ANOTHER VIEWPOINT: Proposed law must protect dependents, caregivers

<p>Lawmakers must be vigilant against potential unintended consequences of legislation. While a bill might be filed with the best intentions to help some Hoosiers, others could be damaged.</p><p>Such is the case with a bill currently under consideration in the state Senate. Targeting “self-dealing” caregivers who victimize dependents by taking their money, the bill would eliminate the minimum age (currently 60) of the victim and the $10,000 minimum for the crime to be considered a felony.</p><p>“We want people of all ages to be protected, and that’s why we took away ‘adult dependent’ and just made it ‘dependent,’” Sen. Michael Young, R-Indianapolis, said. “The issue is whether or not you’re able and capable of making decisions on your own.”</p><p>Sounds like an important bill, right?</p><p>It is, but concerns about collateral damage could stall the legislation.</p><p>Bernice Corley, director of the Indiana Public Defender Council, shared those concerns with the Senate committee considering the bill.</p><p>“We have an increasing number of people who suffer from Alzheimer’s and dementia,” she said. “We’re asking families to step up and take on this challenging role … (but) if you mess up and we disagree with your decision, we’re going to use the lowest measure of culpability to prosecute you.”</p><p>Corley said the bill failed to take into account, “ the informal ways that families take care of one another,” and could make well-meaning caretakers culpable.</p><p>She posed a hypothetical example: What if Grandma’s Social Security check was used to close in a sun porch at her daughter’s home to create a room for Grandma? Using the bill’s definition of exploitation, the daughter could potentially by charged with a crime.</p><p>State Sens. Sue Glick, R-LaGrange; and Karen Tallian, D-Portage, expressed concern about the legislation.</p><p>“I think this bill as it stands may be overly broad and we may have challenges from family members down the road,” Glick said.</p><p>“I would like to see us work on this definition of self-dealing a little bit,” Tallian added. “I will vote yes to keep this moving.”</p><p>Her position makes sense. Why kill this essentially good legislation in committee if it can be amended to protect caregivers?</p><p>Lawmakers will just have to make certain that amendments are made — and that no one’s going to go to jail over Grandma’s new room.</p>