California laws that help to protect seniors during probate

On Behalf of | Jan 31, 2019 | Financial Elder Abuse

Our elders will need loved one’s help and assistance at some point. It’s important to be helpful during this process, rather than a hindrance. There are laws in place to protect seniors and their estate. Because financial elder abuse happens, these bills that have been signed into law, hope to prevent it.

Did you know that isolation is considered a form of abuse? Whether isolating children, adults or the elderly, we aren’t meant to be kept in isolation against our will. In 2018, Senate Bill 1191 was signed into law; it gives law enforcement jurisdiction to step in situations in which elder abuse and isolation is happening. It also gave more voice to the face that elder abuse isn’t just frowned upon, it’s a crime.

Isolation can play into financial elder abuse because it gives the senior limited opportunity to communicate with others to report that they are being mistreated. Specifically relating to conservators in matters of elder care, Assembly Bill 937, signed into law in 2013, provides that a conservator’s control of an elder shall not extend to personal rights. Personal rights could include the elder’s right to receive visitors, telephone calls and personal mail, unless specifically limited by a court order.

The 2018 bill signed into law was essentially an extension of the 2013 bill, in that, it extended the reach of who it can affect and how action can be taken against offenders. Seniors deserve the utmost respect. Just because they need extra care doesn’t mean their personal rights be violated.