Current Legislation: Elder Abuse: In the current session of the California Legislature, there are some bills that have been introduced that should be investigated and considered by legislators as possible remedies to the problems and policy recommendations described above.

14 These bills include:

• AB 140

1. (Dickenson): this bill proposes to update the outdated, unclear legal definition of the term ‘undue influence.’

• AB 381

1. (Chau): this bill would authorize the recovery of attorney’s fees where property of an elder’s estate is wrongfully taken through financial abuse or by a power of attorney.

• SB 60

1. (Wright): this bill specifies that elders and dependent adults who are victims of financial exploitation should have access to and be eligible for compensation from the Victim Compensation Fund.

• AB 849

1. (Garcia): this bill adds victims of elder abuse to existing law protecting confidentiality of victims of violence.

• SB 612

1. (Leno): this bill modifies existing law to allow a victim of elder abuse to avail of more professional support resources to assist in terminating a tenancy.

• AB 462

1. (Stone): this bill mandates that RCFE’s install and maintain operable fire sprinklers in their facilities for resident safety.

• AB 261

1. (Chesbro): this bill prohibits an RCFE from requiring advanced notice for termination of an admission agreement upon a resident’s death, prohibits the facility from assessing any fees once the deceased personal property is removed, and may also include language around refunding fees paid after resident death.

• SB 609

1. (Wolk): this bill increases penalties for long term care providers that inhibit the Ombudsman program’s access to residents or interfere with State efforts to investigate facilities.

• AB 477

1. (Chau): this bill would make notaries public mandated reporters of suspected financial abuse of elders and dependent adults.

• SB 272

1. (Corbett): this bill would prohibit businesses (and other non-governmental entities) from using the deceptive practice of displaying military designations to appeal to elder veterans and their families when marketing their non-military products and services.

• AB 553

1. (Medina): this bill would require that a senior applying for a reverse mortgage fill out a reverse mortgage suitability checklist and pre-counseling self-evaluation worksheet to ensure that they understand the suitability and terms of the reverse mortgage. This is to help ensure that seniors are not sold mortgages that they do not understand and/or that are not a good fit for their needs.

About the Author

Attorney Steven Peck has been practicing law since 1981. A former successful business owner, Mr. Peck initially focused his legal career on business law. Within the first three years, after some colleagues and friend’s parents endured nursing home neglect and elder abuse, he continued his education to begin practicing elder law and nursing home abuse law.