09/28/2008 GAAS:676:08 FOR IMMEDIATE RELEASE Print Version |
Gov. Schwarzenegger Strengthens Protections for Older Californians
To combat elder abuse, Governor Arnold Schwarzenegger has signed a package of bills that will ensure care facilities for the elderly are prepared during disasters and power outages, provide law enforcement with more tools to ensure criminals who victimize the elderly are prosecuted and further protect against different forms of financial abuse.
"Protecting our growing population of older Californians and helping them feel safe and secure is a priority of mine. I am committed to fighting against elder abuse and these bills will continue to crack down on negligence and criminal acts that too often affect older Californians in our state," Governor Schwarzenegger said.
In an effort to have more suspected cases of elder abuse reported, the Governor signed AB 2100 by Assemblymember Lois Wolk (D-Davis), which requires ombudspersons at long-term care facilities to report cases of alleged or suspected physical abuse, including sexual abuse, and financial abuse to the local district attorney's office.
The Governor also signed AB 749 by Assemblymember Wolk to make sure elderly residents living in residential care facilities are not left vulnerable during and immediately following a natural disaster or other emergency. The bill requires residential care facilities for the elderly to have a comprehensive emergency plan by March 1, 2009 that ensures the facility can remain self-reliant for at least 72 hours. The facility must also make the plan available to residents and local emergency responders.
The Governor also signed the following bills to protect our state's aging population against financial abuses:
- SB 1140 Senator Darrell Steinberg (D-Sacramento) adds the action of taking, appropriating, obtaining or retaining real or personal property by undue influence to the definition of financial abuse of an elder or dependent adult. This bill also extends the statute of limitations for an elder or dependent adult to claim damages for financial abuse from three to four years from the date the plaintiff discovers, or should have discovered the abuse.
- AB 2149 by Assemblymember Patty Berg (D-Eureka) makes it harder for unscrupulous financial advisors to win the confidence of California's growing elderly population through regulating the use of "expertise" designations and requiring advisors to take training courses before claiming special knowledge in senior financial needs.
- SB 1136 by Senator Elaine Alquist (D-San Jose) will help stop a form of financial abuse against older Californians, by making it a misdemeanor to charge an "unconscionable fee" to qualify a person for a public social service benefit such as Medi-Cal.
- AB 2370 by Assembly Speaker Karen Bass (D-Los Angeles) requires Residential Care Facilities for the Elderly to annually post information regarding the facility's recent history of rate increases and also to disclose the rate increase information to new residents and, upon request, to prospective residents.
The Governor also signed AB 225 by Assemblymember Jim Beall (D-San Jose) to extend protections to family members and conservators of older Californians who have suffered from elder abuse. The bill allows the family member or conservator to be added to restraining orders that provide protection for the victim of abuse.
Governor Schwarzenegger has a long record of protecting older Californians and has previously taken a number of actions to provide for their safety and well being. Specifically, he signed legislation to increase criminal penalties for elder and dependent adult abuse, protect seniors from unscrupulous lenders when entering into reverse mortgages, require banks and credit unions to report suspected financial abuse and offer consumers information on who to contact about elder abuse and provide judges with additional tools to give restitution to elder and dependent adults who are victims of financial abuse.
To report a suspected case of elder abuse or dependent adult abuse, please call 1-888-436-3600 or visit http://www.cdss.ca.gov/agedblinddisabled/PG1298.htm.
