Michigan Attorney General Dana Nessel has publicly commended the House Committee on Families, Children, and Seniors for progressing legislation aimed at fortifying protections for vulnerable adults in the state. The legislative package, encompassing Senate Bills 922-925, recently advanced to the full House for further consideration. These bills intend to address the egregious issue of exploitation and abuse among vulnerable adult populations, as reported by the Michigan Attorney General's Office.
Before reaching the House, the legislation had already succeeded in the Michigan Senate earlier this year. "While my office has prosecuted far too many cases of vulnerable adult exploitation and abuse, current state law is tragically inadequate to protecting and preventing Michigan’s vulnerable from unimaginable harm," Nessel stated, per the Michigan Attorney General's Office press release, highlighting the inadequate protections under current laws. Addressing this gap head-on, the bills in question would impose stiffer penalties for offenders, aiming at extending the statute of limitations for racketeering offenses connected to embezzlement and enabling petitions for personal protection orders by those affected.
According to the Michigan Attorney General's office, specific provisions of this legislative package include permitting individuals over 60, vulnerable adults, or those with developmental disabilities to seek elder and vulnerable adult personal protection orders (PPOs). Furthermore, racketeering laws will include embezzlement of vulnerable adults as a predicate offense, which extends the statute of limitations on property recovery to 10 years, up from six.
The package also advocates for continuity in legal protections even after a vulnerable adult's passing, aiming to ensure that offenders whose schemes outlive their victims face rigorous penalties. Each county or region is also encouraged by the legislation to form multidisciplinary teams to take a comprehensive approach to tackle the abuse and financial exploitation of older and vulnerable adults.
Since its inception in 2019, the Michigan Elder Abuse Task Force has drawn together over 55 organizations to combat elder abuse, forming a front unified in diligence and diversity of expertise. Their achievements are considerable and include adopting a Vulnerable Adult Incident Report form embraced by law enforcement statewide and enacting the Financial Exploitation Prevention Act (FEPA) in 2021, which mandates financial institutions to report suspected exploitation or fraud. Moreover, several rewrites of existing statutes have been carried out, including significant changes to the Power of Attorney law. The Attorney General's office has expressed support for bills reworking the state's guardianship statutes to support further safeguarding vulnerable populations. It has backed legislation that would restrict conservator investments with estate property.
