Elder Abuse Legislation

SB 180 (Corbett): VA Pensions – This bill would prohibit a person from charging or receiving an unreasonable fee to prepare, aid, or advise 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 them thousands of dollars for services that are being offered for free by the Veteran's Administration. Effective January 1, 2012

AB 332 (Butler): Elder Abuse Penalties – This bill would create 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

AB 354 (Silva): Estates and Trusts – Wrongful Taking of Property –
This bill would extend 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

AB 793 (Eng): Reverse Mortgages – This bill would prohibit 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

AB 1293 (Blumenfield): Financial Elder Abuse, Forfeiture – 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

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

The Reverse Mortgage Elder Protection Act of 2009 – AB 329 (Feuer) Prohibits any person who participates in the origination of a reverse mortgage from referring the borrower to anyone for the purchase of other financial products.  It requires the lender to provide the prospective borrower with a list of not fewer than 10 HUD approved nonprofit counseling agencies and requires the lender or mortgage counselor to provide the borrower a suitability checklist specifying issues the borrower should discuss with a counselor before the loan application is approved. Effective January 1, 2010.

Financial Abuse of Elder or Dependent Adults – SB 1140 (Steinberg) Ensures that victims of elder financial abuse can seek civil recourse and makes certain that abusers are held accountable for their actions. Effective January 1, 2009.

Elder Financial Restitution Act – SB 611 (Steinberg) Extends the ability to freeze the assets of a perpetrator of financial abuse against an elder or dependent adult in order to create an opportunity for the victim to regain property. Effective January 1, 2008.

Elder Abuse Disclosure – AB 634 (Steinberg) Establishes a statewide policy against non-disclosure in lawsuits involving elder abuse. Effective January 1, 2004.

Elder Financial Abuse – SB 620 (Scott) Establishes provisions and penalties to protect seniors from insurance, annuity and other financial scams. Effective January 1, 2004.

Senior Fraud Protection Act of 2000 – AB 2107 (Scott) Establishes the duty of honesty, good faith and fair dealing for insurance transactions involving elders; establishes protections from the sale and marketing of annuities for the purposes of long term care planning; and amends the fiduciary abuse laws to protect elders and dependent adults. Effective January 1, 2001.

Elder Abuse and Dependent Adult Civil Protection Act – SB 679 (Mello) Allows pain and suffering damages to survive the death of the victim in elder abuse cases. Effective January 1, 1992.

Page Last Modified: February 22, 2012