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New York Governor Expands Definition of 'Elder Abuse'

It now includes identity theft.

On Dec. 6, 2021, New York Gov. Kathy Hochul expanded the legal definition of “elder abuse and exploitation” to incorporate identity theft in the list of eligible support services and programs for seniors through nonprofit agencies and law enforcement (S.1560/A.1994).

Identity theft is the unlawful use of an individual’s personal identification information, such as the person’s name, Social Security number, driver’s license information, or bank and credit card accounts. Identity thieves use the information to establish credit, make purchases, apply for loans or even seek employment.

Susceptibility to Victimization

While older adults aren’t the exclusive targets of identity theft, they can be especially susceptible to victimization. Older adults are targeted for a few reasons. One is that they often have more money saved after a lifetime of working than younger people. Another is that the personal information of older adults, many of whom are in hospitals and nursing homes, often passes through more hands. Finally, older adults are less likely to report identity theft crimes because they don’t know whom to report it to or that they’ve been taken advantage of. Some are ashamed they’ve fallen victim. Many seniors also fear that if they report they’ve been victimized to family members, the family might think they no longer have the mental capacity to handle their own affairs.

The impact of identity theft can be devastating for older adult victims who are unable to restore stolen funds through employment. In its worst form, it can leave the older adult victim bankrupt and without assets.

Goal of Legislation

The goal of this legislation is to provide New York’s support groups for the elderly and law enforcement teams with available resources to protect seniors, the fastest growing sector of our population, from harm related to identity theft.

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