The Elder Justice Act
- Elder Abuse Prevention Intervention Demonstrations (PPHF)
- Elder Justice Innovation Grants
- State Grants to Enhance Adult Protective Services
- Voluntary Consensus Guidelines for State APS Systems
- National Adult Maltreatment Reporting System (NAMRS)
- The Elder Justice Act: Background and Issues for Congress PDF; Updated June 15, 2020
ELDER ABUSE AND ELDER FINANCIAL EXPLOITATION STATUTES
TITLE XX—BLOCK GRANTS AND PROGRAMS FOR SOCIAL SERVICES AND ELDER JUSTICE
DOJ, ABA & APA ELDER ABUSE RESOURCES, LAWS & GUIDES
Legal Standards of Undue Influence
The Restatement of Contracts, an authoritative secondary legal source, defines undue influence as follows: Undue influence is unfair persuasion of a party who is under the domination of the person exercising the persuasion or who by virtue of the relation between them is justified in assuming that that person will not act in a manner inconsistent with his welfare (“Restatement (Second) of Contracts,” 1981).
The doctrine is akin to doctrines of fraud and duress and may be alleged in legal transactions, such as executing a will, entering a contract, or conveying property to another, as well as cases of financial abuse, sexual abuse, and even homicide. Other definitions stress the psychological component of undue influence, the intentional and improper use of power or trust in a way that deprives a person of free will and substitutes another’s objective.
Restatement of Contracts – Second: The Restatement of the Law of Contracts is a legal treatise from the second series of the Restatements of the Law, and seeks to inform judges and lawyers about general principles of contract common law. It is one of the best-recognized and frequently cited legal treatises in all of American jurisprudence. Every first-year law student in the United States is exposed to it, and it is a frequently cited non-binding authority in all of U.S. common law in the areas of contracts and commercial transactions. It is a work without peer in terms of overall influence and recognition among the bar and bench, with the possible exception of the Restatement of Torts. The American Law Institute began work on the second edition in 1962 and completed it in 1979; the version in use at present has a copyright year of 1981. For an explanation of the purpose of a restatement of law, see Restatement of the Law.
Guardianship Abuse Report Submitted to the United Nations
REPORT TO THE SPECIAL RAPPORTEUR ON TORTURE, UNITED NATIONS ADULT GUARDIANSHIP AS A FORM OF TORTURE IN THE UNITED STATES.
HuffPost: Is Elder Guardianship A New Form Of Human Trafficking?
“…. the victims are seniors. The partners in crime are financial predators and agents of the Elder Guardianship system — attorneys, professional guardians, medical experts, and others who are paid out of the senior’s assets. There are some good judges but many are overworked and some are actively aiding the exploitation. Anyone can file to deem you incapacitated. The entire process from filing an incapacity petition to plenary guardianship where all rights are removed can happen within days. Yet, once you’re caught in the web, it’s almost impossible to break free… AND you are forced to pay your abusers in the process.”
When Guardianship becomes Human Trafficking.
Human Trafficking: Hunting the elderly, children and disabled for profit in America.
Article Excerpt From Elder-laws.com
Like all people, the elderly have certain rights and privileges that are outlined by United States legislation. For example, elderly rights prohibit an individual from subjecting an elder to Hundreds of thousands of elders are subjected to elderly abuse every year. Elder abuse law violations include offensive behavior such as beating, taunting, threatening, molesting, or exploiting an elder.
Elder abuse law has designated elderly rights transgressions to be criminal and illicit activity, punishable by hefty fines or imprisonment. The Older Americans Act is an elder abuse law that seeks to provide federal funding to research and projects related to aging, and is specifically focused on developing and improving social services and community planning for elders.
The Vulnerable Elder Rights Protection Program is another elderly abuse law effected to increase awareness about the prevalence of elder abuse and advocate for elderly rights. The Program also conducts federal funding to states, in order to encourage them to develop services dedicated to assisting elders. This legislation that seeks to maintain elderly rights is similar to the child abuse laws that prohibit individuals from subjecting children to physical harm or emotional damage.
In order to help ensure elderly rights are maintained, judicial officials often punish elderly abuse harshly. The punishment assessed for elder abuse varies a great deal from one state to another. Because each state maintains the ability to establish its own laws, one state government may exact a relatively benign punishment upon an individual convicted of elder abuse, while other states may impose a much more severe sentence upon the offender.
In some states, elder abuse law perceives the maltreatment of an elderly individual as a misdemeanor, while other states punish this behavior as a felony. Depending upon the severity of the charge that is imposed, an offender may be required to spend numerous years in prison as punishment for his/her behavior.
Individuals maintain fundamental rights regardless of their age. Violating these rights is a breach of the United States Constitution and federal legislation, and if caught, a perpetrator will face certain legal consequences.
Research assistance, educational resources and citation’s courtesy of regional newspapers, grassroots elder rights advocates, affiliated vulnerable person organizations, State & Federal Act ordinances.
BUSINESS ALLIES COMMUNITY FOCUSED SERVICES FOR COMMERCE & HUMAN RIGHTS.
Business Allies is a Profit to Nonprofit Northwest Business Alliance. Seattle & Spokane Washington, Sandpoint, Coeur d’alene, Kootenai County Human Rights Projects for Elder Justice. Data aggregation sources and leads focused on family rights and community safety. Advocate Platforms Research for Guardianship, Conservatorship abuse, exploitation & negligence and enmeshed probate court corruption. Public data aggregation sources and leads: regional newspapers, VP Taskforce, AltrueSoft Tech Platforms, Citizen to Citizen Reporting, Citizen’s Bureau of Investigation, Northwest Journal News, Grassroots Elder Advocate Organizations, state & national GAO research monitoring & grant projects. Department of Justice elder rights investigation protocols by adult protective services or law enforcement, prosecution, and trauma recovery:
- National Adult Mistreatment Report System (NAMRS) collects state-level adult protective services data.
- National Incident-Based Reporting System (NIBRS) collects state-level law enforcement data.
- FTC Consumer Sentinel Network collects consumer complaints from multiple sources.
- Financial Crimes Enforcement Network (FinCEN) collects data on suspected elder financial exploitation submitted by financial institutions.
Key search terms: grant research objectives & Administrative rules for Adult Protective Services, State Health Departments, Elder Abuse and Exploitation requirements legislated by the Code of Federal Regulations, Social Security Act, Americans with Disabilities Act and Older Americans Act. Aggregated & direct interviews via Citizen research and complaints focused on elder abuse, exploitation and negligence, human trafficking, corruption, professional cronyism among state licensed service providers such as Estate Planning Attorneys, Doctors, Physicians, Clinicians & coordinated medical ethics for elder care, neurocognitive & capacity evaluations, Conservator, Court Visitor, LSW, Guardian, Guardianship, Trustee, Management Services, Model Rules of Professional Conduct, Rules of Civil Procedure, State Bar Ethics Commissions, CMS, Hospital, Facility Management, SEC, FINRA, Code of Federal Regulations, Tax Fraud, Wealth Management Services, Certified Financial Forensics & CPA Investigation manuals, Uniform Code and many more industry compliance guidelines . Supported by research from over site sources, Bureau of Occupational Licenses and all State Statutes relevant to Negligence, Exploitation & Abuse including Probate Court monitoring, Senate Hearing on “Toxic Conservatorships“, recent federal legislation, Acts of Congress, Elder Justice Act, Elder Abuse Guide For Law Enforcement (EAGLE), American Bar Association & American Psychologists Association Resources on & Elder Abuse & Vulnerable Person Legislation.
Courtesy of Citizen’s Public Safety Network & Citizen’s Bureau of Investigation Community Safety Projects | Spokane; Washington, Sandpoint & Coeur d’alene; Kootenai County, Idaho Elder Abuse Advocates & Grassroots Networks.
One thought on “Elder Justice, Civil Rights & Human Trafficking”
IN RE: ESTATE OF ROLL, 115 IDAHO 797, 799 770 P.2D 806, 808 (1989):
“A will may be held invalid on the basis of undue influence where sufficient evidence is presented indicating that the testator’s free agency was overcome by another.”
GMEINER V. YACTE, 100 IDAHO 1, 607, 592 P.2D 57, 62-63 (1979):
“Undue influence is demonstrated through proof of four elements:
A person who is subject to undue influence;
An opportunity to exert undue influence;
A disposition to exert undue influence; and
A result indicating undue influence occurred.”
Evidence relevant to the question of undue influence includes the following:
The age and physical and mental condition of the one alleged to have been influenced;
Whether the testator had independent or disinterested advice in the transaction;
The providence or improvidence of the gift or transaction,
A delay in making the transaction or gift known to others;
The consideration or lack or inadequacy thereof for any contract made;
Necessities and distress of the person alleged to have been influenced;
The testator’s predisposition to make the transfer in question;
The extent of the transfer in relation to the testator’s whole worth;
Failure to provide for the testator’s own family in the case of a transfer to a stranger, or failure to provide for all of the testator’s children in case of a transfer to one of them
Active solicitations and persuasions by the other party; and
The relationship of the parties.
A particular transaction in a will is suspicious if it seems “unnatural, unjust, or irrational.” An unnatural disposition should cause a court to scrutinize the entire will.
IDAHO STATUTES § 15-3-407:
Contestants of a will have the burden of establishing lack of testamentary intent or capacity, undue influence, fraud, duress, mistake, or revocation.
IN RE: LUNDER’S ESTATE, 74 IDAHO 448, 454, 263 P2.D 1002, 1006 (1953):
“[I] t is not necessary to prove circumstances of either actual domination or coercion; that the only positive and affirmative proof required is of facts and circumstances from which undue influence may be reasonably inferred,” (citing In re Estate of RANDALL, 60 Idaho 419, 421, 93 P.2d 1, 1 (1939).
IDAHO JURY INSTRUCTION IDJI 6.28.6: DEFENSE OF UNDUE INFLUENCE (CONTRACTS)
To establish the defense of undue influence, the party must prove each of the following propositions:
The party was compelled to accept the contract by deceit, force, or fear;
But for the deceit, force, or fear, the party would not have entered into the contract.