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Nye Frank on 02 Jul 10ELDER & DEPENDENT ADULT FINANCIAL ABUSE CHECKLIST FOR WHETHER A CRIME HAS OCCURRED: { } Was the elder adult lacking competence or capacity when the transaction occurred? Did the suspect know the client's condition? { } Assuming the elder adult was competent, did he/she fail to understand the transaction? { } Did threats, force, duress or undue influence cause the elder to transfer property or to give or allow use of money? { } Were assets taken or used without permission by someone the elder adult entrusted, expecting that the person would not use the assets for his/her own purposes? { } Did some misrepresentation or promise without intent to perform cause the elder or dependent adult to transfer money or property? { } Is there evidence of other crimes, such as forgery, bad checks, extortion, physical abuse and/or neglect? { } If there is a crime, are there other suspects: family members or friends who assisted, notaries, real estate agents, doctors, lawyers? ACTION CHECKLIST FOR WHEN A CRIME HAS OCCURRED: { } Take steps to preserve assets, or refer to APS, family member, or friend who can take steps to preserve assets. Document your efforts. { } Refer to appropriate other agencies for investigation and prosecution: 1. Abuse in long term care facilities report to: Long Term Care Ombudsperson - 800-231-4024 2. All other types of abuse report to: Adult Protective Services - 800-491-7123 (24 hrs.) Local Law Enforcement Agency { } Gather evidence, if appropriate to your role. { } Take steps during investigation to regain assets if possible. -9- WHO MUST REPORT? Anyone who provides Health or Social Services to elderly or dependent adults (whether or not they are paid) is a MANDATED REPORTER As of January 1, 2007 credit unions and financial institutions are mandated REPORTERs of financial abuse. Welfare & Institutions Code 15630 (a) Any mandated REPORTER, who in his/her professional capacity, or within the scope of his/her employment, has observed or has knowledge of an