More on New York’s New Law to Protect the Elderly

Stop elder abuseNew York is home to the third-largest elderly population in the U.S., a population that appears increasingly vulnerable to physical and financial abuse.

Unbelievably, only one out of 14 domestic elder abuse incidents are reported to authorities. The problem will only continue to grow as our population ages with the American family financially and emotionally stretched to the breaking point. Unfortunately, New York's laws are still lagging behind in their effort to protect this vulnerable population.

According to Assemblyman Robin Schimminger, "The annual financial loss by victims of elder financial abuse is estimated to be roughly $2.9 billion, up 12 percent since 2006. Abusers have proven to be strangers, caregivers and even family members."  Schimminger cites a federal study that found seniors are often vulnerable to financial exploitation because of their mental and physical limitations. There are 29 other states that have enacted statutes designed to protect senior citizens against financial abuse, but New York hasn't followed suit -yet.

Nursing home facilities responsible for senior citizen care have not provided a safe haven for seniors either.  Too many have caused injury due to improper care, lack of care, and—in some cases—intentional physical abuse. Elder abuse can be difficult to detect because the signs aren't immediately apparent and the abuse can be hidden in secrecy.

Schimminger and Sen. Patrick Gallivan introduced legislation in an attempt to aid the prosecution of those who victimize the elderly. The legislation made it to committee where it remained through 2014 until the legislative session ended. The bills were reintroduced in February 2015 and again are in committee.

One success with legislation in this area is a bill that amended the law which previously allowed a caregiver or professional social worker to accompany a child under the age of 12 into the grand jury proceeding. Now, a vulnerable elderly person may have the same companion for the grand jury proceedings, with the prosecutor's consent.

Reference: https://assembly.state.ny.us/mem/Robin-Schimminger/story/58529/


Like this article?

Share on facebook
Share on Facebook
Share on twitter
Share on Twitter
Share on linkedin
Share on Linkdin
Share on pinterest
Share on Pinterest

Leave a comment


We have a LOT more where that came from!

We hate spam too. We will never share or sell your information.

Call Now ButtonCall Us Now https://jsfiddle.net/7h5246b8/

Request a free consultation

We hate spam too. We will never share or sell your information.

We've been putting together as many resources as possible so that we can continue to help:

  • If you’re a current client with a signing appointment or a prospective client with a consultation and would prefer that meeting take place in your own home, we can accomplish that with a little bit of pre-planning on our part and with the addition of a laptop, smartphone, tablet or other computer in your home to facilitate this virtual meeting. For those of you that need to sign legal documents, that too can be accomplished with the use of a webcam (FaceTime etc.), so that we can witness and electronically notarize all of your important legal documents.
  • We launched the rollout of our on-demand webinar early so that new clients and our allied professionals can view the important component parts of ‘an estate plan that works’ at their convenience.  That is available on our website.
  • Live video workshops will be produced as quickly as possible and certainly ahead of our previous schedule; we will keep you posted as these events become available. Given the ‘boutique’ nature of the firm, we rarely have more than ten people in our office including team members at any one time. During this period of ‘social distancing,’ we promise to have no more than 8 people at any time.   This allows us to comply with the Governor’s directive to limit in-person gatherings.
  • The best way to communicate with us is still by phone during regular office hours of 8:30 to 5:00, Monday through Friday, or, you can email any of our team members (that is, their first name followed by @zarembalaw.com).  We will respond to these emails as quickly as possible.
  • Please continue to follow the directives of our local, state, and federal agencies. For your health and in consideration of our team who is assisting you, if you’ve scheduled an office appointment or planned to drop off paperwork and are experiencing a fever, dry cough, or shortness of breath, please contact your primary care doctor for guidance and then our office to reschedule.

Thank you, Walt and the Zaremba Team

Update to our Process

The unprecedented coronavirus pandemic has taken our entire country by surprise. We understand how difficult this time is for America’s businesses and families.  However, we believe it is vitally important that we make every effort possible to continue to offer solutions that avoid disrupting our important partnership with you, your family and friends.  As you know, estate planning is not something that should wait for a more convenient time, therefore the opportunity to address your important goals both during and after this crisis should not wait.  To that end, we have added the option of a ‘virtual consultation’ to our office process.  You will now have a choice of either meeting with us in our office or in the comfort of your own home.