Wednesday, September 26, 2007
Via the Prevent Elder Abuse Blog:
Can a senior center incur civil liability for elder financial abuse if it permits its facility to be used by a presenter who then financially abuses attendees? The answer may be yes, at least in California, according to San Francisco attorney Steven Riess, who contends that:
“By permitting an abuser to use its facilities for a presentation, a senior center is increasingly likely to be named as a co-defendant in an elder financial abuse lawsuit based upon direct, vicarious, and joint enterprise theories of liability.
A memorandum containing his supporting legal analysis was recently sent to city attorneys in several Santa Clara County cities, shortly after which they instructed local centers to deny access to suspect commercial enterprises. The Riess memo was also cited by the Parks and Recreation Department of the City of Red Bluff in adopting new guidelines for the use of public centers by commercial enterprises.
memo describes how senior centers have unknowingly facilitated abusers
in their efforts to exploit elders. Trust mills and unscrupulous
annuity agents, reverse-mortgage brokers, and others claim that their
“free seminars” provide seniors with valuable educational information
and materials relating to estate planning, Medi-Cal eligibility, and
Read the rest here.