Up With People Legal

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       When we think of Elderly Crimes, we only assume there's plenty of resources in our laws to assist in punishing criminals that prey on Elderly & Disabled Persons; yet that's not the reality.  In review of laws detailing reports regarding Financial Elder Abuse is this law -California Welfare & Institutions Code (WIC) 15610.40. “Investigation” means that activity undertaken to determine the validity of a report of elder or dependent adult abuse.  

      If the 3-times the punishment can be for agencies, companies, and such not following current Elder Laws, the abuser could be punished, and might take a step back and not abuse.  This Treble Punishment Crime (TPC) System should also be utilized in all other Elderly & Disabled Persons Crimes.    

Treble Punishment Crime (TPC) System = 3 x's the Time for Elderly Crimes

Financial Elder Abuse: Phone, Pen, Credit Card, ATM Card, Checkbook & Coercion

       Credit Cards/ATM's/Pen/Telephones/Checkbook - when an Elderly/65-Too Person is coerced/pushed/asked and t hey don't want to, could fall under Elder Financial Penal Code (EFPC).  This is then a category of Personal Assault having the equivalent of Physical Assault.  This could be 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 specific details of Credit Cards, ATM's, Telephones and Pens.  All of these affect the Victim. 

Referencing Barbie's Law & 65-Too Law:

Abuser Hands a Pen for a Contract from Elderly/65-Too is a Personal Assault that carries the same punishment as a Physical Assault  Abuser asks the Victim to hand Abuser the Victim's Credit Card or forces/coerces Victim to write a check - If Abuser is not on account-with the Victim plus a N.O.T.T.E. is a previous documented witness, then it's a Personal Assault that carries the same punishment as a Physical Assault  Abuser 'Calls the Victim on the Telephone' ~ then Coerces the Victim to Give Money/Contract(s)/Credit Card/ATM/and/or Pushes Elderly/Disabled/or threatens, is is a qualifier for Personal Assault and should carry same punishment as a Physical Assault.  All of these issues must be covered in a Penal Code System for the authorities to be able to file a report regarding the Abuser.  Plus, each individual Financial Elder Crim e would be detailed; as each individual code & law section would be specific for that Financial Elder Crime.  Making it easier for Agencies to file a Report, easier for investigations of Financial Elder Crimes.  Treble Punishment Crime System, Barbie's Law and the 65-Too Law.  The positioning of current laws & divisions relating to Elder Financial Abuse makes it difficult for an Elder/Disabled Person to collect what is owed to them after an abuse of this nature happens.  Speaking about the monetary penalty of "3-Times Recovery" should not just be for Banks, Financial Institutions, and other entities.  Persons under the "Age Qualification of 64.99/65-Plus Years and Disabled Adults under 65 years, should have the same rights.  WIC Laws are spread to not cover all Elder Financial Crimes, and surely doesn't help the Elder/Disabled Person at all when trying to recover after Financial Elder Abuses are inflicted upon them.  We suggest taking a second look at some discussion on our website.