Up With People Legal

Resources~Articles~Links

Please Note:  At Up With People Legal we provide information available to anyone on the internet as a tool alternate of your own research.  We at Up With People Legal are not Attorneys and cannot provide legal advice.  If you are looking for an Attorney, for convenience, we provide the telephone number for the Contra Costa County Bar Association at:  (925) 686-6900.  Thank you

Here’s some information we feel the Public should take a further look at pertaining to Financial Elder Abuse:

       During our research for Barbie's Law & 65-Too Laws, we found some interesting documentation we now pass on to you.  There's interesting Articles, Websites, White Papers, and more including in June of 2018 a new very lengthily White Paper from the United States Securities & Exchange Commission (SEC), Prosecutor Page Ulrey's White Paper about Elder Abuse/Reports/Procedures, and the list continues.  

White Papers on Financial Elder Abuse:

• White Paper - June of 2018-US Securities & Exchange Commission ~Office of the Investor Advocate: Elder Financial Abuse & Elder Financial Exploitation:  Why it is a Concern, What Regulators are Doing About it, and Looking Ahead Written by:  BY STEPHEN DEANE at the ~ Office of the Investor Advocate  ~ Elder Financial Exploitation  

• White Paper - June of 2018 - U.S. Federal Reserve Bank~Combining Forces to Combat Elder Financial Victimization How Consumers Can Avoid the Financial Pitfalls of Cognitive Aging and What They Should Be Asking Their Financial Institutions -      Written by:  Jeanne Rentezelas, J.D., & Larry Santucci

• White Paper ~  Sept. of 2016- A Prosecutor's Nightmare: From the 911 dispatcher to the patrol officer to the detective to the prosecutor--if just one of these essential players fails to recognize a report as criminal, the case will likely end there, with the exploitation continuing until APS or the family intervenes civilly, or the elder’s resources are gone...  Written by Page Ulrey, J.D., a Prosecutor in Washington speaking of prosecuting Elder Abuse, Financial Elder Abuse.  Please take a moment to read this.

• Enhancing the Justice System's Response to Elder Abuse:  Discussions and Recommendations of the Improving Prosecution  Working Group of The National Policy Summit on Elder Abuse ~ by: Candace 1. Heisler, J.D. and
  Lori A. Stiegel, J.D.  Improving the legal landscape by strengthening elder abuse laws  Increasing awareness within the justice system...

• White Paper  ~ Elder Justice Policy Highlights 2017-2018 The National Center on Elder Abuse (NCEA) seeks to spread awareness on current public policy efforts as well as understand, evaluate and inform policy development to ensure public policy includes effective practices concerning older people and elder abuse.

• White Paper ~  January 29, 2018  ~ Are you paying as much attention to Financial Elder Abuse as you should be? REGULATORS AND THE MEDIA ARE PAYING A LOT OF ATTENTION TO FINANCIAL ELDER ABUSE RECENTLY – ARE YOU? WHAT ARE YOU DOING TO PROTECT YOUR CLIENTS AND YOUR PRACTICE?

• White Paper ~ Financial abuse against the elderly most often committed by those closest to them...Two-thirds of financial crimes against the elderly are perpetrated by family, friends or other trusted individuals, Wells Fargo survey finds...

• White Paper ~ Protecting Seniors: American Bankers Foundation

Legislative Changes Must be Implemented 

Learn more about the suggestions made discussing 'Legislative Gaps in Financial Elder Abuse'

Abstract Title:

"Improving the Civil Legal Response to Elder Financial Abuse: Making the Law Matter"  

by Sarah M. Hooper, J.D., and Erika P. Falk, PsyD

       "The need for effective civil legal advocacy for victims of elder financial abuse far outstrips current resources. This article examines reasons why California has yet to address financial abuse more widely, despite a rich legal environment and statutory innovations designed specifically to enhance the legal response. The authors outline recommendations to galvanize the civil legal community. Further, the article details a research and community engagement collaboration in San Francisco, California to make “the law matter.” The process and recommendations may assist other jurisdictions to identify legislative gaps and to increase the utility of current legal protections." This paper is from 2015, but minimal legislature changes have been made: more must be done to stop the 'Coercion, Conning and Financial Hardships of the Elderly'      ...please read more by clicking here.

Financial Crimes Against the Elderly 2017 Legislation

by:  Heather Morton 11/17/2017

"Financial crimes and exploitation can involve the illegal or improper use of a senior citizen's funds, property or assets, as well as fraud or identity theft perpetrated against older adults."

"Thirty-nine states and the District of Columbia states addressed financial exploitation of the elderly and vulnerable adults in the 2017 legislative session. Twenty-four states enacted legislation or adopted resolutions." please, for more, click here

Mickey Rooney Went To Washington, D.C. on March 2, 2011, click below:

#WE Hear YOU, Mickey Rooney!

Mickey Rooney does even more in 2014 

"Raising Awareness of Financial Elder Abuse"

"In September 2011, Rooney's court-appointed conservator, Michael. R. Augustine, filed suit against the actor's stepson Christopher Aber, and the stepson's wife, Christina, alleging elder abuse and misappropriation of his likeness. The suit alleged that after Rooney let his stepson handle his personal and business affairs, the couple stole Rooney's money for their own use, kept him in the dark about his own finances, used threatening and abusive language, and refused him basic necessities like food and medicine. In October 2013, Rooney's conservator agreed to a $2.8-million stipulated judgment against the couple.

In 2011, Rooney testified before a Senate Special Committee on Aging, detailing his treatment. "Over the course of time, my daily life became unbearable," he said. "I felt trapped, scared, used and frustrated. But above all, I felt helpless."

"Rooney's words are as relevant and compelling today as they were in 2011," Elder Justice Coalitional National Coordinator Bob Blancato said in a statement today. "Advocates of elder justice are grateful for Rooney's courage and hope that progress can continue to be made at the national level to fight the epidemic of elder abuse in America."     for more click here...

Articles:

Brooke Astor

She was a Philanthropist, was taken advantage of by her own Son.  Please take a moment to read further about this wonderful woman.  All too well, we are needing more laws to rid Financial Elder Abuse.  I am a firm supporter of new legislation that will work; not shove under the rug one of the most horrible crimes that's overlooked by many.  I join the Grandson of Brook Astor ~  Philip Marshall in stopping the abuse.

The Family Astor

August 4, 2006 ~ by Meryl Gordon

"Anthony Marshall and his wife, Charlene, live in a sunny apartment on East 79th Street, lushly decorated with a grand piano and a wall of books. Last fall, long before the accusations that Anthony was abusing his mother, philanthropist Brooke Astor, I interviewed the couple with the goal of writing about Astor, who was 103 at the time and reportedly in ill health.

In our phone conversation, Marshall had promised to discuss his mother, but he had changed his mind once I arrived. After serving iced tea, he announced, “I really don’t want to talk about my mother. She can’t talk for herself, so I don’t think I should talk for her. Maybe you should have your drink and go.” Instead, he offered an ­alternative. “I thought that maybe you wanted to talk to me about my life,” he said, “which I would be delighted to do.”

Yet over the next 40 minutes, Marshall proceeded to talk quite a bit about his mother—or at least talk around her, with a complex mixture of pique and pride. His dachshund Pichou lay at his feet. And his wife sat by his side, raising roadblocks whenever the conversation turned to her ­mother-in-law.

“I’ve had a very independent life,” Marshall began. He’s a courtly man with plummy upper-class diction. But even as he cited his accomplishments (enlisting in the Marine Corps and being wounded at Iwo Jima, a stint at the State Department, ambassadorships in Kenya and Trinidad, brokerage work and international consulting, writing seven books), all roads led to Brooke. Marshall said he put aside his own career back in 1979 to focus on managing her money. “I was very glad to do it, because once I got into it, I discovered that things were being mismanaged badly. Very badly.” He portrayed himself as a dutiful son, but he couldn’t resist a bit of upmanship: “I’m on the board of Lincoln Center for the Performing Arts. My mother was never on that.”  to read more, please click here...

The Ultimate Betrayal  

Consumer Reports magazine: January 2013

"The New York Post called it the “swindle trial.” Jurors likened it to a “Shakespearean tragedy.” When New York socialite Anthony D. Marshall was convicted of defrauding and stealing from his elderly mother, philanthropist Brooke Astor, reports detailed how he conspired with lawyer Francis Morrissey to amend her will in his favor, took millions without her consent, and lifted paintings from her walls while she languished in her Park Avenue home. The trial painted a portrait of greed and filial neglect. Both men were sentenced to one to three years in prison and are currently out pending appeal."

"Elsie Brooks’s lifestyle was a world apart from Astor’s, but their stories are tragically similar. When she was 72 she sold her mobile home and moved in with her daughter and granddaughter in Monterey, Calif. She decided she didn’t want to deal with her finances any longer and let the two take control. But her daughter, Lisa Karen MacAdams, and granddaughter, Christi Schoenbachler, drained Brooks of jewelry, furniture, and an annuity worth almost $90,000, and abandoned her at a nursing facility, according to court documents. They were convicted of grand theft and financial elder abuse, both felonies, and two counts of misdemeanor elder abuse. Last summer, a California appeals court stayed one of Schoenbachler’s misdemeanor charges."        to learn more, click here...

Legislation:  

Fewer than 1 in 25 Reports of Financial Elder Abuse Reports...  

Assembly Member Ash Kalra ~ On June 21, 2018; In A Video Speaking About June Now Being Elder & Dependent Abuse Awareness Month.   

Main Page of UWPL

Too Many Elder Abuse Stories that need to Stop - It's time for Barbie's Law & 65-Too Laws!   #Barbies Law & 65-Too Law