A state Senate panel was urged Friday to approve a power-of-attorney measure aimed at protecting Nevada seniors from abuses by caregivers and, in some cases, their own children.
SB314, reviewed by the Senate Judiciary Committee, would erase limited power-of-attorney laws and replace them with a much broader act proposed by the National Conference of Commissioners on Uniform State Laws.
Proponents of SB314 included Lora Myles of the RSVP CARE Law Program, which assists seniors, who said the existing Nevada laws make it tough on seniors in dealing with banks or with authorities when seniors become victims of exploitation.
Myles described a case in which a woman confessed to using a power of attorney "to rip her mother off for a very large sum of money" but police and a district attorney wouldn't prosecute the case, saying they lacked the authority under existing state law.
"This has teeth," Myles said in describing SB314, which, among other things, allows for prosecutions if a power-of-attorney is misused by a relative or other representative chosen by a senior to handle their finances, property and other matters.
The bill, sponsored chiefly by Sen. Bernice Mathews, D-Reno, also was endorsed by Barry Gold of AARP Nevada, who said Nevada is one of many states that lack proper protections for seniors " protections that would help to prevent "a true parade of horribles."
AARP and the American Bar Association in December released a study on power-of-attorney abuse and how the proposed uniform act would improve upon existing laws around the country and prevent such legal documents from becoming a "license to steal."
Key provisions of the uniform law include a clear statement of duties for an elderly person's representative, and stringent standards for selling off property or altering an estate plan.
SB314 also prevents nursing homes from using arbitration clauses in care contracts to try to block someone from suing the home for injuries a senior suffers while in the home.
Bill Uffelman of the Nevada Bankers Association also supported SB314, saying his association worked with the bill's proponents on amendments to accommodate the bankers' concerns about some details. Myles described the changes as minor.
In other action, Senate Judiciary members approved SB313, another Mathews bill that revises Nevada's laws on guardianships, in line with suggestions from the uniform law commission, the National Guardianship Association and Nevada Guardianship Association.
Also Friday, the Nevada Assembly voted unanimously for a bill to make it easier to prosecute those who steal from the elderly, or engage in fraudulent activity during the course of their jobs. The measure now moves to the Senate.
AB322 would make it a felony to steal repeatedly from clients at least two times in four years, if the combined amount exceeds $250.
"A lot of the victims are seniors that cope with the fact that their life savings may be running out. It could bring relief to a lot of citizens," said Assemblyman Joe Hogan, D-Las Vegas, chief sponsor of the bill.
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On the Internet:
http://www.aarp.org/research/legal/legalrights/inb164"poa.html