Senior centers as financial abusers?
Via the Prevent Elder Abuse Blog:
Can a seniorcenter incur civil liability for elder financial abuse if it permitsits facility to be used by a presenter who then financially abusesattendees?
The answer may be yes, at least in California, according to San Francisco attorney Steven Riess, who contends that:
“Bypermitting an abuser to use its facilities for a presentation, a seniorcenter is increasingly likely to be named as a co-defendant in an elderfinancial abuse lawsuit based upon direct, vicarious, and jointenterprise theories of liability.
A memorandum containing his supporting legal analysis was recently sent to city attorneys in severalSanta Clara County cities, shortly after which they instructed localcenters to deny access to suspect commercial enterprises. The Riessmemo was also cited by the Parks and Recreation Department of the Cityof Red Bluff in adopting new guidelines for the use of public centersby commercial enterprises.
Thememo describes how senior centers have unknowingly facilitated abusersin their efforts to exploit elders. Trust mills and unscrupulousannuity agents, reverse-mortgage brokers, and others claim that their“free seminars” provide seniors with valuable educational informationand materials relating to estate planning, Medi-Cal eligibility, andother topics.