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Understanding and Preventing Elder Fiduciary Abuse in Louisiana

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Learn about elder fiduciary abuse, fiduciaries' roles, investigation process, and ways to report and prevent abuse. Key emphasis on financial abuse, cooperation, and community resources in Louisiana.

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Understanding and Preventing Elder Fiduciary Abuse in Louisiana

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  1. Fiduciary Abuse Louisiana Paul Greenwood, Deputy DA – San Diego, CA (619) 531-4040 email at paul.greenwood@sdcda.org Tristan Svare, Deputy DA – San Bernardino, CA (909) 387-6533 email at tsvare@sbcda.org

  2. What Is Elder AbuseWhat Is Elder Fiduciary AbuseWho Are FiduciariesWhat Can Be DoneLooking Forward

  3. Elder Abuse

  4. Physical Abuse

  5. Neglect

  6. Sexual Abuse

  7. Financial Abuse

  8. Scams

  9. Theft

  10. Embezzlement

  11. Fraud

  12. Undue Influence

  13. Elder Fiduciary Abuse

  14. Fiduciary Abuse • Misuse of Trust • Misuse of Reliance • Misuse of Dependence

  15. Who Are Fiduciaries

  16. Fiduciaries • Trust • Duty • Obligation • De Jure Fiduciaries • De Facto Fiduciaries

  17. Fiduciaries • Louisiana Law…

  18. Fiduciaries • Physical Reliance and Relationship • Caregiver • Physician • Nurse • Counselor • Social Worker

  19. Fiduciaries • Financial And Other Obligations • Caregiver • Social Worker • Banker • Manager • Accountant • Conservator / Trustee / Guardian / POA

  20. Fiduciary Abuse • Financial • Physical • Neglect

  21. Fiduciary Abuse

  22. Investigations

  23. Investigations • Financial Records • Medical Records • Psych Records • Probate / Conservatorship / Guardianship / Etc. Court Records • AND, Corroborative Interviews • = LOTS of Leg Work!

  24. Investigations • RECORDS • Release Forms • Subpoena Power • Search Warrants • HIPAA? What’s HIPAA? • Corroborative Interviews as to Records Themselves

  25. Investigations • The Scene(s) • Home, Hospital, Facility, Morgue • Assets • Finances • Photos • Timelines • Charts • Summaries

  26. What Can Be Done

  27. Reporting Mandated Reporters

  28. Reporting • Louisiana Law • ALL Persons Are Mandated Reporters of Suspected Elder Abuse

  29. Cooperationand Collaboration

  30. Coordinated Community ResponseMulti-Disciplinary TeamsFinancial Abuse Specialist TeamsForensic CenterFamily Justice Centers

  31. Getting Involved

  32. Looking Forward

  33. Paul GreenwoodDeputy DA, San Diego, CA(619) 531-4040 email at paul.greenwood@sdcda.org Tristan SvareDeputy DA, San Bernardino, CA (909) 387-6533 email at tsvare@sbcda.org

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