BILL ANALYSIS Ó
AB 2721
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Date of Hearing: April 19, 2016
ASSEMBLY COMMITTEE ON AGING AND LONG-TERM CARE
Cheryl Brown, Chair
AB 2721
(Rodriguez) - As Introduced February 19, 2016
SUBJECT: Elder and dependent adult fraud: informational
notice.
SUMMARY: Requires the Department of Justice (DOJ) to develop
and distribute an informational notice that warns the public
about elder and dependent adult fraud and provides information
regarding how and where to file complaints. The bill also
requires the notice to be made available on the Internet Web
site of the Attorney General.
Specifically, this bill:
1)Requires the California Department of Justice develop and
distribute an informational notice that warns the public about
elder and dependent adult fraud.
2)Requires the DOJ information notice to direct elder and
dependents to information and resources necessary to determine
whether they might be victims of fraud.
3)Requires the notice to provide information regarding how and
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where to file complaints and that the notice be made available
on the Internet Web site of the Attorney General.
EXISTING LAW:
1)Defines "elder" as "any person who is 65 years of age or
older."
2)States that California has the responsibility to protect
elders and dependent adults who may be subjected to abuse,
fraud, neglect, or abandonment.
3)Directs those with reasonable cause such as public or private
agencies or mandated reporters to know if the welfare of an
elder or dependent adult is endangered, to report their
concerns.
4)Directs agencies such Adult Protective Services agencies,
Long-Term Care Ombudsman (LTCO) programs, and local law
enforcement agencies to receive referrals or complaints of
abuse from those with reasonable cause to know that the
welfare of an elder or dependent adult is endangered.
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5)Provides guidelines to specify when county adult protective
service agencies are to investigate allegations of abuse of
elders and dependent adults.
6)Provides guidelines regarding the appropriate role of local
law enforcement in order to ensure that a minimum level of
protection is provided to elders and dependent adults in each
county.
7)Directs law enforcement, the LTCO, and Adult Protective
Services (APS) to take actions considered necessary to protect
the elder or dependent adult and ensure the individual's
safety.
8)Provides that adult protective services agencies and local
long-term care ombudsman programs also have jurisdiction
within their statutory authority to investigate elder and
dependent adult abuse and criminal neglect, and may assist
local law enforcement agencies in criminal investigations at
the law enforcement agencies' request, provided, however, that
law enforcement agencies shall retain exclusive responsibility
for criminal investigations.
FISCAL EFFECT: Unknown
COMMENTS: The United States Census Bureau projected in 2000
that California's elderly population will have doubled by 2025
to 6.4 million - a larger growth rate than any other state.
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As of 2010, there were 4.2 million people aged 65 years or older
in California. The California Department of Finance projects
that the number of California residents aged 65 and older -
those who are most likely to need nursing homes or other long
term care services and supports - will nearly double between
2010 and 2030. Based on monthly reports sent by local Adult
Protection Services offices, the Attorney General estimates that
200,000 elders or dependent adults are abused each year. The
California Commission on Aging states that "studies show that
elderly and dependent adult victims of financial abuse have a
decreased lifespan, suffer emotional trauma, and often face
impoverishment."
Author's statement: According to the author, "Each year,
thousands of California senior citizens find that they have
become victims of various types of fraud. In some of these
cases the crime is reported, but most are not because many
seniors are simply too humiliated to report the fraud or may not
know where to turn to for help.
"The common thread that runs through almost all telemarketing
and other scams is the demand for payment upfront. While
California cannot constantly be there to keep our citizens safe,
we can create an informational brochure to be distributed to
retail outlets and banks that access money or sell financial
instruments.
"AB 2721 will place vital information in locations where seniors
typically access their funds when they are being scammed. The
brochure will serve as a resource for seniors before they lose
scarce retirement dollars and a source of information to let
them know where to report fraud and scams."
PREVIOUS LEGISLATION
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AB 518 (Wagner) of 2011, would have removed the repeal date of
section 15630.1 of the Welfare and Institutions Code. By doing
so, AB 518 would extend the requirement that officers and
employees of financial institutions act as mandated reporters of
known or suspected financial elder abuse indefinitely, a mandate
which currently sunsets on January 1, 2013 . By making section
15630.1 of the Welfare and Institutions Code permanent, it would
continue the protection of elders and dependent adults from
financial abuse. Failed in Senate Banking and Financial
Institutions Committee.
AB 140 (Dickinson), Chapter 668, Statues of 2013 established in
the Elder Abuse and Dependent Adult Civil Protection Act a new
definition of undue influence that focuses on excessive
persuasion causing another person to act or refrain from action,
by overcoming that person's free will, resulting in inequity.
This bill also provided a list of considerations for a court to
utilize in determining whether an action constituted excessive
persuasion.
AB 1623 (Atkins), Chapter 85, Statutes of 2014 authorized a
local government or nonprofit organization to establish a Family
Justice Center to assist crime victims.
SB 196 (Hancock), Chapter 285, Statutes of 2015 authorized a
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county adult protective services agency to file a petition for a
protective order on behalf of an elder or dependent adult, as
specified.
REGISTERED SUPPORT / OPPOSITION:
Support
California Association of Public Authorities
Opposition
None on file.
Analysis Prepared by:Gail Gronert / AGING & L.T.C. / (916)
319-3990
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