New York Lawmakers Propose Elder Abuse Legislation
Seniors in New York may soon receive additional protections against financial and physical abuse, if lawmakers vote to pass proposed legislation in Albany.
Proposed laws would allow banks to refuse transactions make it easier for prosecutors to obtain medical records in situations where elder abuse is suspected. Prosecutors would also have more available tools to go after perpetrators, including changes that would make it easier for elders to testify in criminal cases. It would also expand the definition of caregiver so that more people are subject to the current law of endangering the welfare of a venerable senior citizen.
The proposed laws wouldn’t exactly make elder abuse a crime, but would increase protections already in place to penalize people who take advantage of senior citizens who are often more vulnerable to abuse.
Under the proposed legislation, the state would be required to set up to a centralized collection system of elder abuse reports. Under the current system, incidents of elder abuse are reported at various agencies throughout the state. Proposed laws would also make it much simpler to prosecute contractors for partial work when full payment has been made for victims of any age.
Unfortunately elder abuse often goes unreported. Sadly, under current New York laws, there is no statutory definition for prosecuting instances of elder abuse. Instead, it depends on two different definitions under the New York State Social Services Law. The first law relates to “adult abuse” and the second to “financial exploitation.”
Proposed legislation may help reduce elder abuse
Current available reports reveal that 3 out of every 1,000 seniors in New York experiences some form of elder abuse. However, a study conducted by Cornell University and other sin 2011 found the incident rate to be much higher when including self-reported cases from senior citizens and information from agencies working with the elderly.
The study revealed that 76 out of 1,000 senior citizens may suffer physical, emotional, or finance abuse in New York. Researchers also noted that 90 percent of elders suffered abuse from a family member.
In fact, information obtained by the New York State Office of Children and Family Services predicts an increase in the amount of financial abuse by the year 2030 ─ with nearly 200,000 incidents of abuse expected to occur.
New York elder abuse lawyer
If you or a loved one is the victim of elder neglect or abuse, it’s time to put a stop to this terrible problem. Other victims of elder abuse in NYC are seeking justice for this senseless crime, so it’s important to know your rights. Contact an experienced attorney to discuss your case and determine eligibility for filing a NY elder abuse lawsuit.
Our dedicated and knowledgeable attorneys have more than four decades of combined experience working with clients in Brooklyn, the Bronx, Manhattan, Staten Island, Queens and Long Island to ensure justice is served on their cases. If need a New York elder abuse lawyer, contact The Sanders Firm today for a free evaluation of your case. Call toll free at 1-800-FAIR-PLAY (1-800-324-7752). Resources
- Syracuse.com, Elder Abuse: Central New York Lawmakers Propose Bills to Protect Seniors http://www.syracuse.com/news/index.ssf/2014/05/elder_abuse_new_york_laws_albany_david_valesky_michael_nozzolio.html
- The Daily News, Report: Financial Abuse Toward Seniors Seen Rising http://www.thedailynewsonline.com/lifestyles/article_6a5de0d2-d6f5-11e3-8659-0019bb2963f4.html