According to Fox 5 San Diego (9/30/13), California Governor Jerry Brown has until October 12 to either sign or veto the proposed bills, which are designed to hold people more accountable for elder financial fraud. Among them are Assembly Bill 477, which would require notaries to notify authorities if they suspect elderly financial abuse is occurring, and Assembly Bill 140, which updates the definition of undue influence related to financial abuse.In August 2013, Brown signed into law Assembly Bill 381, which allows the courts to award attorney’s costs and fees in situations where seniors are financially abused by people who have power of attorney.
The bills are likely welcome news for people concerned about how California’s seniors are treated, but it may come too late for some. In fact, regulators in California are accused of ignoring complaints of elder abuse. According to a report by the Center for Investigative Reporting (9/9/13; found online at cironline.org) in 2009, the California Department of Public Health told investigators to dismiss approximately 1,000 complaints of elder abuse and theft. This means almost 1,000 cases of elderly financial, physical and sexual abuse have been closed without a proper investigation, according to the Center for Investigative Reporting.
Much financial elder abuse is committed by trusted family members and associates, who are given power of attorney and have control of the senior’s money. Because financial elder abuse is often perpetrated by a family member, many seniors do not report it. Even if they do, because of their age, there is a chance they will have passed away before ever being compensated for their losses.
READ MORE FINANCIAL ELDER ABUSE LEGAL NEWS
The recent and proposed changes to California laws concerning elderly financial abuse may have an effect on some seniors’ ability to recover their losses, and may make it more worthwhile to attempt to do so.
READER COMMENTS
Velvet Slate
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Stephen Bass
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Y Hall
on
She also had the trust leave my Grandmother's home only to her after she took her to a lawyer she set up. Classic undue influence. Criminals like this should be locked up or at least have their ill gotten gains taken away from them. My mom is too embarassed and intimidated to do anything about it and now my grandmother is gone. Fiduciary oversight would have gone a long way here.
Bryan Fiorito
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Before you list someone as your Power of Attorney, ensure that they have the knowledge and experience to do so. Licensed and bonded fiduciaries are a great resource for assisting the elderly with their daily finances and bill paying. Many cases of financial elder abuse can be avoided by hiring a licensed and bonded fiduciary.
kurt sipolski
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That was months ago.
Instead, I understand he transferred all assets out of that into a new company and declared bankruptcy!
Where is the teeth of the law?
Elder Abuse Exposed.com
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For more info on Gov. Brown, read:
"Governor Jerry Brown Vetoes Smoking Ban inside California Nursing Homes"
elderabuseexposed.com/california-governor-jerry-brown-vetoes-smoking-ban-inside-nursing-homes/
Also read about the elder abuse records of CA Attorney General Kamala Harris and Mark L. Zahner, Harris' now former chief elder abuse prosecutor in Harris' CA DOJ Bureau of Medi-Cal Fraud and Elder Abuse (BMFEA), at:
"Bogus 'Crackdown' on Elder Abuse by California Attorney General Kamala Harris"
elderabuseexposed.com/nursing-home-elder-abuse-fake-crackdown-by-california-attorney-general-kamala-harris/
Rich Davis
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Realizing that in any given situation, the abuser is often the person that has the most access to the elder. This may seem like a settle shift but it is a critical shift in thinking.
With families often living at greater distances from their elder parents often a stranger, neighbor, new friend, or even the conservator is the abuser. Yet when family files complaints about the abuse law enforcement often jumps to the conclusion that it is the family that is doing the abuse.
If you don't have access to the elder it is pretty difficult to be the abuse. Each case should be looked out independently with no bias against the family. If there is any bias at all, it should be that the person(s) with the most access is the most likely abuser.