Relates to endangering the welfare of a vulnerable elderly person

5 Co-sponsors

• David Carlucci
• Martin J. Golden
• Jeffrey D. Klein
• Patty Ritchie
• Susan Serino

Title of bill

An act to amend the penal law, in relation to endangering the welfare of a vulnerable elderly person, or an incompetent or physically disabled person

Purpose

To expand the definition of caregiver for the purpose of sections 260.32 and 260.34 of the penal law.

Summary of provisions

Section one of the bill amends subdivision 1 of section 260.31 of the penal law to expand the definition of caregiver to include a person who voluntarily, or otherwise by operation of law, assumes responsibility for providing care for a vulnerable elderly person, or an incompetent or physically disabled person.

Section two is the effective date

Justification

The definition of caregiver in section 260.31 of the penal law is limited to a person assuming responsibility of care of a vulnerable elderly person, or an incompetent or physically disabled person pursuant to a court order, or receives monetary or other valuable consideration for providing such care. This bill would expand the definition of a caregiver to include someone that is assumes responsibility by other operations of law such as an appointed guardian or power of attorney, or some someone that is voluntarily responsible for providing care.

Prosecutors, law enforcement officers, and elder advocates have been frustrated by the limitations of New York's endangering the welfare of a vulnerable elderly person law. By not including unpaid caregivers in the definition, vulnerable older adults have been deprived of the added protection they need and deserve. By expanding the definition to include voluntary caregivers, the amended law will impose stiff criminal penalties for inflicting harm on our most vulnerable populations, and will serve as a deterrent to inflicting such harm.

Elder abuse occurs more often in people's homes than in institutional settings and is largely hidden, shrouded in secrecy and shame. Studies and reports from professionals in the field suggest that elder abuse in domestic settings is a widespread, escalating epidemic - a serious problem that exists in every community and every neighborhood. Older adults are often reluctant to reveal incidents of abuse, particularly when the abuser is a family member or trusted acquaintance. When mistreatment is reported, abusers should be held accountable for the crimes they perpetrate against their innocent victims, and should face stiff penalties for those crimes.

The recent New York State Elder Abuse Prevalence Study found that 141 out of 1,000 older New Yorkers self-reported that they have experienced an elder abuse event since turning age 60. Seventy-six out of 1,400 reported abuse within the one-year period preceding the study interview. Of the reported abusers, 88, were people other than paid home care aides, including relatives, friends, and neighbors.

Recommendations developed during the New York State Elder Abuse Summit identified the limited definition of caregiver as a barrier to prosecuting many abuse cases. Expanding the definition to include all caregivers who cause injury to a vulnerable elderly person or an incompetent or physically disabled person will eliminate that barrier.

Legislative history

S.2951 of 2013-14

Fiscal implications

None to the State.

Effective date

This act shall take effect on the sixtieth day after it shall have become law.