II 

112TH CONGRESS 

2D SESSION S. 3621 

To amend the Older Americans Act of 1965 to provide for a Seniors’ 

Financial Bill of Rights, and for other purposes. 

IN THE SENATE OF THE UNITED STATES 

SEPTEMBER 21, 2012 

Mr. MANCHIN introduced the following bill; which was read twice and referred 

to the Committee on Health, Education, Labor, and Pensions 

A BILL 

To amend the Older Americans Act of 1965 to provide 

for a Seniors’ Financial Bill of Rights, and for other 

purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Seniors’ Financial Bill 

5 of Rights Act’’. 

6 SEC. 2. FINANCIAL COUNSELING AND LEGAL ASSISTANCE 

7 BY AGING AND DISABILITY RESOURCE CEN8 TERS. 

9 (a) DEFINITION.—Section 102(4) of the Older Amer10 icans Act of 1965 (42 U.S.C. 3002(4)) is amended— 


srobinson on DSK4SPTVN1PROD with BILLS
2 

•S 3621 IS

1 (1) in subparagraph (B), by striking ‘‘and’’ at 

2 the end; 

3 (2) in subparagraph (C), by striking the period 

4 and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following: 

6 ‘‘(D) financial counseling and legal assist7 ance described in section 202(b)(8).’’. 

8 (b) DUTIES.—Section 202(b)(8) of the Older Ameri9 cans Act of 1965 (42 U.S.C. 3012(b)(8)) is amended— 

10 (1) in subparagraph (D), by striking ‘‘and’’ at 

11 the end; 

12 (2) in subparagraph (E), by adding ‘‘and’’ at 

13 the end; and 

14 (3) by adding at the end the following: 

15 ‘‘(F) to provide financial counseling and 

16 legal assistance, particularly with regard to 

17 powers of attorney and the duties of agents or 

18 attorneys under a power of attorney, and of fi19 duciaries.’’. 

20 SEC. 3. COORDINATION. 

21 Section 201(e)(2) of the Older Americans Act of 

22 1965 (42 U.S.C. 3011(e)(2)) is amended— 

23 (1) in subparagraph (A), by striking ‘‘and’’ at 

24 the end; 


srobinson on DSK4SPTVN1PROD with BILLS
3 

•S 3621 IS

1 (2) in subparagraph (B), by striking the period 

2 at the end and inserting ‘‘; and’’; and 

3 (3) by adding at the end the following: 

4 ‘‘(C)(i) to coordinate, with other Federal agen5 cies including the Office of Older Americans of the 

6 Consumer Financial Protection Bureau and the 

7 President’s Advisory Council on Financial Capability 

8 of the Department of the Treasury, activities and re9 search related to the economic security and financial 

10 exploitation of older individuals; and 

11 ‘‘(ii) to use the coordinated activities and re12 search to make available to States and local organi13 zations resources, technical assistance, and informa14 tion for the purpose of carrying out the State Sen15 iors’ Financial Bills of Rights described in section 

16 307(a)(31), preventing and responding to the finan17 cial exploitation of older individuals, establishing a 

18 geographically based measure of economic security, 

19 and providing the services and supports needed for 

20 the economic security of older individuals.’’. 

21 SEC. 4. SENIORS’ FINANCIAL BILL OF RIGHTS. 

22 Section 307(a) of the Older Americans Act of 1965 

23 (42 U.S.C. 3027(a)) is amended by adding at the end the 

24 following: 


srobinson on DSK4SPTVN1PROD with BILLS
4 

•S 3621 IS

1 ‘‘(31) The plan shall include an assurance that 

2 the State will establish— 

3 ‘‘(A) a State Seniors’ Financial Bill of 

4 Rights that— 

5 ‘‘(i) addresses access by older individ6 uals to— 

7 ‘‘(I) sufficient information about 

8 their financial rights, specifically 

9 rights with regard to powers of attor10 ney and the duties of their agents or 

11 attorneys under a power of attorney, 

12 and of fiduciaries; 

13 ‘‘(II) financial counseling re14 sources to make informed financial 

15 choices; 

16 ‘‘(III) legal assistance to protect 

17 their financial rights; and 

18 ‘‘(IV) adult protective services 

19 and appropriate law enforcement and 

20 regulatory authorities, in situations in 

21 which financial exploitation is alleged 

22 or suspected; and 

23 ‘‘(ii) assures that agents or attorneys 

24 under a power of attorney, fiduciaries, 

25 staff that provide long-term care, financial 


srobinson on DSK4SPTVN1PROD with BILLS
5 

•S 3621 IS

1 institutions, and law enforcement agencies 

2 have sufficient information about the fi3 nancial rights of, and signs of financial ex4 ploitation of, older individuals; and 

5 ‘‘(B) means for older individuals, and indi6 viduals and entities described in subparagraph 

7 (A)(ii), to obtain those rights to information, 

8 resources, and assistance, as the case may be.’’. 

Æ 


srobinson on DSK4SPTVN1PROD with BILLS