There was an article in The Elder Law Advocate, Vol. XXVIII, No. 2. Spring 2021, Capitol Update by Brian Jogerst titled “Lawmakers consider legislation to protect elderly and vulnerable adults against a backdrop of budget reductions and safety protocol.” Jogerst explains the changes in the law passed to help the elderly and vulnerable adults.
Protection for the Vulnerable
The changes to the law include expanded protections for vulnerable and exploited adults. The legislation expanded the jurisdiction of the Office of Statewide Prosecutor to prosecute crimes against the elderly and vulnerable adults. The bill expands the definitions of “improper benefit” and “kickback” that more closely track the guardianship modifications and rewrites adopted during the 2020 Session.
Here are some of the changes in the updated version of the law:
- Clarifies that fiduciaries should be performing their responsibilities in the best interest of the principal or ward.
- Provides additional methods of proving abuse of an elderly person or disabled adult due to the intentional isolation of vulnerable adults from their family members.
- Enhances provisions addressing the conduct of an exploiter who changes the terms of a will or trust of a vulnerable adult in order to benefit him/herself or a co-conspirator.
- Revises the injunction against exploitation of an elderly or vulnerable adult. It allows a person with a power of attorney to file for a 15-day injunction and allows an additional 30-day extension for the injunction.
- Prohibits a person who has been found guilty of exploitation from subsequently receiving an inheritance from the person he or she exploited.
Further protection in other bills includes requiring certain entities, as condition of licensure, to provide dementia-related training for new employees, with such training to be developed by or approved by the Department of Elder Affairs. Another bill authorizes courts to appoint elder caring coordinators and to refer certain parties and elders to elder caring coordination programs.
If you have more questions regarding an Elder Law matter, you may call Ann Marie Giordano Gilden at Ann Marie Giordano Gilden, P.A. at 407-732-7620 and set an initial consultation.
This article is for informational purposes only and does not form an attorney client privilege.