Up With People Legal

Mandatory Reporting Agencies regarding Financial Elder Abuse ...

We are soon to be a Non-Profit with an Organization status of 501(c)(3). At Up With People Legal (UWPL) we have no Attorneys on staff, and cannot provide any legal advice. If you are looking for an Attorney, for your convenience we're providing the Contra Costa County Bar Association's telephone number at: (925) 686-6900. We also have conferences that can be scheduled regarding Mandated Reporting Agencies with insight in Elder and Dependent Adult Abuses that also include Financial Elder Abuse Seminars. Community is everything, our Elderly & Disabled are a big part of that Community. Up With People Legal offers, for the Elderly & Disabled Persons, information and assistance needed; specific locations upon request. Contact us today for a conference price for your entity.

See our section we suggest that could assist in getting more reports of F inancial Elder Abuse done, and more information regarding Mandatory Reporting Agencies and Adult Protection Services Must Fill Out a Specific Form SOC 341 or SOC 342 , or the Financial Abuse won't be investigated

UWPL we put value in everything we do. It's going the step.

We're suggesting a new movement in Elder Law with a Dedicated Penal Code for all Elderly Crimes, beginning with Financial Elder Abuse Laws: a Specialized Penal Code for Elderly Financial Crimes with our suggested Elder Financial Penal Code (EFPC), would give 'Teeth' to take a bite out of Elder Financial Crimes. Currently Laws are mixed, spread within the Penal Code, Civil Code, plus Welfare & Institutions Code (WIC); providing minimal assistance for Victims.

Do we ever think of things like Financial Laws to Protect the Elderly & Disabled?

We do. Below we bring up Welfare & Institutions Code (W&I C), as Elder Financial Theft isn't Penal Code in California, If mor e Financial Elder Abuse was considered to be a crime under Penal Code, it would be better

UWPL's Research Brings Financial Elder Abuse~The White Papers, Authoring new Financial Elder Abuse Laws vs. Current Financial Elder Abuse Laws

Due to Growth in Financial Elder Crimes, More Defined Laws, Systems, and Procedures should be in Place to Protect the Elderly & Disabled Finding the Following:

Financial Elder Abuse Reporting should Require Regular a Yearly Re-Training/Tests to Assure Mandated Reporters Have all they Need to File Reports
A Separate & Divided Penal Code Specific to Financial Elder Crimes -see our Suggested Elder Financial Penal Code (EFPC) it makes sense to Divide it
Reporting Laws not being followed for Financial Elder Abuses, leading to Continual Abuse: New Penal Codes/System for Elder Crimes would be Better
Elder/Disabled Victims can't Afford a Lawyer to get Restitution; Many too ill, Frail, to Go To Court to Fight for Thousands, Where's Penal The Code?
CA Penal Code §368(a)(d) states:Embezzlement-->but generally used in Corporate issues, a more definitive code system for the Elderly is a suggestion
CA Penal Code §487(a)(b)(3) is Misd. to Felony for theft of $950.00 for Victims age 0 to 65, Elderly get -->W &I C §15610.30. (a)(1)(2)(3) Financial abuse of an elder, no penal code unless certain criteria of abuse is experienced by the Victim
Suggestion: Welfare & Institutions Code could have a fund to pay for the Elderly as they must go to for Court Cases of Financial Abuse
All Laws involving Money is Penal Code, law suggest an entire Penal Code System for the Elderly
Not only Elderly/Disabled pay for Financial Elder Abuse: America is Paying a $33 Billion for the Cost of Continual Financial Abuses of the Elderly

Up with People Legal and Financial Elder Abuse Laws. Studies & Statistics show an extensive growth in 2018; suggesting new systems in Elder Financial Laws. A Dedicated Penal Code for the Elderly is a wonderful idea... says a Representative of California Attorney General's Office in mid 2018. In addition, an entire Financial Elder Penal Code Division will go even further than current law allows.

In articles from Professionals seen in the June 2018-White Paper ~ Written by STEPHEN DEANE of our U.S. Securities & Exchange Commission (SEC) seen in our Resources~Articles~Links section, it's called Elder Financial Exploitation but it's all the same. Then next, there's a White Paper" from Page Ulrey, J.D., who is also a Professional as she is a Prosecutor at the Kings County Prosecutor's Office in Seattle, Washington, she indicates the issues in 2016 were growing. In 2018 the numbers have increased.

June of 2018: White Paper ~ U.S. Federal Reserve Bank, Payment Card Center has two individuals that also wrote a White Paper and here's a quote:

Senior financial crimes are vastly under reported: It’s estimated that for every 44 cases of senior financial abuse, only one is reported to authorities. Many victims prefer to deny their involvement, while others may not realize they have been victimized.

In their The White Papers of the Professionals, indications of change is needed, plus they suggest entire & new systems for a better way to manage reports of Financial Elder Abuse. Another way in abolishing abuse, have stricter guidelines for punishing abusers. We suggest Treble Punishment Crime (TPC) for Elderly Financial Crimes: the right punishment for the right crime.

We began our extensive research with California Penal Code (CPC) §368(a), that led us to many different and wide-spread laws in the California Welfare & Institutions Code (WIC), and to our California Civil Code. We found some alarming statements by our Legislature that apparently and seemingly so to the reader of the law in CPC §368(a), as we point out below, to not uphold a promise of "More Laws for Elderly/Disabled Persons than Children". This promise isn't being held to it's written form; leading to more Victims of Financial Elder Crimes to continue.

Up With People Legal is here to help keep you more informed with laws regarding Financial Elder Abuse.

California Penal Code (CPC) §368(a) as it states,

CPC §368(a) The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection, not unlike the special protections provided for minor children...

As it's stated of special protection isn't what we found at all in our research of Elder Laws. By designing a new Financial Elder Penal Code Section, we're allowing the extensive coverage needed, deserved, and as it promises & states in CPC §368(a) of Special Protections . Up With People Legal is Proposing & Suggesting Elder Financial Penal Code (EFPC).

...from our Founder:

In California I speak now, through the information in this website, to our Legislature, State Assembly Members, Representatives, Senators, Governor, in the United States-to the President, to all of Congress, U.S. Representatives, Congresswomen, Congressmen, to our Judicial Officers, Judicial Council of California, United States District & Circuit Courts, plus our Superior Court of California, Appellate Court, Supreme Court: I bring these ideas of Law for the Elderly & Disabled for the many Persons to be Covered by these Suggested Laws for an Elderly/Disabled Adult/Person:

By dividing the Penal Codes & All General Laws from "0 to 64.99 years old being Penal Code Level One (1), and 65 - Plus years old being Penal Code Level Two (2), it's simple. Simple Law leads to better results. Then by separating & dividing, it allows an organized Elder Law System, putting more in place for Police Agencies, District Attorneys, and allows more ease in the Prosecution, allowing ease in punishing Abusers. The Banks, Institutions, and specifics will be worked in under the suggested Elder Penal Code Section. Then further definitions for Financial Elder Crimes will be written together with Elder Penal Code designed for the Elderly & the Disabled, with suggested Elder Financial Penal Code (EFPC), making this a Treble Punishment Crime (TPC). Clearly speaking of the Current Penal Codes in California, through the Legal Specialists and Witnesses of Laws/Process/Procedure discussed in the White Papers on Financial Elder Abuse, they all say that Change must Happen...Sooner rather than Later. I ask in honor of the Elderly, to make a change in Elder Laws, to move ahead with a special movement in Elder Law, dedicating an individual division & sections just for our Elderly & Disabled called Elder Penal Code Section.

Hire us to assist in bringing instruction in for your Mandated Reporters; to reassure the knowledge is there, the tools are in place, as we hope to assist with putting a stop to Financial Elder Abuse...by stopping perpetrators before they start. - C.E.O. & Founder of Up With People Legal

Our Research in Financial Elder Laws:

Current Penal Code Current Civil Code Current WIC Code

We took a closer look and counted all of the different code divisions for Children in our California in the TITLE OF THE ACT THE PENAL CODE OF CALIFORNIA PRELIMINARY PROVISION, and found a total of Eight (8) separate divisions of Penal Code for Protection of Children. Then we looked for Elderly & Disabled Penal Codes and found only Two (2) separate sections written in-between other sections. In California Penal Code (CPC) §368(d) When we began researching these laws, the subject of Financial Elder Abuse as stated by working professionals, changes would be beneficial. "Embezzlement" as noted in CPC §368(a), normally, we think of 'Corporations' when referring to that word. Providing clear law divisions exclusively for specialized area of Financial Abuses the Elderly & Disabled is suggested. By standing tall, standing strong in law, gives message to abusers in California...no more abuse.

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We are not Attorneys at Up With People Legal. We cannot provide any legal advice.

If you are looking for an Attorney, we provide for your convenience the Contra Costa County Bar Association's telephone number at: (925) 686-6900

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Up With People Legal Staff ~ This is the C.E.O. of Up With People Legal

Go to the Brief Explanation: New Financial Elder Abuse Laws

A Non-Profit for the Elderly and the Disabled