San Nicolas bill removing deadline on elderly abuse receives support
HAGATNA, Guam—Bill 243.37, authored by Democrat Sen. Dwayne T.D. San Nicolas, received support during its public hearing at the Guam Congress Building in Hagatna on April 1. The bill aims to remove the statute of limitations for financial and property exploitation of an elderly person or individual with disability.
According to the National Council on Aging, up to five million older Americans are abused every year, and the annual loss by victims of financial abuse is estimated to be at least $36.5 billion.
“Financial exploitation of our man’amko and individuals with disabilities is a heinous crime that should not have a statute of limitations,” said San Nicolas. The National Council on Aging also states that in about 60% of elderly abuse incidents, the perpetrator is a family member, usually the spouse or the children of the victim. “The number of exploited elderly is astounding and justifies the creation of the legislation to combat this issue,” San Nicolas said. “All of these findings by the National Council on Aging are alarming, something which our man’amko and persons with disabilities need to be protected from by putting the law on their side.”
Meanwhile, Guam Attorney General Douglas Moylan said that this bill is much-needed.
“It’s about time,” said Moylan at the public hearing. “In our court system, there are too many of our man’amko that are being found out in guardianship cases and in probate cases that their lifetime savings have been taken from them, especially from their own family members that are ‘caregivers.’ As we age everybody’s memories through the natural process become not as sharp as they used to be.”
During his testimony, he said that the Office of the Attorney General of Guam supports the piece of legislation. “I applaud the sponsor of the bill, Senator San Nicolas, for taking up this challenge,” Moylan said. “Our code is in need of protection right now. Our man’amko are in need of protection out there. They need to have the tools to do that. We, the AG’s office, fully endorse it.”
If enacted into Guam law, this legislation will remove the statute of limitations in cases of elderly and disabled individuals’ financial exploitation and abuse. “As a government entity that serves the people, the Guam Legislature needs to enact legislation that would protect and help the man’amko and people with disabilities find justice in incidents of financial exploitation and abuse,” San Nicolas said. “To enact legislation, the elderly victims of financial exploitation and abuse would be able to pursue justice without added worry of a deadline to file a lawsuit.” Sen. William Parkinson is a co-sponsor of the bill. This act shall become effective upon enactment. (PR)
Dwyane T.D. San Nicolas
