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Elder Law Suggestions:

Financial Law Protections for Elderly/Disabled with Elder Penal Code and Elder Financial Penal Code... Simple Changes for the Better:  

• One phone call to Authorities should begin the process of Prosecuting the Perpetrator - not sending Senior to Court for Justice;
• Next, with these New Suggested Elderly Evidence Rules, this should get the ball rolling on investigation, then lead into Prosecution; 
• The Elderly & Disabled Public must be protected more as it's written in Paragraph #1 of the California Penal Code (CPC) §368(a);
• No matter when Elder Abuse happens, No Statute of Limitations Cap on all Elder Abuse & removing Penal Code 803(c)(11) from 368 ()();
• Putting 'Treble Punishment Crime' on the Forefront for any Financial Elder Abuse it's 'Three (3x)-Times the Time' for Elderly Financial Crime;
• Notary Ombudsman To The Elderly (N.O.T.T.E.) requirements-LCSW Elderly, Licensed to Witness all Elderly Notary & all Signatures for Contracts;
• Handing Pen to Elderly/Disabled for Signature and/or issues w/Abuser/Adult Child asking/forcing/coercing ATM/Credit Cards is a Personal Assault;
• The new "Pen & Credit Card/ATM/Checkbook/Phone" EPC Section also indicates this would be Equivalent to a Physical Assault on Elderly/65-Too Person

California Legislature is Listening: Elder & Adult Abuse Awareness Month - June 2018

California Assembly and California Senate...

'"Fewer than 1 in 25 Reports of Financial Elder Abuse Reports ..."  see more here ~Assembly  Member  Ash  Kalra  Announces  ACR  238 on  June 21, 2018  ~  Video and

California SCR No. 140, Ch.110  Relative to Elder and Vulnerable Adult Abuse Awareness Month Approved by Governor June 27, 2018. Senator Dodd

Opening:

Current Penal Code Reviews for the Elderly & Disabled: Comparing to this New Barbie's Law & 65-Too Law:

      We first begin with California Penal Code CPC §368(b)(1).  At the top of the page at the 'Menu', you will see the different areas of this new set of laws; there's also links if you click on the text in different color, it will take you there.  As we build each section, we point out issues, problem areas, we suggest changes to benefit the Victim; while demonstrating how those changes will bring justice to all Elderly/Disabled Persons. 

The Tools of Barbie's Law and the 65-Too Law: 

      The tools of "Barbie's Law and the 65-Too Law" is designed for Financial Elderly Crimes.  Prosecuting cases against an Abuser would be easier.  By designing a system efficiently, utilizing the Elderly Financial Penal Code (EFPC), Financial Elderly Crimes could be done with a more organized system; allowing ease in Prosecuting to the full extent of the law.  

     Getting Proper Protection for Specific Crimes: EFPC working together under Barbie's Law & 65-Too Law:

As Financial Elderly Crimes occur, we suggest more protection, and strive for a more organized code providing definitive laws & tools to for Financial Elder Abuse.  As there's minimal indication of law in the  California Penal Code (CPC) §368(a)(b)(1)(c)(d),   Welfare & Institutions Code (WIC) 15610.30. , the Elderly & Disabled deserve a proper Penal Code for combating Elder & Disability Crimes. 

Punishment With the Barbie's Law & 65-Too Law:

• Provides a Punishment Guide specialized Crimes Financial Elder Abuse counts as Specific Penal Code Penalty of Treble Punishment Crime (TPC)-3x's the Time Crime
• Applied as a  x's the Time Crime - Treble Punishment Crime (TPC);
• New suggested all Financial Elderly Abuse is Prosecuted under new Elder Financial Penal Code (EFPC) and counts as a Treble Punishment Crime (TPC) to include AM Cards, Credit Cards & Pens" as an instrument(s) of Abuse;
• If Abuser Pre-Meditates to hand a Pen and/or ATM and/or Credit Card to the Elderly/65-Too' Person it's a Personal Assault equal to Physical Assault
• Qualifiers under the new Elderly Financial Penal Code (EFPC) carries a special "3x's the Time Crime" Penalty in Punishment
• As Treble Punishment Crime (TPC) is a 'Penalty' noted in other Elderly Abuse Laws, will now count with all Crimes/Offenses in this Division called Elderly Financial Penal Code (EFPC);

             Example of New Treble Punishment Crime (TPC)-Penalty :  

1.     The Abuser inflicts a Bodily harm to the Elderly/Disabled Person and Coerces them, this is a Personal Assault and Physical Assault

2.     Next the Abuser takes Elderly Person's Credit Cards  

3.     Abuser calls the Elderly Person to Coerce the Elderly/Disabled

 Read Penal Code §368(a) & see...  ..."Elderly are More Vulnerable than Children": quoting this 1st paragraph Penal Code (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, because elders and dependent adults may be confused, on various medications, mentally or physically impaired, or incompetent, and therefore less able to protect themselves, to understand or report criminal conduct, or to testify in court proceedings on their own behalf."

• More Laws for Children than Elderly- but CA law states different;
• Penal Code Penal Code §368(a) as seen above Elderly Needs More Protection - but not getting that Protection, but Police & Authorities need more Laws 
• Yet Doesn't Provide Defined Protection

 Our own Legislature in California indicate in CPC 368 there should be more Laws for the Elderly in Protection of Financial Abuse...here it is.  This new Division of Laws directing the Prosecuting of Financial Elder Abuse Crimes, gives the satisfaction of "Simplicity" instead of the "Complexity" we have with Financial Elder Abuse being Prosecuted under current Penal Codes.  By defining current laws regarding Financial Elder Abuse, stopping abuse and saving Victims before abuse happens is a primary goal.  A very good reason that changes will assist with Getting Proper Protection For Specific Crimes of Financial Elder Abuse. 

The White Papers Regarding  Financial Abuse of Elders

From the Prosecutor

Prosecutor Page Ulrey's White Paper Speaking of what UWPL Says -New Systems are Needed to Protect Seniors ~Confusion on the Front Lines: The Response of Law Enforcement and Prosecutors to Cases of Elder Abuse"  by:Prosecutor at The King County Prosecutor’s Office in Seattle, Washington

III. What Can Be Done ~Three First Steps:  The common ingredient that I have seen in communities whose criminal justice systems are beginning to respond properly to elder abuse is:

• Specialized Prosecutors

• Specialized Detective's

• Specialized Advocates        

When these professionals have been trained on the many complex concepts involved in these cases, and when they are not faced with competing cases involving younger victims, elder abuse reports get investigated, charges get filed, and victim’s needs are addressed."

Unless there's an expert on staff deciphering - as Prosecutor Page Ulrey's continues on Page 2:

"I. Introduction - Having historically deemed most cases of elder abuse as “civil” or “family” matters, the criminal justice system is only now beginning to come to terms with the fact that crimes are being inflicted on the elderly at alarming rates, and that only a small fraction of those crimes are
ever properly investigated and prosecuted. " 

   A Prosecutors' Nightmare:  Elderly Financial Abuse as Prosecutor Ulrey wants to see big changes in the way we handle Financial Abuse cases. Prosecutor Page Ulrey, J.D.  In this White Paper, Prosecutor Ulrey indicates clearly what the Founder of UWPL is suggesting: that more must be done.  As she wrote this paper in 2016, continual growth of Victims and Commerce is calculated at over $33~Billion Dollars in 2018.   We must have a better system to stop the Financial Elder Abuse.

White Paper- June of 2018- Elder Financial Exploitation:  Why it is a Concern, What Regulators are Doing About it, and Looking Ahead  by:  BY STEPHEN DEANE at the U.S. SECURITIES AND EXCHANGE COMMISSION

Welfare & Institutions Code isn't Penal Code:

Here's some issues with Current Laws & Codes:

• There's minimal Penal Code for Financial Elder Abuse as it's blended with WIC - Penal Code §368(a),  WIC 15610.70 (a) (3) "(B)"
• Many codes lead the Senior/Disabled to file Court Cases for Civil Actions against Financial Elder Abusers that's "Passing the Buck" & unfair
• An 'Action' normally punished by Penal Code is a Civil Matter for Elderly/Disabled and there's No Punishment for Abusers
• Only if the Authorities feel Abuse has happened will they Obtain Re-payment of Attorney Costs Welfare & Institutions Code 15657.
• Under Civil Code 3294

• there's Malice, Fraud, Oppression, No Penal Code 

• Only under certain circumstances is anything Financial Elder Abuse referred to as a Penal Code Crime
• Based on  California Penal Code (CPC) §368(a) it suggests:

• "...elders and dependent adults are deserving of special consideration and protection..." as Financial Elder Abuse should fall under Special Codes/Special Penal Codes

• The WIC & other California Codes themselves circle around Abuser, while the Victim has to get justice on their own in Court 
• The Elderly deserve Justice before the Abuser gets to do circles around the Laws
• There's too Many Specialty Areas of Financial Elder Abuse that Need Penal Code
• An Elder Abuse should have it's own category - not more WIC
• Specific individual Crimes in Financial Elderly abuse should have it's own sub-heading: organizing the Penal Code to add "Financial Elder Abuse"

Notes of 3294 plus other procedures to get the Report in appropriately:  To get to California Civil Code §3294(a),(c)(1)-"Malice" (2)-"Oppression" and/or (3)-"Fraud", you must first file a Report SOC 341 -Financial Elder Abuse/Hospital/Care Facility, or SOC 342 regarding Financial Elder Abuse at a Financial Institution. Then, one of these SOC 341 or SOC 342 Forms will be Filled Out by Adult Protective Services or an Agency Governed such as Kaiser Social Services...more will be added 

The Elderly Must go to Court for Justice:

A Senior Citizen or Disabled Person has to go to court for restitution, and children have more laws than Elderly:

       In this specific instance, a Child has more laws protecting their "Money" than an Elder/Disabled Person.  The law written in California Penal Code (CPC) §368(a) indicates Elder/Disabled deserve more, yet aren't getting more protections.

Where Current WIC Can't be Penal Code:

Based on evidence in 2018 -by the Securities & Exchange Commission that Reports of Elder/Disabled Financial Abuse is "Increasing".  We're showing current law about Elder Financial Abuse Laws :  

WELFARE AND INSTITUTIONS CODE - WIC DIVISION 9. PUBLIC SOCIAL SERVICES [10000 - 18999.8]

  PART 3. AID AND MEDICAL ASSISTANCE [11000 - 15771]  CHAPTER 11. Elder Abuse and Dependent Adult Civil Protection Act [15600 - 15675]   ARTICLE 2. Definitions [15610 - 15610.70]  

 Welfare & Institutions Code (WIC) 15657.5.-click to see code   -  This is for Elderly & Disabled to file Financial Elder Abuse as in filing a Civil Law Suit against the Abuser for Damages:  

Welfare & Institutions Code (WIC) 15657.5.(a)

"WIC 15676.(a)Where it is proven by a preponderance of the evidence that a defendant is liable for financial abuse, as defined in Section 15610.30, in addition to compensatory damages and all other remedies otherwise provided by law, the court shall award to the plaintiff reasonable attorney’s fees and costs. The term “costs” includes, but is not limited to, reasonable fees for the services of a conservator, if any, devoted to the litigation of a claim brought under this article."

WIC Can't be in Place of & Can't be Used Like a Penal Code:  

WELFARE AND INSTITUTIONS CODE (WIC): where Penal Code Should be, Doesn't make our Seniors any Safer from Financial Abuse:

"15610.30.(a) “Financial abuse” of an elder or dependent adult occurs when a person or entity does any of the following:

(1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.  (2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.  (3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 15610.70.  (b) A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains, or retains the property and the person or entity knew or should have known that this conduct is likely to be harmful to the elder or dependent adult."  

WIC 15610.70. (3)(B)~Coercion is against the Law: 

(a) “Undue influence” means excessive persuasion that causes another person to act or refrain from acting by overcoming that person’s free will and results in inequity. In determining whether a result was produced by undue influence, all of the following shall be considered...

...(3) The actions or tactics used by the influencer. Evidence of actions or tactics used may include, but is not limited to, all of the following:

...(B) Use of affection, intimidation, or coercion 

Elder Abuse Law

Mandatory Reporting (outside WIC) is called Elderly Witness Law

      Mandatory Reporting will still be a factor, but will also formally include Witnesses as Family, Witnesses as Friends, and Witnesses as Acquaintances falling under the new  Elderly Witness Law.  In reporting EFPC Crimes as well as the "By-Stander Law' - if you see something, you say something rule. 

      If our Proposal is accepted, it will redefine Financial Elderly Abuse written in California Penal Code CPC §368(b)(1) as it will be all included in the suggested Elderly Financial Penal Code (EFPC).                         

Suggesting that:

• New Penal Code is more organized Code System & More Efficient for Financial Elder Abuses

• Is the Guiding Law leading to punishment with Elderly Financial Penal Code (EFPC)

• Testing the Principals of the new Code System allows Additional Penal Codes for other Financial Elder Abuses

• All Financial Elder Abuse in Future will be housed under these New Code Suggestions          

Evidence Rules ~ All in

Evidence Rules:  All Audio, Video, Surveillance of Abuser - No '2-Person Authorization' Required-it's Abuse:

      Any witness to the Elder Abuse, any with Barbie’s Law, shall have a reason to record Elder Abuse, video tape, conduct any surveillance.  As California is a two person state for recording, this is covered under a “One-Person State Authorization based on the Abuse”:

• Police are to get that evidence prior to giving to a Detective if possible;
• If the Abuser gets caught on camera or audio, those witnessed abuses is then evidence that cannot be argued against~as it's all allowable;
• Civil Code or other laws shall not allow the Abuser any rights pertaining to evidence of an Elder Crime;
• With the Proposed Elder Financial Penal Code, any evidence of witnessing such as audio, video, documentary wouldn't require Subpoena;
• All reports by the Police, APS, and/or if needed for a Court Case No Subpoena would be needed

Notes of How Current Penal Codes are 'Housed' in the Written Law:

Notes on California Penal Code (CPC) §368(a)(b)(1)(c)(d):

Elder Penal Code: Title is Deserved for the Financial Elder Abuse

• No Mention of Actual Crime Division Detailing Financial Elder Abuse
• Needs Direct Wording Opening with 'Elder Penal Code'  as a separate Penal Code for it's specialty 'Elder'.  Next - one Section for Financial Elder Crimes.  Dividing at two points:  Div.1: Institution., Div.2.: Non-Institution.   The Institution Div. would be called~ 'Div.1: Financial Elder Abuse at Institution'.  The Non-Institution Div. would be called~~ 'Div.2: Personal Financial Elder Abuse'.  Next is the actual Penal Code called Elder Financial Penal Code ~ housing both Div. 1 & Div. 2; yet divided under the "Financial Elder Abuse" ~ Umbrella.  This would completely remove all financial code from the Welfare & Institutions Code (WIC) and be under it's own rightful title of Elder Penal Code.  Now we've begun the re-building of the Code System to show organization of Elder Law 
• More Divisions

       As we're taking a closer look at how the titling, divisions, and content of our laws, we're reflecting specifically on Financial Elder Crimes.  When we write Laws, there must be "Clarity", "Actuality", plus "Factually" with the details when there's "Crime":  the Elements of the Crime is determined by how the Laws are written; and that's just the beginning.  Something in a word, or a sentence might seem to be small meaning; clarity is defined by law. 

       This section we bring to the Legislature as seemingly simple task as to that change think for a moment.  Financial issues are the most stressful - for everyone.  But just think for a moment to place yourself thirty (30) to fifty (50) years from now: how are you going to be?  That is how we must think when creating Laws to protect Seniors and our Disabled.  In the 1st Paragraph of  California Penal Code (CPC) §368(a) - referring to 368(a) "The Legislature finds and declares that crimes against elders and dependent adults are deserving of special consideration and protection" .

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