WORLD ELDER ABUSE AWARENESS DAY - PowerPoint Presentation

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WORLD ELDER ABUSE AWARENESS DAY 2012June 11, Slidell, LA Donald D. Akers, Jr., Assistant District AttorneyElderly Protective Services16thJudicial District of LouisianaMember: Governor’s Office of Elderly Affairs, Taskforce on Financial Exploitation of The Elderly.

FINANCIAL EXPLOITATION

OF

THE

ELDERLY

Reporting

,

Legal

Issues,

Signs

Social

TrackSlide2

MANDATORY REPORTING !Reports ...shall be made to any adult protection agency or to any local or state law enforcement agency...All reports shall contain the name and address of the adult, the name and address of the person responsible for the care of the adult, if available, and any other pertinent information.The adult protection agency shall have access to any financial records necessary...without unnecessary delay...and is exempt from the payment of

fee otherwise required or authorized by law to obtain a record...If the adult protection agency is unable to obtain access to a record ...the court shall order access...WHAT ARE WE REPORTING?Slide3

LOUISIANA LAW: MANDATORY REPORTS REQUIRED FOR ALLLa. R.S. 15:1504 MANDATORY REPORTS AND IMMUNITYANY PERSON...having cause to believe that an adult's physical or mental health or welfare has been or may be further adversely affected by abuse, neglect, or exploitation SHALL REPORT IN ACCORDANCE WITH R.S. 15:1505....

any person who in good faith makes a report, cooperates in an investigation by an adult protective agency, or participates in judicial proceedings authorized under the provisions of this Chapter...shall have immunity from civil or criminal liability…Slide4

SIGNS OF FINANCIAL EXPLOITATION• A relative or caregiver with no means of support who is suddenly interested in the elder's finances• The elderly person's bills are not being paid• A relative or caregiver who isolates the elder• The elder is unaware of or unable to explain their finances• Bank and credit card statements are sent to the relative or caregiver

• The elder is concerned about missing money• Suspicious signatures on checks• A legal document, such as a will or power of attorney, is drafted without the elder fully appreciating its implicationsSlide5

METHODS OF FINANCIAL EXPLOITATION OF THE ELDERLYTaking or giving the victim's money, property, or valuables without permissionBorrowing money and not paying it backMisusing ATM or credit cardsJoint Bank Accounts where the offender's name is added to the victim's accountTransferring property to the offender, possibly as a result of force or intimidation

Misusing the power of attorney OR forcing the victim to agree to itLiving Trusts and Wills: Having himself named manager of the victim's trust or as a beneficiarySlide6

WHAT IS EXPLOITATION OF THE ELDERLY?LA R.S. 15:1503: (EPS/APS Statute Definitions

)(7) "Exploitation" means the illegal or improper use or management of an aged person's or disabled adult's funds, assets, or property, … power of attorney or guardianship for one's own profit or advantage.(8) "Extortion" is the acquisition of a thing of value from an unwilling or reluctant adult by physical force, intimidation, or abuse of legal or official authority.Slide7

LA R.S. 14:93.4. Exploitation of the infirmed (Criminal Law)(1) The intentional expenditure, diminution, or use…of the property or assets of the infirmed, a disabled adult, or an aged person…without the express voluntary consent…by means of fraudulent conduct, practices, or representations.

(2) The use of an infirmed…aged person's, or disabled adult's power of attorney or guardianship for one's own profit or advantage by means of fraudulent conduct, practices, or representations.Slide8

PENALTIES FOR EXPLOITATION OF THE INFIRMEDLA R.S. 14:93.4 A FELONYshall be fined not more than $10,000, with or without hard labor

, for not more than ten years, or bothshall be prohibited from having access to the victim's or any other disabled or aged person's assets or property…from being appointed as a power of attorney or guardian for the victim or any other disabled or aged person…shall not prohibit the offender from inheriting from the victim !!!Slide9

LA R.S. 14:67.21 THEFT OF THE ASSETS OF AN AGED OR DISABLED PERSON“Aged person" is any person 60 years or o

lder (EPS Jurisdiction)"Disabled person" is a person 18 years or older who has a mental, physical, or developmental disability …. (APS Jurisdiction)The intentional use, consumption, conversion, management, or appropriation of funds, assets or property...misuse of a power of attorney...or through fraudulent scheme...without authorization for the profit, advantage, or benefit...Slide10

PENALTIES FOR THEFT OF ASSETS OF ELDERLY LA R.S. 14:67.21 Value

of $300 or less, MAY be imprisoned up to 6 months in prison and up to $500 (Misdemeanor)Value of $300 to $500, MAY be imprisoned up to 2 years in prison, with or without hard labor and up to $2000 fine (Felony)Value of $500+, MAY be imprisoned up to 3 years in prison, with or without hard labor and up to $3000 fine (Felony)2nd conviction, SHALL be imprisoned, with or without hard labor, up to 2 years and up to two thousand dollars (Felony)Offender shall make full restitution to the victimSlide11

Statue of Limitations for Criminal Prosecution Louisiana Code of Criminal Procedure Article 572

MISDEMEANOR: Theft of Assets of Aged/Disabled valued < $300.00 2 years from commission of offenseFELONY: Theft of Assets of Aged/Disabled valued > $300 Exploitation of the Infirmed

4 years from commission of offenseSlide12

TIME LIMIT FOR PROSECUTIONLA CCRP Art. 573.1.  Running of time limitations; exception; exploitation of the infirmedThe time limitations established by Article 572 shall not commence to run as to the crime of exploitation of the infirmed (R.S. 14:93.4) until the crime is discovered by a competent victim, or in the case of an incompetent victim, by a competent third person.Acts 2010, No. 317, §1.Slide13

REASON FOR THE LEGISLATIVE CHANGELa. R.S. 14:93.4 is designed to protect persons who are most often unable to know that they are being exploited or fear loss of independence or institutional care if they report the exploitation. (2) The relationship of many perpetrators to the victim is such that

trust is misplaced or the perpetrator is able to isolate the victim and financial resources from access by others.(3) Exploitation is often discovered long after the 4 year prosecution period has passed such as during an examination of records for a “long term care Medicaid” application’s “look back period of 5 years”; or when a victim has died and succession proceedings provide access to financial records.Slide14

Anatomy of a Seduction! The sad tale of the financial exploitation of a lonely elderly widow by a member of the clergy… A discussion tool.Slide15

For Further AssistanceContact Information:Donald D. Akers, Jr.Assistant District Attorney, Elderly Protective Services16th Judicial District of Louisiana300 Iberia Street, Courthouse Suite 200New Iberia, LA 70560-4583

Phone: 337-369-4420 Direct Ph: 337-365-3886Direct Fax:  337-365-3886 Additional Ph: 337-367-8451Alternate Fax: 337-365-7034email: dakersjr@cox.net