NY Amends Elder Law to Prevent Elder Abuse

By Sarah Purtill
Impunity Watch Reporter, North America

ALBANY, New York – Governor Andrew Cuomo signed a bill into law on September 13th that would help increase the protections against elder abuse. Assemblywoman Donna Lupardo (D-Binghamton) sponsored the bill which is now law. 11 of her fellow Assemblymen co-sponsored the bill. The new law requires state agencies to develop guidelines to help healthcare providers detect cases of elder abuse, self-neglect and maltreatment.

New York Governor Andrew Cuomo signed a new bill into law strengthening the protections against elder abuse. Photo courtesy of Biography.

The Office for the Aging, the Department of Health, and the Office of Children and Family Services will develop the guidelines and will have the guidelines available on their websites. Lupardo said, “We want the Department of Health to be a resource for this information for healthcare professionals, where they can find information on signs and symptoms, screening tools, protocols and referrals for appropriate treatment.” Her hope is that by placing all the information in one place on each website will make the information more accessible.

10% of Americans over age 60 have experienced some form of elder abuse according to the National Council on Aging. Elder abuse has many forms including physical, financial and psychological. According to a 2011 study on elder abuse, for each reported incident of abuse, there are 24 unreported incidences.

The bill before the Assembly had included increased protections against financial abuse as well, but Lupardo said it has been difficult to get all the parties to come to an agreement. The suggestion that had been in the bill was to simplify the forms for power of attorney and to have banks offer the option of opening a convenience account when a customer wants a joint account. Governor Cuomo also recognized the financial abuse of our elders, calling it a “national issue.”

Some of the counties in New York have begun to address the issue on their own. The employees of Otsego County Office for the Aging have undergone regular training on elder abuse and will be attending more in the future. Many employees went to a training on September 26th in conjunction with the New York State Office for the Aging and the Broome County Family Violence Prevention Council. The training focused on financial abuse of seniors. Organizer Denise Shukoff said, “Elder abuse is a public health issue, and health professionals are seeing and recognizing this more and more.”

Advocates of the law say that the goal is to assist healthcare workers build relationships with their patients, detect signs of abuse, and report them to the authorities.

For more information, please see:

Daily Star – State Beefs up Laws to Fight Elder Abuse – 26 September 2017

Democrat and Chronicle – NY Installs Stronger Protections Against Elder Abuse – 15 September 2017

New York State Assembly – An act to amend the elder law, in relation to developing guidelines for identifying and reporting elder abuse in healthcare settings – 2 June 2017

Under the Radar – New York Elder Abuse Prevalence Study – May 2011

Author: Sarah Louise Purtill

is a second-year law student at Syracuse University College of Law (SUCOL). In addition to being an Impunity Watch News Reporter, she is an Associate Editor for the Syracuse Journal of International Law and Commerce. Sarah is the Media Managing Editor for Syracuse Law and Civic Engagement Forum as well as the Treasurer for Phi Alpha Delta Law Fraternity’s Carmody Chapter at SUCOL. She is also serving her second term as a Class Senator for the Student Bar Association at SUCOL. Sarah graduated from John Jay College of Criminal Justice’s Honors Program in June of 2016 with a Bachelor’s Degree in Political Science and a Minor in History. Sarah expects to graduate with her Juris Doctor from SUCOL in May of 2019.

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