California Governor Jerry Brown recently signed Assembly Bill 381 (AB 381), which allows courts to award attorney’s fees and costs to seniors who have been victimized by someone using a power of attorney in bad faith to commit financial elder abuse.
Prior to the passing of AB 381, victims of financial elder abuse were only able to be rewarded twice the determined damages. The cost of litigation often dwarfed the reward cap under California law, leading to many uncharged cases of financial elder abuse. Victims often were left with the choice of either letting the perpetrator get away with the crime or losing more money by filing a lawsuit.
Being able to recoup legal fees should afford seniors more protection against financial elder abuse, a crime which often goes unreported.
“Each year in California, elder and dependent adults are devastated by the loss of property taken from them through financial scams,” said Assemblymember Ed Chau, who authored the bill. “This bill makes certain that seniors who are victims of financial elder abuse will no longer have to worry about the cost of seeking justice.”
ALFA LinkedIn Discussion
In June, ALFA and many other senior organizations took part in World Elder Abuse Awareness Day. While the event itself is great for creating public awareness, elder abuse is something we must always be vigilant about. It is one of (if not THE) most under-reported crimes in the country, and its signs are often difficult to detect, especially since the abusers are often relatives and friends. What are you and your organization doing to help kick elder abuse to the curb? How you helping protect your residents from scam artists looking to swindle vulnerable seniors?
Take part in our group discussion – Preventing, Recognizing, and Taking Action Against Elder Abuse .
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