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Elder Abuse Legislation


Reverse Mortgage Protections – AB 1700 (Medina) This bill helps borrowers make informed decisions about whether a reverse mortgage is a suitable choice for their individual circumstances. AB 1700 requires reverse mortgage sellers to give prospective borrowers a self-evaluation worksheet, to be completed before the existing mandatory counseling session. The worksheet flags five possible pitfalls for reverse mortgage borrowers. Effective January 1, 2015

Statutory Residents’ Bill of Rights – AB 2171 (Wieckowski) This bill creates a statutory, comprehensive bill of rights for residents of RCFEs. The part of the bill allowing residents to file a lawsuit to obtain an injunction to fight violations of their rights was stripped from the bill in an amendment just prior to its final floor votes. This means the important rights codified in the bill will have to be enforced by DSS, which traditionally has done a poor job of enforcing resident rights AB 2171 (Wieckowski). Effective January 1, 2015

Veterans Benefits/Senior Insurance – SB 1184 (Corbett) This bill prohibits an insurance agent or broker can not have a direct financial incentive to get a senior involved with veteran’s benefits. An agent or broker can not have a financial interest in participation in, being associated with, or employ any party that participates in, or is associated with, the obtaining of veterans benefits for a senior. Effective January 1, 2013

VA Benefit Scams/ Senior Insurance – SB 1170 (Leno) This bill expanded the definition of advertisement related to the sale of marketing of insurance products to seniors; added veterans organizations and the Department of Veterans Affairs to the list of those entities that cannot be used in deceptive or misleading advertising; and added the term “veteran” to those words deemed a senior designation. Effective January 1, 2013

Prohibition of Gag Orders in Elder Abuse Settlement Agreements – AB 2149 (Butler) This bill makes it so that an agreement to settle a civil action for physical abuse, neglect, or financial abuse of an elder or dependent adult shall not include any provision that, among other things, prohibits contact or cooperation with the county adult protective services agency, the long-term care ombudsman or any governmental entity. Effective January 1, 2013

VA Pensions – SB 180 (Corbett) - This bill created a law that prohibits a person from charging or receiving an unreasonable fee to prepare, advise, or aid individuals in obtaining or maintaining VA benefits and pensions. It is intended to protect senior veterans and their spouses from unscrupulous advisors who are charging thousand of dollars for services that are offered for free by the Veteran’s Administration. Effective January 1, 2012

Elder Abuse Penalties – AB 332 (Butler) This bill created a fine structure for criminal elder financial abuse. If passed, there would be fines of $1,000 when the victim lost less then $950 and fines of $2,500 to $10,000 when the loss exceeds $950. Effective January 1, 2012

Estates and Trusts – AB 354 (Silva) Wrongful Taking of Property –
This bill extended existing liability for those who in bad faith wrongfully take, conceal or dispose of property belonging to the estate of a decedent, conservatee, minor or trust. Those who wrongfully take, conceal or dispose of such property by use of undue influence in bad faith or through the commission of elder or dependent adult abuse would become liable for twice the value of the property recovered. Effective January 1, 2012

Reverse Mortgages – AB 793 (Eng) This bill prohibits insurance agents or brokers to be involved with selling reverse mortgages and would also prohibit the use of reverse mortgage equity as a funding source for annuity purchases. Effective January 1, 2012

Financial Elder Abuse, Forfeiture - AB 1293 (Blumenfield) This bill authorizes the court in financial elder abuse cases to compel a defendant to forfeit ill-gotten gains when the value of the property stolen from the elder was more than $100,000. Effective January 1, 2012

Financial Elder Abuse - SB 33 (Simitian and Wolk) Laws governing reporting of financial elder abuse were set to expire on January 1, 2013. This bill deleted the repeal dates and continue the reporting requirements. Effective January 1, 2012

Page Last Modified: April 26, 2016