Elder Financial Penal Code(EFPC)

UWPL's Law Suggestion for California:  to combine WIC, Penal Code & Elder Code to be as One Code for simplification 

plus...

Mandatory Reporting Under California Laws

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  Financial Abuse to the Elderly   

Financial Elder Abuse ~ Mandatory Reporting & Overview

Mandatory Reporting of Financial Elder Abuse

Please note: The California Laws & Codes listed on this page are not updated regularly.

FORMS:    Adult Protection Services, Local Law Enforcement and Local Ombudsman Fill Out These Reports

       In the white papers about all the complaints, issues, problems with why reports of this type aren't done, it's best to listen to the specialty studies and listen to The White Papers of the Professionals.  Keeping in mind, the Victim is one person suffering from Reports not being done; but the families go through suffering if reports aren't filed; it's all so very painful, but the proper authorities Police, APS, Ombudsman are supposed to file a report upon the first announcement of Financial Elder Abuse.  Can you imagine what the authorities have to listen to everyday?  However, it's the responsibility for each and every report of Financial Abuse to an Elder or Disabled Person to be investigated by the appropriate authority division, and a Specific Form SOC 341 or SOC 342, is a very simple start to put something on paper to acknowledge the possibility once spoken of; leading to writing a first report at the first call of the abuse.  In case you are an authority and need a blank copy of these forms, we have in a link above to assist.  That's the beginning for reporting, and it's the law stated in Welfare & Institutions Code (WIC) 15610.40:

15610.40. Investigation means that activity undertaken to determine the validity of a report of elder or dependent adult abuse.  

 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    

The basics of Financial Abuse in our California Penal Code (CPC) §368, Welfare & Institutions Code (WIC) 15610.30. brings specific procedures to be followed.   This is a very confusing process, as the word embezzlement throws people off at times, this is where suggestions of law changes come into view.  More reporting abilities should be in place; because without the form being filled out & processed through agencies of authority, nothing will ever be investigated.

Mandatory Reporting Agencies should have appropriate training to know when abuse is happening.  Then for investigation into allegations to occur, a contact with Adult Protective Services (APS) must be done.  Then APS has a form they must fill out called SOC 341 or SOC 342 form is filled out by Adult Protective Services (APS) after they receive a report from a Mandatory Reporter, and must be filled out for an investigation to be begin.  This leaves so many Elderly & Disabled Persons without assistance regarding any allegations of Financial Elder Abuse.  

Financial Institution Mandatory Reporters:  Financial Elder Abuse Form SOC 341 or SOC 342: Financial Mandatory Reporters have this special form that will be used for this type of abuse.  However, due to the laws representing issues of Financial Elder Abuse, not all abuse is reported because of criteria written in our Welfare & Institutions Code and limited Penal Code in California not covering all aspects of Financial Elder Abuse.  The Mandatory Reporter -Bank, Financial Institution, will make a call to Adult Protective Services (APS), then APS will fill out this form called a SOC 34​2​​, then an investigation will occur.  However, if this form is not filled out, the Elder/Disabled Person is not going to get the help needed.  Remember to always make sure a CONFIDENTIAL REPORT ■ HEALTH AND HUMAN SERVICES AGENCY CALIFORNIA DEPARTMENT OF SOCIAL SERVICES ~ REPORT OF SUSPECTED DEPENDENT ADULT/ELDER ABUSE is filled out.   

Non-Financial Institution Mandatory Reporters:  The form and instructions are on the back of the form# SOC 341 is to be filled out by APS if the Mandatory Reporter is a Hospital, Caregiver, Care Home, Senior Livin g Home, or other Mandatory Reporting Person, the rules and laws are on pages 3 to 5 of this form.

Then, here is the WIC Laws in place for Adult Protective Services (APS) and their response to Elder Financial Abuse in California, Adult Protective Services Code for investigations, a report must be made for all Financial Elder Abuses ~ WIC: 15610.40 About Police Departments, Adult Protection Services, District Attorneys, investigating Financial Elder Abuse must be done with every call.

In Financial Elderly Abuse laws, codes, literature, white papers, the one thing thought of is what do you do as a Victim of Financial Elder Abuse?.   Majority of laws representing Financial Elder Abuse is not Penal Code: any financial offense involving an Elderly or Disabled Person must have a Penal Code Laws representing such violation.  Because the laws are spread into Welfare & Institutions Code, Civil Code, Code of Civil Procedure, Rules of Evidence, and very few Penal Codes, a Report is the first thing that must happen for allegations of Financial Elder Abuse.  Those whom have been through it, lived through it are able and ready to say enough.

      With this small amount of information, this assists to get the report taken, then filed, and details in the Report make all the difference.  Please take a look at our brief entrance into Mandatory Reporting of Financial Elder Abuse.  The forms are above in links take a look at, just click the form number to take you to the form.

Financial Elder Abuse  - Mandatory Reporting:

      It's one thing to love your Mom and Dad, but 'Love' doesn't mean coercing money & contracts out of your 87-year old Mom or Dad.  Welfare & Institutions Code states coercion to an Elder/Disabled Person' is against the law in ~ WIC 15610.70 (a) (3) (B).  But after the damage is done, what happens?  The Elderly, based on California Law, to obtain restitution of losses from Financial Elder Abuse, must go to Court as a Victim.  Laws are set up in a way where it's extremely difficult to even get an investigation going for  the Victim.  

      At the bottom of this page, we have the forms that Adult Protective Services (APS) need to fill out if a report of Financial Elder Abuse occurs.  There are Mandatory Reporters that are supposed to have appropriate training; yet many Victims fall between the lines of our California Laws.  If a specific form is not filled out by Adult Protective Services (APS), there will be no investigation.  See below the information provided in our section titled: 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.  

See more below about WIC 15610.70 (a) (3) (B)The issues that UWPL has with the WIC 15610 (a) is that persuasion or coercion of an Elderly/Disabled must be in Elderly Penal Code, yet also enforced.  This is why WIC 15610 (3)(B) may not have the strength needed for Elderly/Disabled: 

  • Any Coercion, Intimidation Affection, Persuasion Injures the Elder/Disabled Person leaving them Helpless - our suggestions of a separated Elder Penal Code would then be equal to Assault under the Financial Abuse Division we've written

It's illegal to coerce an Elderly & Disabled Person.  Remember to document everything to give the authorities a big picture of what's going on.  

Phone Coercion of an Elderly/Disabled Person Should be Considered an Assault:

       Proving this coercion - as some of the telephone conversations.  This is one big area where Elderly/Disabled get conned.  Problem is, there's no receipt for a phone call coercion by someone to the Elder/Disabled Person, as a majority cannot be proven without a recording, caller i.d., that's what we have today.  If we think of a telephone in the capacity of the operation of a criminal offense, then the phone is a weapon.  This would be a Criminal Offense of an Elderly/Disabled person due to the phone coercion: qualifying for a Treble Punishment Crime (TPC). 

       However, with our suggestions, any calls would be recorded at the Elderly/Disabled Persons home/business once the abuse happens, the Victim pushes one button for the Authorities to be notified.  Key words, phrases, and other investigative tools are programmed in to depict specific patterns in the conversation-and auto alert kicks in-automatically notifying the Authorities abuse could be happening.  It also documents - even from a blocked call, the location including address and name of the Abuser directly on the conversation printout; automatically notifying all respective agencies a phone coercion abuse is taking place. 

      Speaking about all of this, there's a special telephone and program system - we designed/abstract for called Elder-Star/© 2012-2018 Copyright UWPL, that will not only do a print out of the call -word for word-, it will fully record each entry of this type of abuse, and send notification to all respective agencies such as the Police and APS.  Different ideas are mentioned by some of the top names in Financial Elder Abuse Prosecution, but this system is one direction in assisting to abolish telephone coercion.  With this in place, the Abuser gets caught before they hang up the phone.  Now that's what I call justice for the Victims.

Elder Stalking Using Coercion is a Continual Elder Abuse under Proposed Laws:

       There's a special feature built-in the Proposed Laws that deals directly with Elder Stalking.  Let's say there's a person asking an Elder/Disabled Person for a signature on a Coerced Contract, that also qualifies under the Proposed Elder Stalking Laws.  Here's why: for the simple reason the Abuser wants something Financial with the Elderly, and the Elderly Person said No - leave me alone.  That's the first qualifier.  However, the Abuser keeps coming back ~ over and over...but it only takes one time, then a second time qualifies for the Elder Stalking Law, that is a definite Elder Penal Code - under Assault, Stalking, and Financial Elder Abuse.  Each of these crimes carry the Treble Punishment Crime (TPC) codes to punish the Abuser getting justice for the Elderly/Disabled Person.

       Evidence rules indicate a person prove that phone call or conversation actually happened.  With this new system, it could save extensive investigation hours, help to punish the Abuse; giving the Victim peace of mind.  The way the laws are written currently, the Authorities concentrate more on, for example the Abuser taking the Victim to the bank, or causing documented bank transactions that's visible...you could prove that.  Not easy to prove a phone call, that's why the Abusers continue; laws allow this Abuse.  

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

the Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection...

Grandma & Grandpa must face Abuser in Court for Financial Restitution

It's not fair for the Elderly/Disabled being Forced to Face their Abuser to obtain their Money back from that Abuser     

Prosecutors Seek More Protections against Elderly Financial Crimes, Penal Code is the Teeth to Punish

      Welfare & Institutions Code must be utilized for reporting Financial Elder Abuse crimes yet it takes a Penal Code for a Police report.  The Police can't write reports regarding Welfare & Institutions Codes; leading the Elderly/Disabled Person to get justice for Financial Elder Abuse. 

       Our suggested Elder Financial Penal Code (EFPC) is designed to fill the gray spaces of current Elder Laws, while providing more defined laws to assist in Punishing Abusers.  The current WIC & Penal Code Law Systems want all the "Financial Elder Issues" to be considered a Civil Matter when persons under the age of Sixty-Five (65) there's more law protections under current Penal Codes.  Making a statement of deserving of Special Consideration & Protection -it's written for reason.  UWPL is breaking down issues with current laws, finding the Legislature is in effect making a statement in CPC 368(a) that leads to over $33-Billion in tax payer loss.  When reports of abuse aren't filed, the numbers in Victims rise, and we the people all now must foot the bill as Grandpa used to say.  We bring suggestions plus positive direction Elder/Disabled Persons. 

       In the White Papers, these issues are brought up that the system must change; putting specialists in place to assist in assuring Financial Elder Abuse is avoided, we need a system that works.  We've found the Welfare & Institutions Code must be enforced to do the job it's written for.  We also know that Police Reports are not filed as stated in the White Papers , and our California Legislature brings a light in as well with:  ACR 238: Assembly Concurrent Resolution #238, suggested by: Assembly Member Ash Kalra Month of June is Elder and Dependent Adult Abuse Awareness Month in California ~ California Senate Concurrent Resolution No. 140, Ch.110 Senate Concurrent Resolution No. 140  CHAPTER 110 Relative to Elder and Vulnerable Adult Abuse Awareness Month. [ Approved by Governor June 27, 2018. Filed with Secretary of State June 27, 2018 SCR 140, Senatory Dodd Elder and Vulnerable Adult Abuse Awareness Month.

Adult Child Coerces 87-Year Old Mother into a Contract for a New-Car:

      A Pen usually has one purpose and that is for signing something.  Well at UWPL we would like to bring in the 65-Too Law as a unique protection of the signature of an Elderly and/or Disabled Person. If an Abuser, by example, in which let's say an adult child pushes elderly parents to sign a Contract.  Regardless of anything, no Company should allow an adult child to push elder parents into a contract.  We need more protections to protect the Elderly from being conned out of their money.  The Police feel it's considered a civil action, then the Elderly must go to court for restitution.  The laws written in California Penal Code (CPC) §368(a)(b)(1)(c)(d) as well in Welfare & Institutions Code (WIC) 15610.30. (a)(1)(2)(3) Financial abuse of an elder or dependent adult occurs when a person or entity does any of the following...   We look forward for the support of our suggestions the with specific divisions of current laws for the Elderly. 

The Credit Card, ATM Card, Pen & Signature, and Phone Coercion all being Equal to an Assault of an Elderly and/or Disabled Person:   

      Credit Cards & ATM's - when an Elderly/Disabled Person is pushed or asked and they don't want to do something, we feel this is a category of Personal Assault having the equivalent of Physical Assault.  No Elderly/Disabled Person should ever be subjected to this; making it easier to prosecute by dividing the codes Elder Financial Penal Code (EFPC), making this a Treble Punishment Crime (TPC).  Clearly speaking of the current Penal Codes in California, although there's mention of Financial Elder Abuses, there's no mention of Credit Cards, ATM Cards, then there's a Pen handed to an Elderly Person.  Each detail in law assists in deciphering what is and isn't against the law.  A pen usually is just a pen, but if we think about it when an Elderly and/or Disabled Person is involved, the stakes are higher, the way we see it.  There are suggestions stated in our White Papers page.  Laws for Financial Elderly Abuse protections ensures more peace of mind with our suggestions.  Giving Prosecutors a sure path to justice for Victims; instead of sending the Elderly and Disabled Person to Court for their individual financial abuses.  California Penal Code §368 just needs wording to be slightly different for more protection; that would be a great start.  

This is a Suggestion the N.O.T.T.E.:

  • Anyone age 65-to have protection of a Notary Ombudsman for the Elderly/Disabled utilizing a N.O.T.T.E. as a witness
  • Protecting the Elderly/65-Too Person from Coercive/Passion Financial Abuse
  • Adding the-Pen-ATM-Credit Card-Phone as Actionable Offenses to Penal Codes & Dividing Current Codes to be specific to Elder/Disabled Financial Abuse
On-Lookers - Open your Eyes if You Witness ... Get Help:

       An On-Looker is an everyday individual - like a prudent person having witnessed something, should get to the authorities mentioned above.  Yet you could be a possible witness to Elderly Financial Abuse.  Remember to always keep the Elderly & Disabled at first thought for safety & well-being. 

       Many times, people seek help from the Authorities, yet aren't provided the help needed to stop abuse.  In Welfare & Institutions Code for Elderly/Disabled relating to Financial Elder Crimes, still doesn't always work to get reports written and investigated.  The Authorities are limited based on current laws, but with what we have in place already, an investigation still must happen; therefore a report must be made to get that started.   

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