America is getting older. As the baby boomers start to reach their “golden years” our population is growing older and living longer. And as the number of elder Oregonians continues to increase, so does the need to ensure this vulnerable segment of society are properly cared for and protected by the law.
To help ensure the well being of elder members of society in Oregon, the Oregon legislature recently passed a new law creating a mandatory duty on Oregon attorneys to report elder abuse. The law became effective on January 1, 2015, and it requires attorneys to report elder abuse if certain conditions are met – subject to ethical exceptions.
This CLE course will introduce you to the new mandatory Elder Abuse reporting duty for Oregon attorneys and mainly addresses the rationale behind the new law/duty, elder abuse statistics, the common abusers, the Department of Human Services (DHS) & enforcement, your ethical duty, reasonable cause to believe, “comes into contact with the abuser or abused,” types of elder abuse, the exceptions to mandatory reporting and the mechanics of reporting. To access the course, please click here: Elder Abuse Reporting Requirements for Oregon Attorneys.
Further topics covered in this course include:
- Changing demographics
- Protecting those that cannot protect themselves
- Substantiated findings of abuse
- Where the abuse occurs
- Resources & agencies responsible for enforcement
- “Reasonable suspicion of abuse”
- Third party information
- Financial exploitation
- Verbal abuse
- Physical abuse
- The warning signs of abuse
- RPC 1.6(a) & (b)
- The Duty of Confidentiality
- The Attorney-Client privilege
- Disclosing information that is detrimental to the client
- When you must report
- When you may report
- When you must not report
- The nuts & bolts of reporting
Beginning with the 2015 reporting year all members of the Oregon State Bar will need to complete 1 credit hour on the mandatory elder abuse reporting requirement for Oregon attorneys. The elder abuse course is required for reporting periods of 2015, 2016, and 2017. This replaces the child abuse reporting credit. For 2018, 2019, and 2020 it switches back to requiring the child abuse reporting credit. After this, it switches back and forth for each reporting cycle between the two requirements. This course has been approved for CLE credit in Oregon. For more information about CLE in Oregon, please click this link: OR CLE.