Joint State's Amazing Record and Report

On August 1, 2013, the Pennsylvania Joint State Government Commission posted a Report, dated August, 2013 (PDF, 4.7 MB), entitled The Probate, Estates and Fiduciaries Code and Orphans' Court Matters: Legislation Recommended by the Advisory Committee on Decedents' Estates Laws, which encapsulates -- in 291 pages of history, descriptions, summaries, lists, and tables -- the amazing impact of that organization upon probate, estate, fiduciary, and related statutes, and upon Orphans' Court matters generally, since 1945 in this Commonwealth.

The Joint State Government Commission itself was established on July 1, 1937, to serve as "the primary and central non-partisan, bicameral research and policy development agency for the General Assembly of Pennsylvania."  

Its first appointed advisory committee -- the Advisory Committee on Decedents Estates Laws. (ACDEL) -- was established in 1945.  Since then, the "Advisory Committee has generated more than 40 reports that have served as the basis for legislation introduced during numerous legislative sessions of the General Assembly", which have improved Pennsylvania law in Title 20 of the Pennsylvania Consolidated Statutes (the Probate, Estates and Fiduciaries Code -- "PEF Code") and related statutes.  

The Report provides not only a history of ACDEL, but also a compiled reference of its work products, developed by various JSGC ad hoc study groups, legislative resolution task forces, and the standing ACDEL.  Such groups have analyzed, drafted, reviewed, revised, and recommended statutory law in the Commonwealth for the past sixty-eight years.

This report first recounts the purpose of 1945 Senate Resolution No. 46, which authorized the Joint State Government Commission to form a legislative task force and advisory committee to review decedents’ estates laws.

This is the Report's Summary of its contents:

The section titled The Task Force and Advisory Committee on Decedents’ Estates Laws also discusses the membership and leadership of the Task Force and Advisory Committee and outlines the process used to develop statutory recommendations.  Finally, that section summarizes the projects of the Advisory Committee from 1945 to 1972, the codification of the PEF Code (including the original chapter organization of the PEF Code), and proposed legislation since 1972.

The next section, Advisory Committee Reports, lists all 43 published reports of the Advisory Committee since its creation.  Numerous reports published after the 1972 codification contain proposed omnibus amendments to the PEF Code and, in some instances, to other titles of the Pennsylvania Consolidated Statutes.  Other reports focus on one particular topic, such as guardianships, powers of attorney, or trusts.

The list of Advisory Committee reports is followed by Proposed Legislation Organized by Advisory Committee Report.  This section details the contents of each report and provides the specific section and subsection that is the subject of the proposed amendment or repeal or that is newly proposed.  The reports are listed in reverse chronological order.

The next section, Proposed Legislation Organized by Statutory Section, comprehensively lists each specific section and subsection to which the Advisory Committee has made a recommendation.  It then summarizes the nature of the recommendation (proposed amendment, repeal or addition) and the report containing the recommendation.  Of note is that, in a number of instances, the Advisory Committee has revisited the same provision over the years, and several reports capture the multiple or recurring recommendations.

The section that then follows is Proposed Legislation Organized by Legislative Session.  Listed here are each bill introduced that is based on the recommendations of the Advisory Committee, along with the relevant provisions included in the bill and a summary of the disposition of the bill.  If the bill was enacted, the act number and enactment date is provided.  In two instances, a bill containing the Advisory Committee’s recommendations was vetoed by the Governor, despite having passed both chambers of the General Assembly unanimously.

The next section of this report provides a detailed table of contents for the PEF Code, as it was enacted in 1972.

Finally, this report contains a list of the Advisory Committee Chairs and Advisory Committee members, with dates of service and county of practice.

The Report itself is impressive in its sweep and detail.  But the story of passion and perseverance that it implies -- if you can read between the lines (because this is not pulp fiction) -- is even more impressive.

Consider that, since 1945, only 110 volunteer experts spread over 68 years -- many devoted until only death ceased their efforts -- donated their time, expertise, experiences, intellect, skills, and visions to suggest statutory frameworks that still evolve today.  Presently, the ACDEL has 34 members appointed by the Legislature, in roles either as lawyers or judges, serving pro bono.

Their work addressed the most difficult issues in human experience and the most fundamental laws affecting everyone -- disability, incapacity, death, reproductive technology, surrogate health care management, fiduciary administrations, and end-of-life decisions.

The most recent JSGC-ACDEL comprehensive report was issued in October, 2012, regarding reform of Pennsylvania guardianship law, contained in Chapter 55 of the PEF Code. See: Guardianship Law: Proposed Amendments to the Probate, Estates and Fiduciaries Code, which presently is embodied in Senate Bill 117 of the 2012-13 Session, as reviewed in a Legislative Analysis, dated February 12, 2013.

If that is not enough to impress you, check out the companion report also posted on August 1st -- Domestic Relations Law: Legislation Recommended by the Advisory Committee on Domestic Relations Law 1993-2010 (PDF, 218 pages).

The current supervising Legislative members of JSGC are listed.  All volunteer members of the ACDEL since 1945 were named.  The current supporting staff are listed, but past staff are not.  All were devoted to their craft.

JSGC-ACDEL produces studies and makes recommendations that are non-political, independent, expert, comprehensive, and reliable, in a cost-effective process. In this time of reduced funding and personnel, this organization is beyond special -- it is amazing.

The Joint State Government Commission is a one-of-a-kind blessing to this Commonwealth that, hopefully, will continue its work long into the future.

PBA RPPT Section Newsletter, Winter 2013

The Winter, 2013 Newsletter (Issue No. 72) of the Real Property, Probate & Trust Law Section, of the Pennsylvania Bar Association, was published on February 28, 2013, and will be mailed to members in printed form.  It will be available to the public in PDF format for a limited two-week period through a link to the PBA's website.

A recent email from the PBA to members noted the availability of this Newsletter (24 pages), among a few other section newsletters recently published:

PBA Real Property, Probate and Trust Law Section: Newsletter, Winter 2013 – Includes "Estate and Trust Tax Changes for 2013," "Inheritance Tax Return Correction Procedures Clarified," "New Law for Disposing of Abandoned Personal Property Left by the Tenant at the Leased Premises"

This is the index to the Newsletter:

Both "dirt" (Real Property Law Division) and "death" (Probate & Trust Law Division) lawyers in Pennsylvania can benefit by reading the articles in this issue.

A vibrant and committed new team of editors, drawn from both Divisions, worked on this issue.

Two key PBA staff members continue to oversee publication efforts at the PBA.  Amy Kenn, who worked on the Newsletter years ago and who recently resumed involvement following the birth of her daughter, and Michael Shatto, who remains the RPPT Section's liaison after so many years, assure smooth functioning in its production.

My good friend and fellow Section volunteer, Mark B. Hammond, Esq., of Chambersburg, PA, officially "retired" as an editor from production of the Newsletter last year.  Both the Section's leadership in the Chair's Report, and me personally here, thank Mark for his years of services on many issues of the Newsletter.  

After continuous involvement in the Newsletter since 1978, I transitioned into a new role as "Editor at Large", with intention of further contributions as I can be helpful.

After thirty-five years, the Newsletter, to me, is like my grown child, not needing me as much, but still a source of tremendous joy and pride in the fulfillment of its dual purposes:  Disseminating information and facilitating connections for lawyers who are involved in these two areas of law practice in Pennsylvania.

New Book: "The Law of Financial Abuse and Exploitation"

In January, 2011, Katherine C. Pearson and Trisha E. Cowart, both associated with Penn State's Dickinson School of Law, released their new book entitled The Law of Financial Abuse and Exploitation, published by Bisel, Inc.

This 382-page softcover book is described on the website of its publisher (located in Philadelphia, PA), as follows:

"An ounce of prevention is better than a pound of cure."

As the state with the third highest percentage of older adults, Pennsylvania is often the arena for financial abuse or exploitation. This timely new book presents the legal consequences of financial exploitation, both in criminal and civil terms.

By focusing on the law of exploitation, this essential guide will give those who assist older adults and dependent persons, including attorneys, courts, financial advisors, banks, social workers and families, clear guidelines for prevention of financial exploitation.

The step-by-step analysis of alternative remedies will be useful to legal advisors, whether in or outside of the Commonwealth, especially when pursuing a timely, full recovery.

Katherine provided a more personal synopsis in a letter that I received from her today, in reply to my inquiry about the new book.

While this is more than of a law book than a consumer book (and therefore has a state-specific format in our first edition), because of the regular questions that co-author Trisha and I receive about financial abuse, particularly in the context of older adults, we've tried to broaden the appeal.

We try to use "plain language" throughout the book, to make it more accessible than the traditional legal guide, while still being useful to practitioners and courts.

This is a summary of its chapters:

1. The Public and Private Challenges of Financial Abuse
2. The Role of Protective Service Authorities
3. Criminal Causes of Action
4. Civil Causes of Action 
5. Unfair Trade Practices and Consumer Protection Laws 
6. The Role of Filial Support Laws In Cases of Suspected Financial Abuse
7. Reporting Suspected Financial Abuse: Mandatory Versus Voluntary Obligations
8. The Importance of Attorneys As Counselors 
9. The Importance of The Courts

The book also includes practice forms (like complaint forms and model court pleadings) in its Appendices, a Table of Cases cited within the book, and an index to its covered subjects.

The Law of Financial Abuse and Exploitation presents a reliable, organized, and straightforward explanation -- with practical guidance born of clinical experience -- of an evolving subset of elder law in Pennsylvania.  Those who would regulate elder abuse under existing laws, those who would seek remedy in the Orphans' Court Division for financial exploitation of a elderly person by a fiduciary, or those who strive to expand or reform laws on financial exploitation of the elderly, should read this book.

PA Law Resources Available

Recently in researching, I came across a basic guide to sources of Pennsylvania law (statutory, regulatory, judicial opinions, and practice treatises) entitled "Legal Guide: Pennsylvania Practice Aids" (June, 2008; PDF, 2 pages), posted by the Widener University School of Law's library.

Such a primer should be helpful for any "newbies" to the subject of Pennsylvania law, whether first-year law students or other students seeking an overview of rules issued by Pennsylvania's three-branch system (legislative, judicial, & executive).

Widener University Law School's library in Harrisburg, PA, is listed among similar facilities at the eight Pennsylvania law schools, as compiled by HG.org, a legal information service.  Its law collections can be searched online, just like the online legal collection at the University of Pennsylvania Law School's Law Library, and many others.  Some of these resources are restricted to students, but many of the linked resources are usable by anyone.

In Pennsylvania, the most comprehensive online resource of law-related links likely remains Pennsylvania Legal Research Websites, which I reviewed previously.  I described it as "the definitive listing of legal links in the Commonwealth."  See: PA EE&F Law Blog posting "PA Legal Research Websites" Shines (05/01/08).  Younger folks would just say, "Awesome!"

For general questions in Pennsylvania, we could consider another resource:  the Ask Here PA service, which is "designed to provide fast answers to your questions, using information found on the Internet and in proprietary databases funded by libraries." 

They promise a response to a question sent by email within fifteen minutes or less.

Sounds like an oracle I might use on a tough issue.

“The ancient oracle said that I was the wisest of all the Greeks.

It is because I alone, of all the Greeks, know that I know nothing.”

 -- Socrates (Ancient Greek Philosopher, 470 BC-399 BC)

"Law of the Aged" Web Links

The Duquesne University Center for Legal Information, which is also the website for the Allegheny County Law Library, lists useful links and resources on its web page dedicated to the "Law of the Aged."

These include:

Web Sites

MegaLaw - Elder Law
Virtual Chase - Elder Law
WashLaw - Elder Law
ABA - Commission on Law & Aging

Blawgs and RSS Feeds

Elder Law Prof Blog
PA Elder, Estate and Fiduciary Law Blog
Justia - Elder Law Law Blogs

Articles

Justia - Elder Law Articles

The referenced websites offer many resources, but some are a bit dated -- MegaLaw (updated in 2007) and Virtual Chase (updated in 2004). Still, such academic websites offer more trustworthy website links than would a mere Internet search on a term like "elder law", which often places commercial websites in prominent positions among results.

For another academic presentation of current and detailed legal websites, focused primarily on Pennsylvania, but extending beyond, as previously noted in my posting "PA Legal Research Websites" Shines (05/01/08), see Pennsylvania Legal Research Web Sites, by Dittakavi Rao.

PA Bar Association's "Senior Guide" Reissued

In September, 2009, the Pennsylvania Bar Association issued its 2009 Guide to Legal Issues for PA Senior Citizens, available free in PDF format on its website and by request in printed form.

This annually-revised guide, developed by the Senior Lawyers Committee of the PBA, provides information about legal issues faced by Pennsylvania's older residents and their caregivers. The information provided helps seniors make appropriate choices so they can maximize personal autonomy, minimize costs, navigate through the maze of government benefits, and protect themselves against predators who want to deceive, exploit or defraud.

The Foreword to the revised publication explains the objective of the publication:

This guide is designed to provide information about legal issues faced by Pennsylvania’s older residents and their caregivers. Its authors and publishers intend to help seniors make appropriate choices so they can maximize personal autonomy, minimize costs, navigate through the maze of government benefits, and protect themselves against predators who want to deceive, exploit or defraud.

Senior citizens within Pennsylvania require timely and reliable access to legal information. The Senior Lawyers Committee of the Pennsylvania Bar Association has determined that it can best serve the needs of the legal community by serving the needs of the citizens of Pennsylvania.

Its concentration on the creation of this statewide Guide for Senior Citizens is complimented by other programs such as a mentoring project, a pro bono project and the sponsorship of continuing legal education (CLE) programs, all designed to aid the legal community by offering the expertise of older, more experienced attorneys to all Pennsylvania practitioners. This in turn helps to bring the best possible representation to the clients of Pennsylvania Lawyers.

This publication, in its 94 pages, is like a textbook for consumers on issues in the areas of Elder Law. I last noted such free, quality publications offered by bar associations in a posting entitled Online PA "Elder Law" References (01/26/07).

These areas of the law are noted in the publication's Table of Contents:

Elder Law

• Attorney-Client Relations

• Continuing Legal Education

• Pennsylvania Lawyers Fund For Client Security

• Choosing an Attorney

• Pennsylvania Local Lawyer Referral Services

Older Americans Act

• Area Agencies on Aging

• Services Provided

• Attendant Care

• Senior Adult Activities Center (SAAC)

• Resources

Financial Planning

• Income Tax Planning

• Tax Preparation

• Standard Deduction at Age 65

• Income Tax Credit Age 65 or Older

• Medical Expense Deductions

• Sale of Residence; Exclusion of Gain from Income

• Tax Basis; Special Rules for Surviving Spouses

• Reverse Mortgages (Home Equity Conversion)

• Basic Requirements

• Types of Reverse Mortgages

• Impact of Reverse Mortgages

• Property Tax and Rent Rebates

• Amount of Rebates

Estate Planning

• The Will

• Trusts

• Revocable Living Trusts

• Non-Probate Property

• Inheritance, Estate and Gift Taxes

• Pennsylvania Inheritance Tax

• Federal Estate and Gift Taxes

• Planning for Gifts

• Meeting with your Lawyer

Power of Attorney

• Revoking a Power of Attorney

• Special Powers of Attorney

• Failure to Act
  

• Fraud

• Health Care Provisions in a Power of Attorney

• Health Care Powers of Attorney and Living Wills

HIPPA

• Out of Hospital Do Not Resuscitate (DNR) Orders

Guardianships

• Hearing Before the Court

Social Security

• Applying for Benefits From the Social Security Office

• Deadlines

• Toll-Free Social Security Number

• Website

• Written Explanation for Denial of Benefits

• Correcting Records with Social Security

• Legal Assistance

• Social Security Benefits

• Retirement Benefits

• Social Security Disability Insurance Benefits (SSDIB)

• Supplemental Security Income Benefits (SSI)

• Survivor Benefits

• Benefits for a Divorced Spouse

• Benefits for a Divorced Widow(er)s

• Income Tax on Social Security Benefits

• Considerations and Issues to be Aware of if you Already Receive Some Benefits

• Resources

• Social Security Fact Sheet

Medicare

• Part A – Hospital Insurance.

• Part B – Medical Insurance

• Additional Insurance

• Medigap Medicare Supplement Insurance Policies

• Medicare Advantage

• Medicare Savings Program

• Notice Questions and Appeals

• Appeals
  

• Part D Assistance for Persons with Low Income

Medicaid

• Eligibility

• Disqualification

• Estate Recovery

• Medicaid Planning

Apprise

Pennsylvania Low Income Home Energy Assistance Program (LIHEAP)

Public Benefits

• Railroad Retirement Benefits

• Disability Benefits

Veterans’ Benefits

• Federal Benefits for Veterans and Dependants

• Veterans’ Health Care Benefits

• The Veterans’ Uniform Benefits Package Medicare

• Additional Prescription Benefits for Members of the Uniformed Services

• Legal Counseling for Veteran’s Benefits

Public Benefits for Non-Citizens

Low Cost Legal Services

Long Term Care Facilities

• Nursing Homes

• Resident’s Rights

• Assisted Living Facilities

• Questions

• Resident’s Rights

• Continuing Care Retirement Communities (CCRC)
  

Housing Options

• Services for Individuals who Remain in Their Homes

• Independent Housing Options

• Housing Options for Individuals Who May Require Assistance or Supervision

• National Housing Locator for Seniors

• The National Family Caregiver Support Program

• Geriatric Care Managers

• Nursing Home Licenses

• Resources

Long Term Care Insurance

• Long Term Care Costs

• Services Covered

• Coverage Needed

• Factors Affecting Costs

• Benefit Triggers

• Newest Developments

• Consumer Tips

• Independent Advice

• Resources

Elder Abuse and Neglect

• Signs of Abuse or Neglect

• If you Observe Abuse or Neglect
  

• If you are Abused

• Protection From Abuse Orders (PFAs)

• Zero Tolerance of Abuse

Americans with Disabilities Act (ADA)

• Disability Defined

• Accommodations

• Reassignment

Age Discrimination in Employment Act (ADEA)

• Protection from Discrimination Against Caregivers

• Special Agencies

Consumer Protection

• Pennsylvania Consumer Protection Bureau

• Suggestions for Resolving Complaints.

• Avoiding Scams

• Charitable Organizations

• Mail Fraud or Identity Theft

• Telemarketing

• Do Not Call Lists

• On-line Scams

• Resources

Grandparents’ Custody and Visitation Rights

Mediation Services

• Benefits of Mediation

Drivers’ Licenses

Identification Cards

Handicapped Parking

Personal Records

• A Checklist for Your Personal Filing System

Index

Dedicated lawyers, working pro bono, initiated, revised, and updated this Guide to Legal Issues for PA Senior Citizens.

It is reliable, current, and useful, and, therefore, is highly recommended as a resource.

PA DPW Updates Medicaid LTC Handbook Online

On January 6, 2009, the Pennsylvania Department of Public Welfare updated its Long-Term Care Handbook Operations Memoranda webpage (previously revised on 07/29/08) publicly posting its collective policies and procedures for long-term care payments under the Medicaid program in the Commonwealth, applied post-DRA (federal Deficit Reduction Act of 2005). The modified policies affected by the DRA are highlighted in red text.

The Table of Links for DPW's Operations Memoranda (all in PDF format) is copied below:

LONG-TERM CARE HANDBOOK OPERATIONS MEMORANDA

OPS NUMBER	DESCRIPTION	CHAPTER(S)/ SECTIONS(S)	Ops Date
OPS081205	Cost of Living Adjustment (COLA) Increase Affecting Long Term Care (LTC) Budgets Effective January 1, 2009	Not Linked	December 5, 2008
OPS080604	Money Follows the Person (MFP) Demonstration Project	Pending Chapter Release	June 13, 2008
OPS080603	Adult Autism Waiver	Not Linked Pending Chapter Release	June 13, 2008
OPS070211	Disqualification for Payment of Long Term Care Services for Individuals With Substantial Home Equity	Not Linked	February 26, 2007
OPS070210	Changes to Spousal Impoverishment Policy and Procedures Related to Medicaid/Long Term Care	Not Linked	February 26, 2007
OPS070209	Undue Hardship Waiver Provisions	Not Linked	February 26, 2007
OPS070208	Annuities	Not Linked	February 26, 2007
OPS070207	Changes to Policy Regarding the Purchase of a Life Estate in Another Individual’s Home	Not Linked	February 26, 2007
OPS070206	Changes to Policy Regarding Promissory Notes, Loans and Mortgages	Not Linked	February 26, 2007
OPS070205	Transfer of Assets for Less Than Fair Market Value	Not Linked	February 26, 2007
OPS060503	(SSP) Program – Overpayment Referrals	450.13	May 26, 2006
OPS060603	Application of Spousal Impoverishment Provisions for Current Recipients of Home and Community-Based Services	Not Linked Pending Chapter Release	June 15, 2006
OPS041005	Exclusion of Mandatory Income Tax Withholdings and Social Security Administration Benefit Recoupments When Determining Contribution Toward Cost of Long-Term Care Services	450.24	October 22, 2004
OPS020407	Annuities and Guardian Fees	468.3	April 30, 2002
OPS040204	Mandatory Standard Utility Allowances (SUAs)	468.33, 468.331	February 13, 2004

For background regarding the changes wrought by the DRA, see: PA EE&F Law Blog postings: "PA DPW's New Policies under DRA" (04/04/07); "DRA to be Effective in PA on Feb 1st ... no ... Mar 1st, 2007" (01/03/07); and "Pre-DRA Annuities in PA" (11/27/06).

The only recently promulgated regulations are dated December 5, 2008, related to "Cost of Living Adjustment (COLA) Increase Affecting Long Term Care (LTC)." The other additions (in red text) to the website were effective February 26, 2007, but only now are posted on DPW's website for public access.

Is this DPW's compliant response to the new Pennsylvania Open Records Law, which took effect on January 1, 2009? If so, that's a good effect of the new law.

To learn more about this new law, see: the Pennsylvania Open Records Office official website.

For whatever reason, it is good to know where to find, online, DPW's current standards and rules applicable to long-term care payments under the Medicaid program administered in Pennsylvania.

Thanks go to Attorney Robert Clofine, of York, PA, for drawing this development to the attention of the listserv members of the Elder Law Section, of the Pennsylvania Bar Association.

POA Abuse Report and a PA POA Trial

On December 4, 2008, the AARP Public Policy Institute and the American Bar Association's Commission on Law & Aging, issued a research report entitled "Power of Attorney Abuse: What States Can Do About It" (Nov., 2008), which "explores the problem of power of attorney abuse and how state legislatures can protect vulnerable adults against it."

More specifically, the Report "explains how the new [model] Uniform Power of Attorney Act helps prevent, detect and redress abuse, and provides resources to promote enactment of this model law."

The Full Report (PDF, 88 pages) was co-authored by Lori A. Stiegel, JD, & Ellen M. Klem, of the ABA's Commission on Law & Aging. A summary is available online either in HTML format or PDF format.

This [AARP Public Policy Institute] research report explores the problem of power of attorney abuse and how state legislatures can protect vulnerable adults.

Powers of attorney are legal documents used by individuals to empower someone else to act on their behalf. As the population ages, the power of attorney will be used increasingly to appoint trusted family members or others to handle financial decision-making.

But it also can be a ‘license to steal,’ because it grants broad powers with little oversight.

The report shows that a large majority of states lack protections against abuse. The Uniform Power of Attorney Act, a model law, lays the groundwork for keeping seniors safe from abuse, while allowing them to plan for the future. (88 pages)

As noted in an article entitled "Elder Abuse Resource", published in the October, 2008 issue (Vol. 30. No. 1) of Bifocal (the ABA Commission's newsletter), two "fact sheets" were provided for use in the Report regarding Durable Power of Attorney Abuse, both now posted online:

• Durable Power of Attorney Abuse -- A National Center on Elder Abuse Fact Sheet for Consumers (PDF, 4 pages) [Also posted by the National Center on Elder Abuse, here.]

• Durable Power of Attorney Abuse: It’s a Crime Too -- A National Center on Elder Abuse Fact Sheet for Criminal Justice Professionals (PDF, 3 pages) [Also posted by the NCEA, here.]

The ABA Commission also posted a chart of Power of Attorney Laws: Citations, by State (PDF, 2 pages), which was expanded as to specific provisions in the Report.

The Report was noted in an article posted by AARP entitled "License to Steal: When Power of Attorney Is Used to Abuse" (12/05/08) by Carole Fleck posted online by AARP Bulletin Today.

The article highlighted perceived increasing financial elder abuse through use of a durable power of attorney, which is intended by laws to assist and protect the maker, not turn the maker into a victim of misappropriation or theft.

The power of attorney can be “a license to steal because it grants broad powers with little oversight,” says Naomi Karp, a strategic policy adviser at AARP. * * *

“We have definitely seen an increase in the number of referred cases of exploitation, particularly those that deal with power of attorney documents,” says Art Mason, director of the elder abuse prevention program at Lifespan, a nonprofit in Rochester, N.Y., and president of the National Adult Protective Services Association. “The vast majority of cases involve someone in the family.”

The saga typically begins when an older adult, usually a woman whose husband handled the finances, becomes widowed and starts to fall behind on her bills. Often, an individual’s diminished mental capacity plays a role in the need for help from family or friends.

This creates the opportunity for someone in the family or a trusted friend to take advantage of a vulnerable person, “with no criminal consequences,” Mason says.

“For 10 years now, it’s been a battle to get legislation passed that would give law enforcement more opportunities to go after people criminally who abuse their power of attorney.”

Issuance of the Report was also noted in a nationally published article, entitled "Senior citizens can lose life savings via power of attorney" (12/04/08), by Sandra Block, posted by USA Today. That article noted some bullet point reminders as to "[h]ow to protect yourself when assigning power of attorney":

• Trust. Don't give anyone even a child or spouse power of attorney unless you thoroughly trust that person with your finances, says Naomi Karp, strategic policy adviser for the AARP Public Policy Institute.

• Verify. Consider requiring the person who has power of attorney to periodically report to a third party, such as your lawyer or another family member.

• Communicate. Make sure other family members know who has your power of attorney. That way, Karp says, they can be on the lookout for misconduct.

For an illustrative case of alleged financial abuse under a durable power of attorney, read a Press Release, issued November 29, 2007, by the PA Attorney General's Office, entitled "Attorney General Corbett announces criminal charges against a Schuylkill County couple accused of stealing more than $84,000 from an elderly man."

The trial on those announced criminal charges is now underway in Pottsville, PA in a Schuylkill County Common Pleas criminal jury trial, according to "Caregivers on Trial for Stealing Thousands" (12/09/08) by Norm Jones, posted by WNEP (TV-16) (Northeastern PA):

A trial began Monday for a Pottsville couple accused of stealing tens of thousands of dollars from an elderly man they were supposed to take care of.

The state attorney general's office is handling the case because the district attorney asked for the state's help in investigating the theft and conspiracy case.

Monday attorneys for both sides made opening statements in the trial against Robert and Catherine Whitney. They are charged with stealing $85,000 from Louis Long of Mahanoy City.

The Whitneys' attorney is trying to prove they didn't steal from Long, but had permission to use his money to pay for his care.

The attorney general's office told jurors the Whitneys milked more than $85,000 from Long's bank accounts but defense attorneys painted a much different picture, about a family who took in an elderly man and when he was stricken with Alzheimer's, cared for him 24 hours a day, seven days a week. * * *

For a further account, see "Were pair thieves or caregivers of elderly man?" (12/09/08), posted by The Morning Call (Allentown, PA):

A Schuylkill County couple befriended a man at the outset of his Alzheimer's disease, took him into their home and drained $167,000 from his accounts before his bank teller friends alerted authorities, who removed him from the home a month before his death, a state prosecutor told a jury Monday.

But the lawyer for Catherine Whitney, 58, and her husband, Robert, 57, said they did nothing more than take in and provide end-of-life care for a friend who made them promise they wouldn't let him die in a nursing home ''alone, isolated in loneliness, cared for by no one, loved by no one.'' * * *

In the setting of this criminal trial where the principal is deceased, consider this: Pennsylvania law already contains many protections intended to prevent financial elder abuse -- far more than many state laws reviewed in the Report.

Yet financial abuse of the elderly continues statewide. See: PA EE&F Law Blog postings "POA Abuse Cases Pressed by PA AG" (12/03/07) and other postings under the topic "Powers of Attorney."

Soon, though, the current Pennsylvania law (Chapter 54 of Title 20 of PA Consolidated Statutes) will be revisited by a study group of the Decedents Estates' Laws Advisory Committee, of the Joint State Government Commission, to reconsider whether those existing protections are sufficient.

Update: 12/12/08:

"Robert M. and Catherine M. Whitney, charged with stealing almost $85,000 from an elderly Mahanoy City man they were caring for, were convicted Thursday in Schuylkill County Court of stealing $10,000 to pay taxes," according to an article, "Jury: $10K stolen from elderly man" (12/12/08) by Peter E. Bortner posted by The Republican & Herald (Pottsville, PA).

As the Pottsville couple's daughters wept, a jury of seven women and five men deliberated more than seven hours before finding Catherine, 58, and Robert, 57, each guilty of three counts of theft, but not guilty of five other charges, four of theft and one of conspiracy.

President Judge William E. Baldwin, who presided over the Pottsville couple's four-day trial, ordered preparation of a presentence investigation but did not set a sentencing date. He allowed them to remain free on $75,000 unsecured bail pending sentencing.

Two of the thefts are felonies with a maximum prison term of seven years, while the third is a misdemeanor with a maximum possible sentence of five years, Senior Deputy Attorney General Anthony W. Forray said.

"Absolutely," Forray said when asked if prosecutors will seek to send the Whitneys to prison.

The Whitneys, who did not visibly react to the verdict, said nothing as they left the courtroom, but their lawyer, Frederick J. Fanelli, Pottsville, said they would consider filing an appeal, which would not occur until after sentencing.

"We're disappointed in the counts that resulted in conviction," he said. "It's a curious verdict." * * *