Elder Law News

In California, A Bill Against Elder Abuse Signed Into Law

A new bill recently signed into law by Gov. Arnold Schwarzenegger offers fresh protection from scams for seniors. Senate Bill 1018, by state Sen. Joe Simitian, and co-authored by Democratic Assemblywomen Patty Berg and Lois Wolk, requires banks and credit unions to notify authorities when they see suspicious transactions that seem to suggest that someone is trying to bilk an elderly person of their savings.

"I hope this sends a message to the crooks and scammers who want to drain an older person's bank account," said Berg. "And the message is we're going to shine a light on you, and you're not going to get away with it."

Berg, who served for 20 years as the executive director as the Area One Agency on Aging, has been calling for such a measure for years. It had consistently been blocked by the financial industry, which did not want to be held liable for failing to detect when a customer was being bilked.

But this year, all sides were able to able to reach an agreement that requires reporting while also protecting bank tellers from being sued by crime victims.

"Our older Americans have worked hard all their lives and should enjoy the fruits of their labor," said Schwarzenegger.

The law takes effect Jan. 1, 2007, giving financial institutions time to train employees on spotting and reporting suspected abuse.

Individual tellers will not be held responsible if they are wrong about a report or if they fail to report possible abuse. But state and local prosecutors could seek civil penalties up to $5,000 against the financial institution's failure to report suspected financial crimes involving elderly victims.

Health care professionals, social workers nursing home workers and members of the clergy were already required existing law to report suspected elder abuse.

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	Did You Know?
	Medicaid does not provide medical assistance for all poor persons. Even under the broadest provisions of the Federal statute (except for emergency services for certain persons), the Medicaid program does not provide health care services, even for very poor persons, unless they are in one of the designated eligibility groups. Low income is only one test for Medicaid eligibility; assets and resources are also tested against established thresholds.