible reporting pathway for victims and families. It calls for better coordination among financial institutions, technology companies, law enforcement and Adult Protective Services. The organization also recommends giving financial institutions clearer authority and appropriate protections to delay suspicious transactions while maintaining due-process protections and access to necessary funds.

NAELA also supports additional training and technological resources for state and local law enforcement. It wants greater attention paid to what happens after fraud, including the potential tax consequences and loss of retirement assets. Victims may also face damaged credit or threats to their housing stability. Families themselves may be left dealing with consequences that cannot be measured solely in dollars.

The organization has supported bipartisan proposals addressing scam prevention and enforcement, including the Guarding Unprotected Aging Retirees from Deception Act and the National Strategy for Combating Scams Act. It also supports development of a centralized reporting system contemplated by the ReportScams.gov Act.

A Problem That Education Alone Cannot Solve

Perhaps the most significant idea in NAELA’s statement comes near its conclusion.

Education still matters. Families should talk about scams. Older adults should understand the new ways criminals can use technology and warning signs still deserve attention.

NAELA argues that education cannot be the entire answer when technology can manufacture trusted voices, images, relationships and identities. Older Americans should not carry the primary responsibility for determining whether an increasingly sophisticated interaction is real or fabricated.

That responsibility should be shared. Government has a role., and so do financial institutions and technology companies. Law enforcement, attorneys, families and community organizations are also part of the solution.

Protecting an older person from fraud should not mean taking away independence simply because technology has become more dangerous. NAELA closes its statement by emphasizing that future protections should be both effective and practical while respecting the autonomy and legal rights of older adults.

As artificial intelligence becomes more convincing, families may need to rethink what it means to be careful. The challenge ahead looks at building stronger protections around our loved ones while preserving their right to remain independent.

Click here to read the NAELA statement.

Contact a certified elder law attorney(*), such as Linda Strohschein and her team at Strohschein Law Group for assistance. To set up an appointment, contact Strohschein Law Group at 630-300-0627.