ATTORNEY NEWSLETTER
California is anticipated to pass three new bills that would strengthen elder abuse laws in the state. Among other things, the definition of undue influence would be updated as it relates to financial elder abuse. Notary Publics are now required to report suspected financial elder abuse when they identify it. These new requirements are meant to strengthen laws that protect vulnerable senior citizens from financial elder abuse. Oakland financial elder abuse attorneys say that these new laws are a welcome tool that will help combat financial fraud against the elderly.
Recently, California regulators have been accused of disregarding or ignoring complaints of elder abuse. According to a report issued by the Center for Investigative Reporting, in 2009 the California Department of Public Health ordered it’s investigators to dismiss about 1,000 complaints regarding financial elder abuse and theft. What this means is that those 1,000 complaints may have been closed without investigation. Oakland financial elder abuse attorneys say that every complaint of financial elder abuse and neglect deserves to be investigated.
Unfortunately, many cases of financial elder abuse are perpetrated by family members that were trusted to look after the best interests of their loved ones. Once a power of attorney is given to a family member, they have control over the finances of the senior citizen. Often, that leads to financial elder abuse. When financial elder abuse is committed by a family member, it is less likely to be reported. Oakland financial elder abuse attorneys remind the public that the instances of financial elder abuse continue to increase.
Assembly Bill 477 requires Notary Publics to report financial elder abuse when they suspect it. Assembly Bill 140 updates the definition of undue influence related to financial elder abuse. Assembly Bill 381 allows the court to give attorney’s fees and costs in scenarios where senior citizens are financially abused by people who have the power of attorney.
Evans Law Firm, Inc. handles elder abuse, financial elder abuse, physical elder abuse, annuity fraud, consumer fraud class actions, insurance and banking fraud cases. If you think that you have witnessed or are the victim of elder abuse, or financial fraud then contact Evans Law Firm, Inc. at 415-441-8669 for a free and confidential consultation, or email us at info@evanslaw.com
