Fiduciary Abuse Louisiana Paul Greenwood, Deputy DA – San Diego, CA (619) 531-4040 at Tristan Svare, Deputy DA – San Bernardino,

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Presentation transcript:

Fiduciary Abuse Louisiana Paul Greenwood, Deputy DA – San Diego, CA (619) at Tristan Svare, Deputy DA – San Bernardino, CA (909) at

What Is Elder Abuse What Is Elder Fiduciary Abuse Who Are Fiduciaries What Can Be Done Looking Forward

Elder Abuse

Physical Abuse

Neglect

Sexual Abuse

Financial Abuse

Scams

Theft

Embezzlement

Fraud

Undue Influence

Elder Fiduciary Abuse

Fiduciary Abuse Misuse of Trust Misuse of Reliance Misuse of Dependence

Who Are Fiduciaries

Fiduciaries Trust Duty Obligation De Jure Fiduciaries De Facto Fiduciaries

Fiduciaries Louisiana Law…

Fiduciaries Physical Reliance and Relationship Caregiver Physician Nurse Counselor Social Worker

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

Fiduciary Abuse Financial Physical Neglect

Fiduciary Abuse

Investigations

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

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

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

What Can Be Done

Reporting Mandated Reporters

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

Cooperation and Collaboration

Coordinated Community Response Multi-Disciplinary Teams Financial Abuse Specialist Teams Forensic Center Family Justice Centers

Getting Involved

Looking Forward

Paul Greenwood Deputy DA, San Diego, CA (619) at Tristan Svare Deputy DA, San Bernardino, CA (909) at