Legislation to protect the elderly and mentally disabled may finally pass in General Assembly

It’s been a long time coming but the Virginia General Assembly could finally pass legislation in 2013 that makes it a crime to take something from an individual known to be “mentally incapacitated”.[1] Under current Virginia law, it is difficult to prosecute someone for taking something from a mentally incapacitated individual who has given consent for the behavior.

The legislation had previously failed for a number of consecutive General Assembly sessions. The law was given new life this year, however, after the Virginia State Crime Commission threw its support behind the law after a year of review.

Stunningly, the Department of Criminal Justice Services showed that between 2001 and 2007, the total number of financial crimes in Virginia grew 8.6 percent. For those 65 and above, that number grew by 18 percent;[2] this being one of many staggering statistics regarding financial crimes against the elderly and mentally incapacitated in Virginia.

For the victims of these crimes and their loved ones, the legislation won’t come a moment too soon. It is a shame that we need this type of legislation in the first place, but as our society has changed so too must our public policies.

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[1] http://www.washingtonpost.com/local/va-lawmakers-to-take-up-financial-exploitation-of-elderly-mentally-incapacitated/2012/12/27/aa78210e-4ff7-11e2-835b-02f92c0daa43_story.html

[2] http://www.washingtonpost.com/local/va-lawmakers-to-take-up-financial-exploitation-of-elderly-mentally-incapacitated/2012/12/27/aa78210e-4ff7-11e2-835b-02f92c0daa43_story.html