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ARTICLE · 04 JULY 2006

California´s Elder Abuse Protection Act

On August 29, 2005, Governor Arnold Schwarzenegger signed legislation holding California banks and other financial institutions liable if they fail to report suspicions of financial elder abuse, effective beginning January 1, 2007. The legislation is part of a nationwide trend to increase oversight of our country’s aging population by those who deal with elders.

United StatesGovernment, Public Sector
Steven Wasserman
Steven Wasserman
Sunny Pucci
Sunny Pucci

On August 29, 2005, Governor Arnold Schwarzenegger signed legislation holding California banks and other financial institutions liable if they fail to report suspicions of financial elder abuse, effective beginning January 1, 2007. The legislation is part of a nationwide trend to increase oversight of our country’s aging population by those who deal with elders.

A. California's Elder Abuse Protection Act

In 1982, California enacted the "Elder Abuse and Dependent Adult Civil Protection Act." The objective was to put into effect a statutory framework that would institutionalize reporting obligations for those who are in a position to see, and therefore possibly prevent, various types of abuse to the state’s growing population of elders. The Act, as amended, required "health care practitioners, care custodians, clergy members, and employees of county adult protective services agencies and local law enforcement agencies to report known or suspected cases of abuse of elders and

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