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Fairall: Sun City West couple offer elder abuse options

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The Arizona lawmakers need to pass the following senior protection laws to better protect the over 1 million elderly state residents.

1. Raise elder abuse and/or fraud to a hate crime. This crime classification raises the investigation to the highest priority. Scotland is the first country that is in the process of raising elder abuse to a hate crime level.

2. Make it a felony for anyone who assists in elder abuse. Attorneys, accountants, trustees, guardians, conservators and tax preparers, according to Arizona law, must report elder abuse to the police, but the issue of their participation in the elder crime is not addressed.

3. All advertised assisted living facilities must be registered and regulated by the state. Such a law exists in every state except Utah and Arizona. This law allows a fine and imprisonment for the false advertising by a senior living facility that it is an approved and regulated licensed assisted living facility.

4. Triple damage awards for senior fraud. This is the fastest growing form of elder abuse with nearly $37 million being stolen from 5 million seniors per year. California has the elder fraud protection law that allows the triple damages award compensation for the financial exploitation of an elder.

5. Elder deathbed law preventing wrongful wealth transference. This undue influence or deathbed transfer law was passed in 2014 in California.

6. Require tuberculosis testing of all staff and residents of senior living facilities. Wisconsin has the strictest laws for testing all staff and residents on an annual basis in senior living facilities.

7. Failure to protect elderly is made a felony. Maryland has much stricter laws that immediately make it a felony with the possible incarceration and a $5,000 fine for not reporting an elder abuse/fraud situation.

8. Regulate and require a bond from elder care referral agencies. These referral services heavily advertise but are poorly regulated. They often fail to inspect the senior living property and only recommend the facility that pays the highest referral fee for a new resident. Washington state passed laws to regulate and require a bond to protect the elderly from a bad referral.

9. Require background checks for all senior living employees and in-home caregivers. Texas has the strictest background check laws.

10. Require background checks and bonding for all outside workers, such as firms that supply caregivers, nursing, kitchen, maintenance and transportation staff to assisted living facilities.