SM 8 — FINANCIAL ABUSE OF SENIOR CITIZENS TASK FORCE

SENATE MEMORIAL 8 54THTH LEGISLATURE-LEGISLATURE - STATE OF NEW MEXICO - SECOND SESSION,SESSION , 2020 INTRODUCED BY Gerald Ortiz y Pino 6This 8document 10incorporates Aamendments MEMORIALthat REQUESTINGhave THEbeen EXECUTIVEadopted DIRECTORduring OFthe THEcurrent SENIORlegislative CITIZENSsession. LAW OFFICE TO CONVENE A TASK FORCE TO STUDY AND MAKE RECOMMENDATIONS ON A POSSIBLE FRAMEWORK TO COMBAT THE FINANCIAL ABUSE OF SENIOR CITIZENS AND ADULTS WITH DISABILITIES.

16The WHEREAS,document is a significanttool portionto ofshow Newthe Mexico'samendments populationin econtext tand 17 is composednot ofto seniorbe citizensused andfor adultsthe withpurpose disabilities;of amendments.

wA lMEMORIAL nREQUESTING dTHE 18EXECUTIVE andDIRECTOR =OF =THE 19SENIOR aCITIZENS lLAW WHEREAS,h atOFFICE leastTO fourCONVENE hundredA thirtyTASK thousandFORCE individualsTO iSTUDY aAND eMAKE rg 20o int Newhr MexicoRECOMMENDATIONS areON sixtyA yearsPOSSIBLE ofFRAMEWORK ageTO orCOMBAT older,THE comprisingFINANCIAL overg ae ti mk mABUSE 21OF twenty-oneSENIOR percentCITIZENS ofAND theADULTS state'sWITH population;DISABILITIES.

andh d r ei 22s WHEREAS,h reports, oft, financiale abuseu ofg seniorsWHEREAS, anda adultssignificant cportion eof sNew kMexico's 23population withe disabilitiesb arel risinge acrosse theh nationis andcomposed inof thesenior ecitizens aand nadults bwith 24disabilities; state;

n d d i = = o h and ul [] WHEREAS,b perpetrators,d ofi abusea againstº seniore citizensWHEREAS, andat .216226.1least adultsfour withhundred disabilitiesthirty includethousand notindividuals onlyr strangers,i but= oftenr includet familye members,w friendsd orm professionalsa thatn haveo otherwisein gainedNew theMexico trustare sixty years of thoseage individuals;or older, comprising over d m :

b e d s º o t n = .216226.1AIC February 4, 2020 (4:19pm) s k m e e a n e d r e l u [ A d twenty-one percent of the state's population;

and WHEREAS, reports of financial abuse of seniors and adults with disabilities are rising across the nation and in the state;

and WHEREAS, perpetrators of abuse against senior citizens and adults with disabilities include not only strangers, but often include family members, friends or professionals that have otherwise gained the trust of those individuals;

and h property theft;

and u » r WHEREAS, financial abuse is often accompanied by threats t h g e l i to the victim of abandonment, physical abuse and neglect;

and h r i s WHEREAS, financial abuse not only harms the dignity and h , e h security of senior citizens and adults with disabilities, but t u g e b l e 17e , gh also often carries irreparable and catastrophic financial e e n d 18d i = = o h consequences;

and = = l ] 19b ,d i a º r WHEREAS, senior citizens and adults with disabilities who ae l r i= 20t e w d m a n o experience financial abuse may be left without the ability to td e a t pay for housing, day-to-day living expenses, medical care and m m: 21 e d r e 22 legal assistance;

andb cr e rt cº 23o WHEREAS,t seniorn citizens= and.216226.1AIC adultsFebruary with4, disabilities2020 e(4:19pm) as nk bm 24e living- in2 the- state'se rurala areasn cane experienced evenr greatere l u [ vulnerabilityA dued topay greaterfor isolationhousing, andday-to-day limitedliving accessexpenses, tomedical .216226.1care -and 2legal -assistance; resources;

and WHEREAS, senior citizens and adults with disabilities living in the state's rural areas can experience even greater vulnerability due to greater isolation and limited access to resources;

NOW, THEREFORE, BE IT RESOLVED BY THE SENATE OF THE STATE h OF NEW MEXICO that the executive director of the senior u » r citizens law office be requested to convene a task force to t h g e l i study and make recommendations on a possible framework to h r i s combat financial abuse of the state's senior citizens and h , e h adults with disabilities, including proposed laws to t u g e b l e 17e , gh specifically define, prohibit and penalize the financial abuse e e n d 18d i = = o h of senior citizens and adults with disabilities;

and = = l ] 19b BE,d i a º r SPACº SRCºBE IT FURTHER RESOLVED that meetings of the task e r = t e w d m a n o force be composedopen ofto athe lpublic, rsubject ito 20the representativessame from:notice d m :

b r e t º o t n = .216226.1AIC February 4, 2020 (4:19pm) s k m e - 3 - e a tn A.e d r e l u [ A d provisions and exceptions provided in the Open Meetings Act;

theand»SRC»SPAC agingSPACºBE andIT long-termFURTHER servicesRESOLVED department,that mmeetings mof 21the etask dforce rbe eopen 22and includinginclusive representativesto fromthe itsextent adultpracticable; protective services c e r c 23 division;

eand»SPAC aBE nIT bFURTHER 24RESOLVED B.that the task force be composed of representatives from:

A.

the aging and long-term services department, including representatives from its adult protective services division;

B.

u [ C.

the state's district courts, including district .216226.1 - 3 - court judges;

h H.

g o t hr I.

g e i k J.

h r i s K.

the elder law section and the real property, h , t, e u g trust and estate section of the state bar of New Mexico;

e b l e e h L.

the New Mexico chapter of the American college n d d i = = o h of trust and estate counsel;

l ] b ,d i a º e M.

the university of New Mexico school of law, r i = r t e w d m a n o including a professor of health law;

N.d m :

b e d s º o t n = .216226.1AIC February 4, 2020 (4:19pm) s k m e - 4 - e a n e d r e l u [ A d N.

representatives from community banking and e e 17 credit unions;

and e e n d 18 P.

and = = l ] 19 BE IT FURTHER RESOLVED that the task force be requested to a l r i 20 prepare a written report and present its findings and t e a t recommendations to the legislative health and human services m m 21 e d r e 22 committee and to the appropriate interim committee addressing c e r c 23 courts, corrections and justice issues no later than November e a n b 24 1, 2020;

and u [ BE IT FURTHER RESOLVED that copies of this memorial be .216226.1 - 4 - transmitted to the governor, the executive director of the senior citizens law office, the chair of the legislative health and human services committee and the co-chairs of the appropriate interim committee that studies issues pertaining to courts, corrections and justice.

h - 5 - 8u 10» 12r 14t 16h eg e 17l ei h r i s h , e nh dt 18u =g =e b l ]e 19e a, lgh rn id 20d ti e= a= to mh ml 21] eb d,d ri ea 22º cr e r c= 23t e w d m a n bo 24d um [: .216226.1