Elder Financial Abuse – Undue Influence • AB 140 (Dickinson) In determining whether the outcome was produced by undue influence, the vulnerability of the victim, the influencer’s apparent authority, the actions or tactics used by the influencer, and the equity of the result shall be considered. Effective January 1, 2014.
Military Endorsements Advertising – Elder Financial Abuse • SB 272 (Corbett) prohibit any nongovernmental entity to use a seal or emblem to imply any connection or endorsement of any federal or state military, veteran or Veterans Service Organization (VSO), without approval, for the purpose of financial gain. This applies to advertising or promotion of events or products, without permission. Effective January 1, 2014.
Prohibition of Gag Orders in Elder Abuse Settlement Agreements • AB 2149 (Butler) provides that an agreement to settle a civil action for physical abuse, neglect, or financial abuse of an elder or dependent adult shall not include any provision that, among other things, prohibits contact or cooperation with the county adult protective services agency, the long-term care ombudsman or any governmental entity. The bill would provide that any such provision is void as against public policy. Effective January 1, 2013.
VA Benefit Scams/Senior Insurance • SB 1170 (Leno) expands the definition of advertisement related to the sale and marketing of insurance products to seniors; add veterans organizations and the Department of Veterans Affairs to the list of those entities that cannot be used in deceptive or misleading advertising; and add the term “veteran” to those words deemed a senior designation. Effective January 1, 2013.
Veterans Benefits/Senior Insurance • SB 1184 (Corbett) prohibits an insurance broker or agent from participating in, being associated with, or employing any party that participates in, or is associated with, the obtaining of veterans benefits for a senior, unless the insurance agent or broker maintains procedural safeguards designed to ensure that the agent or broker transacting insurance has no direct financial incentive to refer the policyholder or prospective policyholder to any government benefits program. Effective January 1, 2013.
VA Pensions • SB 180 (Corbett) prohibits a person from charging or receiving an unreasonable fee to prepare, aid, or advise individuals in obtaining or maintaining VA benefits and pensions. Effective January 1, 2012.