SYRACUSE, N.Y. - Seniors in New York would have more protections
against financial and physical abuse under proposed legislation in
Albany, according to lawmakers.
The
proposed laws would allow banks to refuse transactions and prosecutors more
easily to obtain medical records when
elder abuse is suspected, according to
Sens.
David Valesky, D-Oneida, and
Michael Nozzolio, R-Fayette, and other
sponsors of the bills.
The
proposals also would give prosecutors more tools
to go after perpetrators, such
as changes that would make it easier for older people to testify in criminal
cases. And it would widen the definition of caregiver to allow for more people
to be subject to the current law of endangering the welfare of a vulnerable
elderly person.
The
proposals wouldn't make elder abuse, per se, a crime. But they would
enhance protections already in place to punish people who take advantage of
seniors who sometimes become more vulnerable to abuse because of physical or
mental conditions, according to the lawmakers.
The
legislation would also require the state to stand up a centralized collection
system of reports of elder abuse. Currently, incidents of financial, emotional
or physical abuse of seniors are reported at various health, social services,
law enforcement or other agencies throughout the state.
Using
that array of reports, data shows 3 out of every 1,000 New York senior suffers
some kind of elder abuse. But a study by Cornell University and others in 2011
found the incident rate much higher when including self-reported cases from
seniors and information from agencies serving seniors.
That
study estimated as many as 76 out of 1,000 seniors suffer physical, emotional
or financial abuse in New York. The study also found that 90 percent elder
abuse was caused by a family member.
The
proposed legislation would also make it easier to prosecute contractors for
partial work when payment in full is made. This change would include victims of
any age.
Here's a summary of the bills:
S.6221 (Sen. David Valesky, D-Oneida) authorizes banks to refuse any
transaction of moneys if the banking institution, social services
official, or law enforcement agency
reasonably believes that financial exploitation of a vulnerable adult has
occurred or may occur.
S.2323-A
(Sen. Jeff Klein, D-Bronx) requires the Office of Children and Family Services
to define, identify and collect data related to the incidence of elder abuse
possessed by state and local agencies. It also mandates the Office of Children
and Family Services to establish an inter-agency reporting system that contains
a uniform set of standards to collect and analyze information on the incidence
of elder abuse.
S.7179
(Valesky) proposes to allow a prosecutor to obtain medical records, without a
privilege waiver, with a subpoena, endorsed by the court, based upon a showing
that the patient suffers from a mental disability, and that the patient has
been a victim of a crime.
S.7177
(Sen. Patrick Gallivan, R-Elma) seeks to establish that an alleged abuser may
not use the defense of obtained consent to take, withhold, or obtain property,
where such consent was obtained from a person who the accused knew or had
reason to know was mentally disabled.
S.7187
(Sen. Michael Nozzolio, R-Fayette) amends the penal law to explicitly state
that in a prosecution for larceny by false promise, partial performance does
not, by itself, prevent a reasonable jury from making such finding from all the
facts and circumstances.
S.2951
(Valesky) expands the definition of "caregiver" under the penal law to include
a person who voluntarily, or otherwise by operation of law, (such as an
appointed guardian or power of attorney) assumes responsibility of an elderly
person so that they would be tried under the "endangering the welfare of a
vulnerable elderly person" law.
S.7188
(Nozzolio) would allow a caregiver to accompany a vulnerable elderly person who
is testifying in front of a grand jury. The caregiver may only fulfill their
function with the consent of the prosecutor.
S.7178
(Gallivan) allows the prosecution and defense attorneys to preserve the
testimony of witnesses who are age 75 or older.
Full Article & Source:
Elder abuse: Central New York lawmakers propose bills to protect seniors
