Alabama Update Changes in the Law Affecting Seniors

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Aging in Alabama

For more information about the author, click to view their website: Aging in Alabama

Posted on

Jul 21, 2023

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Alabama - Gulf Coast

ALABAMA UPDATE – CHANGES IN THE LAW AFFECTING SENIORS

Every year, there are hundreds of laws considered by our government that are designed to improve the living conditions of our local seniors.  Several have passed or are in process of passage that have helped our area citizens live their best life. 

In March, 2021, the Elderly and Vulnerable Adult Act went into effect, authorizing financial institutions to delay or stop suspicious financial transactions. 

In June, 2022, the Alabama Legislature passed what is known as “Shirley’s Law”, which implemented an Elder Abuse Registry – the first of its kind in the nation.  All medical practitioners are required to report those they suspect are victims of abuse and there are criminal penalties for failure to do so.  Those who exploit seniors are placed on the list and all guardianship proceedings must come with clearance from Adult Protective Services that the proposed agent is not on the registry.  Named for a woman who was financially exploited by a caregiver, this law will help prevent vulnerable adults from being exploited in the future. 

The Alabama Legislature is considering the Colby Act – or an alternative to Guardianship and Conservatorship which would enable an adult to enter into an agreement with “supporters” who assist them in making decisions.  For many Alabamians, this is a welcome alternative.  For example, young disabled people who have the ability to achieve independence with help may use a supported decision making agreement to formally enlist those they trust to help them make the right decisions. 

 There are limits to what this Act can achieve.  For example, this alternative may not be a good fit for those living with dementia, who are not capable of making sound decisions regarding their health or finances and may require a court appointed guardian to ensure their life’s work is not wasted and they do not become exploited.

Do you know someone who you suspect is the victim of Elder Abuse? Call the confidential hotline at Adult Protective Services:  1-800-458-7214.

This article was submitted by Kyla Kelim with Aging in Alabama.  Contact Aging in Alabama at 251-281-8120.

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