Elder Financial Penal Code (EFPC)
This suggested Proposal by Up With People Legal (UWPL) is for our California Legislature to adopt a new set of guidelines to insure all Crimes of Financial Elder Abuse has proper coverage. We're also suggesting a full Division of Penal Code specialized with the categories needed to promote organization of Law, actual crimes with titles and punishment, leading to the advancement of what many Prosecutors, District Attorney's, and Legal Specialists are speaking of in The White Papers of the Professionals. With this in mind, it brings in the consideration of proper law: getting the laws right for the Elderly & Disabled is our primary goal. By providing proper Laws dedicated to protecting those most vulnerable; those whom cannot protect themselves due to illness, age or both, is what our intentions are with this new Elder Penal Code, and with Financial Crimes a special dedicated Division of Elder Financial Penal Code (EFPC); the protections will then be in place for that needed protection.
Suggestion of Treble Damages apply, calling this Treble Punishment Crime (TPC). If an Abuser is found guilty of any crime under the newly suggested Elder Financial Penal Code (EFPC), it's a qualifier for a Treble Punishment Crime (TPC) to assist when sentencing/punishing an Abuser.
What is Elder Financial Penal Code (EFPC)?:
With multiple levels of laws involving Elder Financial Abuse, and at Up With People Legal, what we've done is put Law in-between the gray areas that makes it work better for the Victim. With the issues of Financial Crimes not being investigated, this leads to the Crimes continuing; allowing Abusers the ability to collect more Victims. The more Reports that are Investigated, the better; and much easier with Elder Financial Penal Code (EFPC).
Yes there's Welfare & Institutions Code, there's CA Penal Code §368(a)(d) -Elderly/Disabled Specific Category and others noting Crimes & Punishment of the Elderly. But has anyone really got in and read some of these codes? We did, and by the time all of the different divisions of law are calculated, anyone could get lost in-between the lines of the actual crime; permitting Elderly Financial Abuse to continue without interruption. At UWPL more protection suggestion .
Many different California Codes have in place protections for the Elderly and the Disabled; but they're very complex. To put a report together; trying to decipher what code goes where...and is it a 'Civil Matter or a Penal Code' that should apply? Up With People Legal now brings a New Day to Elderly Financial Crimes with their Proposal on the New "Elder Penal Code System" included is our Elderly Financial Penal Code (EFPC) and the Personal Elder Financial Abuse (PEFA) Codes to the Legislature of California as well as to Congress; the Elderly & Disabled deserve these protections now. All Californians; All States of Our Union too.
Barbie's Law & 65-Too Law Announces Special Assault Charges:
Our Proposal: A Pen, Credit Card, ATM Card, and Telephone is a Crime of Personal Assault on Elderly
We're not speaking of a Physical Assault of throwing it, but that's also included in this new set of laws. A Pen usually has one purpose and that is for 'Signing Something', but what if a Telephone Conversation of Coercion was also part of this Crime.
At UWPL we would like to bring in 65-Too Law; a unique Protection a Contract Protection for the Elderly - also suggested in the White Papers. If a person, by example, an Adult Child pushes his Mother/Father to sign a Contract, anyone age 65 or older or Disabled Adult, would need to have a Notary Ombudsman To The Elderly N.O.T.T.E. to get that Signature. If at the point the N.O.T.T.E. feels there's a Crime going on, then the proper Authorities will be notified. What this does is protect the Elderly/65-Too Person from Coercion of the Elderly's Money. This way, if a Family/Friend/Acquaintance/Anyone demanding or asking for Money or Signature from an Elderly/65-Too Person, the new Elderly Financial Penal Code (EFPC) has one place to look up either Credit/ATM Card/Phone Coercion/Elder as a Elder Penal Code Violation, the proper Punishment will occur after the report by the Authorities is processed. The Professionals have also suggested this in the White Papers. This N.O.T.T.E. is a good thing.
Treble Punishment Crime (TBC):
Credit Card, ATM's, and the Telephone - when an Elderly/65-Too Person is pushed at any point/time or asked at all 'Hand it Over', it falls under suggested Elder Penal Code Division and could then be prosecuted under the suggested Elder Financial Penal Code (EFPC). This "Pen & Card & Phone" Crime is a Personal Assault on the Elderly/65-Too Person plus carries the equivalent punishment of Physical Assault. No Elderly/65-Too Person should ever be subjected to "Hand Any Money Over" to anyone. This as well is considered 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's, and Coercion via Phone of Elderly. This would create a new protection; ending this type of abuse that is not investigated, as stated in the White Papers of the Prosecutors, District Attorneys. That Pen/Credit Card/ATM Card/Coercion via Phone of Elderly will no longer be a fiasco. Now with the suggestions in the Barbie's Law and the 65-Too Law, we bring this in to have more financial protections in laws for the Elderly.
What is '65-Too' Law? Who Qualifies for Elderly Financial Penal Code (EFPC)?
Keeping in mind that when we say Elderly that means anyone 65-or Older, or that Qualifies as an Aging Adult Services Disability Level. Those whom are on Social Security Disability earlier in life has the same qualifications as an Elderly Person. To keep it organized, we call it "65-Too" ~ because although we have persons of the age group '65 & Older', there's still more - Too - that's why we call it the 65-Too Law - because it's not only Persons 65 & Older, it also is referring to Qualified Adults with a Disability.
We keep it simple at UWPL :)
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