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New York Governor Expands Definition of 'Elder Abuse'New York Governor Expands Definition of 'Elder Abuse'

It now includes identity theft.

Heather S. Milanese, Associate

January 4, 2022

2 Min Read
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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.

About the Author

Heather S. Milanese

Associate, Rivkin Radler

Heather S. Milanese is an Associate in Rivkin Radler's Personal, Family & Business Planning Practice Group, focusing her practice on estate planning, wealth preservation, elder law, guardianships and trust and estate administration.

Heather develops asset protection strategies designed to meet the individualized needs of our clients. She works with clients and their financial teams to ensure that their families, estates, and businesses are sufficiently protected. In addition, she counsels clients on the legal and financial considerations in planning for varying stages of life, including eligibility for Medicaid.

Heather represents clients in estate and trust administration matters before the Surrogate’s Court. She also represents clients in all aspects of guardianship proceedings, and is eligible for Part 36 court appointments as Court Evaluator and Attorney for Alleged Incapacitated Persons.

While in law school, she earned the CALI Excellence for the Future Award during her study in the Elder Law Clinic.

In 2016, Heather was featured in the “Ones to Watch: Law” by the Long Island Business News. Each year since 2017, Heather has been selected to the Super Lawyers New York Metro Rising Stars list, an honor reserved for the top 2.5% of lawyers who exhibit excellence in practice.

Prior to joining the firm, Heather interned for the Hon. Leonard D. Wexler, Judge in the Eastern District of New York, the Civil Division of the Offices of the United States Attorneys, and the Suffolk County District Attorney’s Office. She also worked as an associate at a law office in Suffolk County dedicated to elder law and estate planning.

Heather is an active member of the Nassau County Bar Association and the New York State Bar Association, where she belongs to the “Elder Law and Special Needs” and “Trust and Estates Law” Sections.