THE AMERICAN BAR ASSOCIATION’S WAR ON ELDER ABUSE

For years, the American Bar Association has pushed for better training of those involved in the prevention of elder abuse. They have also stressed the need for district attorneys to become more diligent in prosecuting these cases.
Many of us may not know that theAmerican Bar Association has written recommendation letters to various agencies, banking regulators and the court system. The American Bar Association’s Commission on Law and Aging has tackled various topics. Here is an overview of those topics:

Banks Reporting Financial Abuse of the Elderly – Training of bank tellers and banks reporting financial abuse

Durable Power of Attorney Abuse

Undue Influence

The Brooke Astor Case

Court-Focused Elder Abuse Initiatives.

Managing Someone Else’s Money

Elder Justice Act

The Judicial System’s Role in Cases Involving Elder Abuse–I have previously wrote about the Bar Association’s concern in regards to district attorney offices only prosecuting the cases that they think that they can win. In many ways, this has enable those abusers to possibly  continue this behavior without fear of any consequences. From personal experience, it is frustrating to watch local authorities find a way not to investigate claims. I must add that we cannot blame those judges who, in fact in many jurisdictions, have encouraged prosecutors to bring these cases to them. In Pennsylvania, there is a task force of judges promoting this initiative.

Elder Abuse Fatality Review Teams

Guardianship Jurisdiction

Neglect

Annual Summaries of State Legislation Amending Adult Protective Service Laws

Laws Related to Elder Abuse

It appears that the American Bar Association, elder law and trusts/estate attorneys and those organizations dedicated to addressing elder abuse are the only hope to educate the prosecutors in this country and insist that states become pro-active this uphill battle.

As I always mention, please report all incidents to the proper authorities. You can also find information on the National Center on Elder Abuse’s website at http://www.ncea.aoa.gov.

If you live in Philadelphia, PA or the surrounding areas or in the State of New Jersey, you may contact the Pile Law Firm at 610-718-6368 for assistance in elder law and estate planning matters. The website is http://www.pilelaw.com.

Please feel free to leave your questions or comments.

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