Gainesville, FL (PRWEB) March 19, 2014
Currently, it is extremely difficult to prosecute elderly exploitation. "Before this year, we had no prosecutions in Alachua County on elder exploitation cases," Miller told The Gainesville Sun. Attorneys must prove deception and intimidation of the victim has taken place, which many victims cannot or will not admit to due to incompetence or embarrassment.
The new bill, however, will make it much easier to prosecute such cases. The presumption of exploitation would apply when someone is not a family member, has known the victim for less than two years, and a transfer of assets has occurred. The bill will allow prosecutors to help protect elderly and disabled adults who have joint bank accounts for convenience. "The presumption of exploitation will really help address some of the deficits that we currently have in the law as it stands," Miller said to GTN News.
No other state has such a presumption in place, making House Bill 409 the first of its kind. "This legislation that is pending is literally groundbreaking," Miller said.
Miller is working hard with fellow elder law attorneys to secure the bill's promising future. The bill has support from Gainesville State Attorney Bill Cervone and legislative committee approval.
Shannon Miller is a Board Certified Specialist in elder law at the Miller Elder Law Firm in Gainesville, Florida. She sits on the Elder Law Certification Committee of the Florida Bar.
For more information, contact Shannon Miller at (352) 379-1900 or visit MillerElderLawFirm.com
Full Article & Source:
Gainesville Elder Law Attorney Shannon Miller Helps Develop Bill to Protect the Elderly
Interesting! Let's see how it plays out.
ReplyDeleteIt sounds good and I am also interested in how it will play out. I think elder exploitation is simple: anybody who is 65 or older and is exploited, period.
ReplyDeleteHB 409 sounds good to me. Applause to Shannon Miller and her team.
ReplyDeleteSupport for the bill is imperative to move it forward to vote.
Good Luck!