Since 2014, Matt Andres, director of the College’s Elder Financial Justice Clinic, has been advocating for better legislation to protect victims of financial exploitation. The Elder Financial Justice Clinic is already using Public Act 99-272, the Illinois law that Andres proposed last year to give financial exploitation victims a civil cause of action against their abusers and to seek redress from perpetrators of abuse.
Now the scope is bigger.
Andres has been working with the National Center for Victims of Crime to create model legislation that can be used nation-wide. The formal proposal, The Model Civil Statutory Provisions on Elder Financial Exploitation, was announced at the World Elder Abuse Awareness Day Second Global Summit, which was held Thursday, June 16, 2016 at the Securities and Exchange Commission (SEC).
“All of us involved in the development of the new Model Statutory Provisions hope that they will be used by all states to enact strong civil protections for financial abuse victims,” says Andres. “We have little doubt that the protections in the Model Statutory Provisions will not only help victims recover the money and property stolen from them, but will also act as a significant deterrent to financial abuse.”
The Model Civil Statutory Provisions on Elder Financial Exploitation proffers suggested legislative language which may be used to better define and address the current realities of elder financial exploitation, hold perpetrators civilly accountable, and enhance the remedies available to elderly victims. The statutory provisions incorporate key elements identified in the field as critical in advancing civil justice, including a broader definition of elder financial exploitation and the availability of enhanced remedies, such as treble damages.
The purpose of the Second Global Summit was to raise awareness, highlight current initiatives and share progress, especially regarding the announcement of The Model Civil Statutory Provisions on Elder Financial Exploitation.
Full press release from the National Center for Victims of Crime