Missouri Legislation Strengthens Senior Protections

Gov. Jay Nixon signed legislation Wednesday intended to strengthen protections for elderly and disabled Missourians against financial exploitation.

Missouri already has a law that makes it a crime to take financial advantage of an elderly or disabled person through deception, intimidation or force. However, officials say it has been difficult for prosecutors to prove cases of financial exploitation when the perpetrator has guardianship or power of attorney.

Under the newly approved law, it now will be a crime to use “undue influence” to exploit someone’s “vulnerable state of mind, neediness, pain or agony.” That specifically could be applied to instances of improper or fraudulent use of power of attorney, guardianship, conservatorship or other fiduciary authority.

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Missouri Legislation Strengthens Senior Protections

California Legislator Jim Beall Wants Conservator Fees Capped Throughout State

A California lawmaker on Tuesday joined a chorus of outrage over exorbitant fees depleting the life savings of elderly and disabled adults in Santa Clara County, calling for new state rules to cap what court-appointed estate managers can charge for their service.

Assemblyman Jim Beall, D-San Jose, said “immediate” action is also needed to stop conservators and trustees from billing an incapacitated adult’s estate thousands of dollars more to defend their own fees in court.

Beall’s call for statewide change comes a day after Santa Clara County’s top judges vowed reforms to rein in fees following an investigation by this newspaper. “Loss of Trust” uncovered how some court-appointed conservators are charging hourly rates up to $250, double what most courts allow. The newspaper’s series this week found six-figure annual bills eating into the trusts of elderly and disabled adults who have no family or friends to care for their finances and daily needs.

Reading of the cases “just made me sick,” said Beall, who has a developmentally disabled adult with a special-needs trust in his family. “We need to limit these rates and set up some parameters so we don’t have people’s life savings or their family’s life savings drained away.”

“Loss of Trust” highlighted conservators and their attorneys charging extraordinary fees: A Portola Valley man’s estate was billed $258,000 in a year, money he hoped to leave his mentally ill daughter; a Belmont dementia patient was charged $1,062 for the 8.5 hours that her conservator spent purchasing a gift and celebrating the woman’s birthday.

Beall’s office on Tuesday contacted the state’s Judicial Council in his efforts to adopt statewide rules to cap court-overseen professionals’ hourly rates. He said he will also pursue legislation in the fall to change a state law that holds the estates of dependent adults responsible for paying both sides of any legal fight arising from fee disputes.

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California Legislator Wants Conservator Fees Capped Throughout State

See Also:
The Mercury News’ “Loss of Trust” Series (Anchor article)

Effort to Curb Abuse by Legal Guardians Advances in Senate

The Senate Judiciary Committee backed a measure designed to help state courts improve their handling of adult guardianship cases in an effort to prevent exploitation of seniors and the disabled.

The amended bill (S 1744) would authorize grants for the courts to update their practices on guardians overseeing adults who are unable to manage property and accounts, as well as conservators tasked with managing adults’ estates.

The Judiciary panel approved the measure in a 15-3 vote, with Republicans Jeff Sessions of Alabama, Tom Coburn of Oklahoma and Mike Lee of Utah opposing it.

“I know every state has incidences of people getting ripped off millions of dollars when their loved one is supposed to be under the care of a guardian,” said Minnesota Democrat Amy Klobuchar , the bill’s sponsor. “Most guardians do amazing work, good work, but . . . [some] are causing a lot of harm.”

Klobuchar is the chairwoman of the Judiciary panel’s Subcommittee on Administrative Oversight and the Courts, which held a hearing last year to examine court-appointed guardians for seniors and the disabled.

“It is a moral imperative that we take action,” Klobuchar said at the Sept. 22 hearing, citing a Government Accountability Office report on wrongdoing by guardians.

The 2010 report identified hundreds of allegations of physical abuse, neglect and financial exploitation by guardians. In 20 selected cases, the GAO found “guardians stole or otherwise improperly obtained $5.4 million in assets from 158 incapacitated victims, many of whom were seniors” and in some instances “also physically neglected and abused their victims.”

The report also revealed instances in which courts failed to adequately screen potential guardians or oversee guardians once they were appointed.

Under Klobuchar’s bill, the Health and Human Services Department could award grants to state courts to be used for assessing how they appoint and monitor guardians and conservators, as well as for making any needed changes to their practices. Recipient courts would be directed to work with their state’s aging and adult protective service agencies.

The bill also would require HHS to give the State Justice Institute (SJI) an opportunity to weigh in on how the grants are awarded, and HHS may also consult with the Justice Department.

Established in 1984, the SJI is a nonprofit corporation governed by an 11-member board composed of state court judges, members of the public and a state court administrator. It is tasked with promoting greater coordination between state and federal courts.

The bill would include no new funding. Rather it would tap into existing grant funds. It has the backing of groups such as the AARP, the American Bar Association, The National Center for State Courts and The National Guardianship Association, Klobuchar said Thursday.

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New Effort to Curb Abuse by Legal Guardians Advances in Senate

See Also:
Guardian Accountabilty and Senior Protection Act Passes Senate Today

Colorado Legislative Session Includes Protections for the Disabled

When the regular session of the General Assembly of the Colorado Legislature adjourned May 9, it left a legacy of two laws that are intended to protect people with disabilities and at-risk adults from harm.

The first, Senate Bill 78, was co-sponsored by our own Sen. Ellen Roberts and supported in the House by Rep. J. Paul Brown. This bill strengthens the language requiring certain professionals to report suspicions of abuse, exploitation, neglect and mistreatment of at-risk adults, including people with disabilities and elders. The bill also creates an Elder Abuse Task Force to make recommendations at the 2013 General Assembly for a process of reporting and response to allegations.

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Legislative Session Includes Protections for the Disabled

The Guardian Accountability and Senior Protection Act Passes Senate Judiciary Committee Today

U.S. Sen. Amy Klobuchar’s legislation to protect seniors from neglect and abuse by guardians passed the Senate Judiciary Committee today (Thursday, July 12) with a 15-3 vote, paving the way for a vote in the full Senate.

The Guardian Accountability and Senior Protection Act, co-sponsored by Senator John Cornyn (R-TX), would protect seniors and persons with disabilities from neglect and financial exploitation by improving oversight and accountability for court-appointed guardians and conservators.

“While most court-appointed guardians are undoubtedly professional, caring and law-abiding, there is mounting evidence that some guardians use their position of power for their own gain,” Klobuchar said. “This is a positive step forward for this critical legislation that would help increase accountability and oversight of guardians and protect those who are most vulnerable.”

Klobuchar’s legislation would provide support to states to implement programs to increase oversight of guardians and conservators. Specifically, the bill provides funding for state courts to assess the handling of proceedings relating to guardian and conservators, and then make the necessary improvements to their practices. The bill sets aside a portion of the funding for states seeking to implement or improve systems for conducting background checks on potential guardians and conservators. It also authorizes state courts to implement an electronic filing system in order to better monitor and audit conservatorships and guardianships.

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Klobuchar Legislation to Protect Seniors From Neglect and Abuse Passes Committee

See Also:
Senior Klobuchar Pushes ‘Guardian Accountability and Senior Protection Act,” S.B. 1744

Hennessey’s Adult Guardianship Legislation Signed by Governor

7/6/2012

HARRISBURG – Major legislation authored by Rep. Tim Hennessey (R-Chester), chairman of the House Aging and Older Adult Services Committee, which would bring the Commonwealth in line with 29 other states in dealing with adult guardianships and protective proceedings, was signed into law by Gov. Tom Corbett Thursday. Hennessey’s House Bill 1720 is now Act 108 of 2012.

“I’d like to thank Governor Corbett for signing this much-needed proposal into law, because it will help our seniors to prevent the abuse of themselves and their property, and help bring them peace of mind,” said Hennessey. “There was a cooperative effort put into the final legislation, with many individuals and groups having input. I am grateful for all of the hard work put into the new law.”

The new law enacts the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, which sets the ground rules for determining which state would have jurisdiction over adult guardianships, conservatorships and other protective proceedings. The act also sets up a system for resolving multi-state disputes.

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Hennessey’s Adult Guardianship Legislation Signed by Governor

OH: Bill Aimed at Helping Victims of Elder Abuse

Ohio Rep. Mike Dovilla (R-Berea) is sponsoring a bill aimed at helping victims of elder abuse and financial exploitation.

According to a press release from Gov. Mike DeWine’s office, the Ohio Elder Justice Act will update current law to improve the response to elder abuse victims by strengthening Adult Protective Services in Ohio. Dovilla worked with DeWine’s Elder Abuse Commission to draft the proposed legislation.

Some of the key provisions of the bill include:

• Requirement of the Ohio Department of Job and Family Services to create a registry to help identify patterns of reported abuse.

• Obligation of employees in various financial service industries to report suspected elder abuse to help prevent the elderly from falling victim to financial crimes.

• Establishment of a statewide Elder Abuse Commission to increase awareness and research, formulate and recommend strategies to improve policy, funding and programming, and identify opportunities to coordinate statewide efforts to address elder abuse.

Source:
Bill Aimed at Helping Victims of Elder Abuse

MI Governor Signs Senior Protection Legislation

Gov. Rick Snyder signed a 10-bill package to protect Michigan’s senior citizens and vulnerable adults. The measures encourage the reporting of elder abuse and strengthen penalties for those who are convicted.

“The abuse of seniors and vulnerable adults is one of the fastest growing crimes in our state, and law enforcement agencies will now have better tools to help protect potential victims from financial and physical abuses,” Snyder said.

The governor called for the legislation’s passage in his special messages on health and wellness and public safety.

Sen. Tonya Schuitmaker sponsored Senate Bills 461, 464 and 466 in the package.

Senate Bill 461 prevents a person from benefiting from the estate of a deceased person if the person who is to receive benefits has been convicted of abuse, neglect, or exploitation. SB 464 increases coordination between state and local authorities to expedite abuse investigations. And SB 466 establishes a public notification system for missing seniors, similar to the Amber Alert for missing children, called the Mozelle Senior or Vulnerable Adult Medical Alert Act. The measures are now Public Acts 173, 175, and 176 of 2012.

Other bills in the package are:

SB 454, sponsored by Sen. Mike Nofs, allows vulnerable adult victims to give court testimony via closed-circuit television or prerecorded video. It is now Public Act 170 of 2012.

SB 455, sponsored by Sen. Tory Rocca, provides sentencing guidelines to enhanced punishment for criminals who fraudulently obtain a senior’s signature. It is now Public Act 169 of 2012.

SB 457, sponsored by Sen. Patrick Colbeck, allows county medical examiners to establish death review teams to investigate the unexpected death of a vulnerable adult under suspicious circumstances. It is now Public Act 171 of 2012.

SB 459, sponsored by Sen. Judy Emmons, increases the penalties for the financial exploitation of vulnerable adults and strengthens the punishment for criminals who fraudulently obtain a senior’s signature. It is now Public Act 172 of 2012.

SB 462, sponsored by Sen. Steve Bieda, establishes reporting requirements for employees of long-term care facilities when they suspect or have knowledge of abuse and neglect at a facility. It is now Public Act 174 of 2012.

SB 465, sponsored by Sen. Dave Hildenbrand, strengthens penalties for criminals who embezzle from seniors. It is now Public Act 168 of 2012.

SB 468, sponsored by Sen. Goeff Hansen, prohibits a court magistrate from refusing complaints of abuse against vulnerable adults that are filed by someone other than the alleged victim. It is now Public Act 177 of 2012.

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Snyder Signs Senior Protection Legislation

Schumer Pushes for Legislation to Fight Elder Abuse

By Thursday afternoon, millions of people had read or heard reports of an elderly bus monitor in suburban Rochester who was ruthlessly bullied by a group of middle-school boys.

The incident prompted an outpouring of support for the 68-year-old woman and a swift response from authorities. It was a case of highly reported elder abuse.

But most elder abuse cases don’t receive so much attention. In fact, thousands of cases of elder abuse in upstate New York don’t get any.

According to a study by Lifespan of Greater Rochester Inc., approximately 260,000 seniors statewide are abused annually, and only 1 in 24 cases gets reported to authorities. Abuse includes financial exploitation and physical and emotional abuse or neglect.

According to estimates, there were approximately 3,500 cases of elder abuse in Chemung (1,530), Schuyler (267) and Steuben (1,710) counties in 2010. The counties had a total senior population of approximately 45,000 in 2010.

U.S. Sen. Charles Schumer, D-N.Y., said the state’s elder abuse situation is unacceptable, and he’s pushing for comprehensive legislation to address the issue.

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Schumer pushes for legislation to fight elder abuse

Funding for Louisiana’s Elder Unit Moves to Health Department

Some Louisiana lawmakers and most state Council on Aging officials celebrated during the session when legislation was defeated that would transfer the investigation of elderly abuse cases from the Governor’s Office of Elderly Affairs to the Department of Health and Hospitals.

But since the state budget transferred the funding and staffing for the investigations to the health department, the move has begun without the legislation authored by Sen. Sherri Smith Buffington, R-Keithville.

“With HB1 becoming law, elderly protective service functions from the Governor’s Office of Elderly Affairs will now be transferred to DHH,” said health department Secretary Bruce Greenstein.

“To be clear, this action does not merge GOEA and DHH, and it has no impact on Councils on Aging or Area Agencies on Aging,” he said. “This transfer consolidates adult and elderly protective services under one roof, eliminates duplicative services, more effectively leverages resources, and, most importantly, better serves vulnerable populations throughout the state.”

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Funding for La’s Elder Unit Moves to Health Department