SENIOR ASSEMBLY PROPOSAL NO. 24

INTRODUCED BY SENIOR ASSEMBLY MEMBER KROHN

LEGISLATIVE COUNSEL'S DIGEST

AP 24: FINANCIAL ABUSE OF ELDERS

EXISTING LAW, THE FINANCIAL ELDER ABUSE REPORTING ACT OF 2005 (CH. 140, STATS. 2005), PROVIDES THAT A COUNTY ADULT PROTECTIVE SERVICES OFFICE AND A LONG-TERM CARE OMBUDSMAN, WHEN INVESTIGATING THE FINANCIAL ABUSE OF AN ELDER OR DEPENDENT ADULT, IS NOT PROHIBITED FROM REQUESTING FINANCIAL INFORMATION FROM AN OFFICE OR BRANCH OF A FINANCIAL INSTITUTION, AND THE OFFICE OR BRANCH IS NOT PROHIBITED FROM RESPONDING TO THE REQUEST. EXISTING LAW ALSO PROVIDES FOR THE MANDATED REPORTING, INVESTIGATION, AND PROSECUTION OF SUSPECTED FINANCIAL ABUSE OF ELDERS, AS SPECIFIED. THESE PROVISIONS ARE SCHEDULED TO BE REPEALED ON JANUARY 1, 2013.

THIS MEASURE WOULD MEMORIALIZE THE LEGISLATURE AND THE GOVERNOR TO ENACT LEGISLATION TO MAKE THESE PROVISIONS PROVIDING FINANCIAL ABUSE PROTECTION FOR ELDERS APPLICABLE FOR AN INDEFINITE PERIOD OF TIME.

VOTE: MAJORITY.

AP 24: RELATING TO FINANCIAL ABUSE OF ELDERS

WHEREAS, THE FINANCIAL ELDER ABUSE REPORTING ACT OF 2005 (CH. 140, STATS. 2005) PROVIDES VARIOUS PROTECTIONS FOR ELDERS AGAINST FINANCIAL ABUSE; AND

WHEREAS, THESE PROVISIONS PROVIDING FINANCIAL ABUSE PROTECTION FOR ELDERS ARE SCHEDULED TO BE REPEALED ON JANUARY 1, 2013; NOW, THEREFORE, BE IT

RESOLVED, BY THE SENIOR ASSEMBLY AND THE SENIOR SENATE, JOINTLY, THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA AT ITS 2009 REGULAR SESSION, A MAJORITY OF THE MEMBERS VOTING THEREFOR, HEREBY PROPOSES THE ELIMINATION OF THE LANGUAGE REPEALING PROVISIONS OF THE FINANCIAL ELDER ABUSE REPORTING ACT OF 2005 THAT PROVIDE FINANCIAL ABUSE PROTECTION FOR ELDERS SO THAT THE FINANCIAL ABUSE PROTECTION FOR ELDERS SHALL REMAIN APPLICABLE FOR AN INDEFINITE PERIOD OF TIME; AND BE IT FURTHER RESOLVED,

THAT THE SENIOR LEGISLATURE OF THE STATE OF CALIFORNIA RESPECTFULLY MEMORIALIZES THE LEGISLATURE AND THE GOVERNOR OF THE STATE OF CALIFORNIA TO ENACT APPROPRIATE LEGISLATION THAT WOULD ADDRESS THE CONCERNS SET FORTH IN THIS MEASURE; AND BE IT FURTHER

RESOLVED, THAT A COPY OF THIS MEASURE BE TRANSMITTED TO THE SPEAKER OF THE ASSEMBLY, THE PRESIDENT PRO TEMPORE OF THE SENATE, AND THE GOVERNOR OF THE STATE OF CALIFORNIA.

RN 09 16405

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