CONCORD -- A local lawmaker’s bill to establish protective orders against elderly abuse is on its way to the governor’s desk.
The bill aims to give victims of financial or other forms of exploitation fast access to relief through the courts.
House Bill 696
was filed by state Rep. Renny Cushing, D-Hampton, and would create a
process in the courts for vulnerable adults to get protective orders for
immediate relief from abuse, neglect and exploitation.
Cheryl
Steinberg of the Senior Law Project at New Hampshire Legal Assistance,
who crafted the bill, said there are few means for vulnerable adults to
get immediate help from the court when people like their family members
are taking advantage of them. She said the order would allow authorities
to quickly prevent abusers’ from accessing their victim’s assets.
“There’s
still the practical problem someone is stealing your money,” said
Steinberg. “We thought we needed something a little more proactive to
give the person, the victim, an ability to quickly go to court to stop
the exploitation.”
Cushing and Steinberg say HB 696 is
one step in a years-long process of improving the state’s protections
for elderly and vulnerable adults. They started working together four
years ago to keep cases of abuse against vulnerable people from
“slipping through the cracks.” Cushing is a longtime victims’ rights
advocate who has seen Alzheimer’s disease in his family, and Steinberg’s
office provides pro bono legal assistance to low-income people and has
worked with clients who were being taken advantage of.
The
bill passed committee of conference June 27, sending it to the
governor. Gov. Chris Sununu’s spokesman, Ben Vihstadt, said he could not
say whether the governor would sign it, as the bill had not yet reached
Sununu’s desk and that Sununu will review it once it does.
Cushing and Steinberg put a similar bill forward last year,
but it was amended because some Republican lawmakers were concerned it
infringed on gun rights. The bill passed with new language clarifying
that financial exploitation included abuse of adults who lacked capacity
to consent, the part establishing the protective order removed.
This
year, Cushing filed the bill with what he and Steinberg believe is less
restrictive language, but some Second Amendment proponents are calling
for the bill to be vetoed. The bill as it passed the House and Senate
states a peace officer can confiscate any deadly weapons involved in the
alleged abuse, which is less restrictive than the domestic abuse
protective order in which all guns are seized.
Steinberg said she thought giving police discretion
would reduce concern from Second Amendment advocates, but Rep. John
Burt, R-Goffstown, said that discretion still leaves it open for police
to take more guns than necessary.
“That line is still in
there,” said Burt. “I do think they want to help the elderly ... this
isn’t the way to do it. If you remove the (reference to) guns out of it,
then I would have to re-look at the bill.”
Cushing and
Steinberg insist the bill is not a “gun bill,” pointing out that
existing protective orders are stricter than the one proposed in
Cushing’s bill. The bill has been praised by organizations like AARP-NH
and the Alzheimer’s Association regional chapter. Cushing said the
bill’s passage would only be a small step in their long-term vision for
improving protection for vulnerable people.
Full Article & Source:
NH bill aims to protect elderly and vulnerable adults
