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Financial Crimes Against the Elderly | 2013 Legislation
NCSL Resources
NCSL Contact
 Updated: March 5, 2013
Financial crimes and exploitation can involve the illegal or improper use of a senior citizen's funds, property or assets, as well as fraud or identity theft perpetrated against older adults. While exact statistics on how often financial crimes against the elderly occur are not available, it is widely believed to be underreported by the victims. A recent study published by MetLife Mature Market Institute estimates the financial loss by victims of elder financial crimes and exploitation exceeds $2.9 billion dollars annually.
In the 2013 legislative session to date, 23 states have pending legislation to address financial crimes and exploitation against the elderly and other vulnerable adults.
The legislation included in the chart below addresses creating specific crimes and criminal penalties, reporting requirements and access to records in elder financial exploitation investigations.
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STATES
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BILL SUMMARY |
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H.B. 45
This bill creates the crimes of elder abuse and neglect in the first, second, and third degree and provide other penalties. The bill also creates the crimes of financial exploitation of an elderly person in the first, second, and third degree and provides penalties. |
S.B. 29
Passed Senate 2/19/13
This bill creates the crimes of elder abuse and neglect in the first, second, and third degree and provides other penalties. The bill also creates the crimes of financial exploitation of an elderly person in the first, second, and third degree and provides penalties. |
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Alaska
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none |
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H.B. 2162
Relates to vulnerable adult; relates to abuse; relates to damages. |
S.B. 1175
Passed Senate 2/21/13
Creates a presumption against a petitioner in a position of trust and confidence bringing a civil action against a vulnerable adult regarding a governing instrument, unless shown otherwise by clear and convincing evidence and makes changes to legal proceedings. |
S.B. 1200
Relates to financial abuse of elders; relates to reports. |
S.B. 1341
Passed Senate 2/27/13
Specifies that a vulnerable adult is not exploited by a transfer of assets for the primary purpose of obtaining or maintaining eligibility for the Arizona Health Care Cost Containment System (AHCCCS), Supplemental Security Income (SSI) or Medicare benefits or Veterans’ Administration (VA) programs if the transfer of assets is between the person and: (a) the person’s spouse; (b) the person’s disabled child; or (c) a trust for the benefit of the person’s spouse or disabled child. Requires a transfer of assets for the purpose of obtaining or maintaining eligibility for AHCCCS benefits to comply with federal and state law. Expands situations in which a person who is in a position of trust and confidence to a vulnerable adult does not have to use assets solely for the vulnerable adult’s benefit to include: (a) a transaction that is required in order to obtain or maintain eligibility for AHCCCS services; and (b) the person is the vulnerable adult’s spouse and the transaction furthers the interest of the marital community, including applying for SSI, Medicare or VA programs. |
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Arkansas
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none |
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A.B. 140
Existing law provides that financial abuse of an elder or dependent adult occurs when, among other instances, a person or entity takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined. Existing law makes failing to report, or impeding or inhibiting a report of, among other things, financial abuse of an elder or dependent adult, in violation of certain reporting requirements a misdemeanor. Existing law also makes it a misdemeanor for any caretaker of an elder or dependent adult to violate any provision of law proscribing theft or embezzlement, with respect to the property of that elder or dependent adult. This bill changes the definition of undue influence to mean excessive persuasion that causes another person to act or refrain from acting and results in inequity. In determining whether the result was produced by undue influence, the vulnerability of the victim, the influencer’s apparent authority, the actions or tactics used by the influencer, and the equity of the result shall be considered. Existing law prohibits the use of undue influence and establishes protections for individuals unable to resist undue influence in various areas of the law, including wills, trusts, and conservatorships. This bill defines undue influence for those purposes without superseding or interfering with the common law of undue influence. |
A.B. 381
(1) Existing law provides that a person found liable for taking, concealing, or disposing of property belonging to the estate of a decedent, conservatee, minor, or trust through the use of undue influence in bad faith, or through the commission of elder or dependent adult financial abuse, is liable for twice the value of the property. This bill also provides for this person’s liability for reasonable attorney’s fees and costs. (2) Existing law provides that a person who, in bad faith, wrongfully takes, conceals, or disposes of property belonging to a principal under a power of attorney is liable for twice the value of the property recovered by an action to recover the property or for surcharge. This bill extends this liability to a person who has taken, concealed, or disposed of property by the use of undue influence in bad faith or through the commission of elder or dependent adult financial abuse, as defined. The bill also provides for liability for reasonable attorney’s fees and costs under these provisions and those described above. |
A.B. 477
This bill includes notaries public in the definition of mandated reporters of suspected financial abuse of an elder or dependent adult. |
A.B. 998
Existing law provides that the department of the superior court having jurisdiction over probate conservatorships shall also have concurrent jurisdiction over civil actions and proceedings involving a claim for relief arising out of the abduction or abuse of an elderly or dependent adult. Existing law provides that after the death of the elder or dependent adult, the right to commence or maintain an action passes to the personal representative, and if there is no personal representative, to an intestate heir whose interest may be affected by the action, to the decedent’s successor in interest, as defined, or an interested person, as defined, subject to specified conditions. This bill makes a technical, nonsubstantive change to these provisions. |
S.B. 60
Existing law provides for the compensation of victims and derivative victims of specified types of crimes by the California Victim Compensation and Government Claims Board from the Restitution Fund, a continuously appropriated fund, for specified losses suffered as a result of those crimes. Existing law sets forth eligibility requirements and specified limits on the amount of compensation the board may award. This bill includes financial abuse of an elderly or dependent adult within the definition of crimes that are eligible for compensation under these provisions and provides legislative findings and declarations regarding financial crimes against elderly or dependent adults. |
S.B. 803
Existing law establishes offenses involving falsifying documents, elder abuse, forgery, grand theft, identity theft, and mortgage fraud, among others. Existing law requires a court to order defendants convicted of any crime to pay restitution to the victim or victims as well as a restitution fine, as specified, unless the court finds compelling and extraordinary reasons for not imposing the restitution fine, as specified. This bill provides that where a defendant is convicted of any of those offenses, or any other offense, in which an instrument affecting the right, title, or interest in real property was forged or false, and where the instrument was filed, registered, or recorded, as specified, the prosecuting attorney or the judge may make a motion for a noticed hearing to adjudge the instrument void, and to order restitution for an affected person. |
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S.B. 111
Under the bill, on and after July 1, 2014, certain professionals (mandatory reporters) who observe the abuse or exploitation of a person who is 70 years of age or older (at-risk elder) or who have reasonable cause to believe that an at-risk elder has been abused or has been exploited and is at imminent risk of abuse or exploitation are required to report such fact to a law enforcement agency within 24 hours after making the observation or discovery. A mandatory reporter who fails to report commits a class 3 misdemeanor. Within 24 hours after receiving a report of abuse or exploitation of an at-risk elder, a law enforcement agency shall notify the at-risk elder's county department and district attorney's office of the report. The law enforcement agency shall complete a criminal investigation when appropriate. Upon completion of an investigation, the law enforcement agency shall provide a report of the investigation to the at-risk elder's county department and a district attorney's office. A person who reports an incident of abuse or exploitation to a law enforcement agency is immune from a civil action or criminal prosecution if the report was made in good faith. A person who knowingly makes a false report commits a class 3 misdemeanor. The bill adds physical therapists, emergency medical service providers, chiropractors, and clergy to the list of professionals who are currently urged to report the mistreatment, self-neglect, or exploitation of an at-risk adult. These professions are also included within the new list of mandatory reporters. A person who exercises undue influence to convert or take possession of an at-risk elder's money, assets, or other property commits statutory theft. On or before January 1, 2014, the Peace Officers Standards and Training Board (P.O.S.T. board) shall create and implement a training curriculum to prepare peace officers to recognize and address incidents of abuse and exploitation of at-risk elders. On and after January 1, 2015, each county sheriff and each municipal law enforcement agency of the state shall employ at least one peace officer who has successfully completed the training curriculum. The P.O.S.T. board may charge a fee to each peace officer who enrolls in the training curriculum. The amount of the fee shall not exceed the direct and indirect costs incurred by the P.O.S.T. board in providing the curriculum. On and after January 1, 2014, the state Department of Human Services (state department) shall implement a program to generate awareness among: (i) The residents of the state regarding the mistreatment, self-neglect, and exploitation of at-risk adults; (ii) The professionals who are urged to report the mistreatment, self-neglect, or exploitation of an at-risk adult; and (iii) Mandatory reporters. On or before December 31, 2016, the state department shall prepare and deliver to the joint budget committee and to the health and human services committee of the Senate; the health, insurance, and environment committee of the House of Representatives; and the public health care and human services committee of the House of Representatives, or to any successor committee, a report concerning the implementation of mandatory reports of abuse and exploitation of at-risk elders. Under current law, for the purposes of enhanced penalties for offenses committed against at-risk adults, an at-risk adult is defined as any person 60 years of age or older or any person 18 years of age or older who is a person with a disability. The bill changes this definition to raise the minimum age of 60 years of age to 70 years of age. The bill repeals provisions concerning protection against financial exploitation of at-risk adults. The bill repeals the elder abuse task force. |
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S.B. 886
Requires the commissioner of Social Services, in consultation with the chief state's attorney, the attorney general and the long-term care ombudsman, to establish a uniform recording system for complaints involving abuse and neglect of elderly persons. Said system shall include uniform definitions for the categories of (1) physical abuse, (2) mental abuse, (3) self-neglect, (4) neglect by others, and (5) financial exploitation. Requires the commissioner of Consumer Protection, in consultation with the chief state's attorney and the Department of Banking, to develop a voluntary training and reporting system under which personnel of banks and other financial institutions are trained to detect and report to the chief state's attorney financial transactions that may be warning signs of financial abuse of elderly persons. Such transactions shall include, but not be limited to, unusually high levels of: (1) Withdrawals, (2) charges to the account, (3) out of state transactions, and (4) access to the account by persons with a power of attorney. Requires the Department of Consumer Protection, in collaboration with the Department on Aging, to conduct a public awareness campaign, within available funding, to educate elderly consumers on ways to resist aggressive marketing tactics. |
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Delaware
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none |
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District of Columbia
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none |
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H.B. 253
Provides for protective services interventions when ability of vulnerable adult is impaired, rather than when capacity to consent is lacking; reduces minimum amount of theft from person 65 years of age or older that constitutes felony of third degree; revises terminology to prohibit specified offenses against vulnerable adult, rather than against an elderly person or disabled adult; conforms provisions. |
S.B. 1222
Reduces the minimum amount of a theft from a person 65 years of age or older that constitutes a felony of the third degree; provides criminal penalties; revises terminology to prohibit specified lewd and lascivious offenses committed upon or in the presence of a vulnerable adult and to prohibit specified offenses involving exploitation of a vulnerable adult. |
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H.B. 78
Relates to crimes and offenses, when depositions to preserve testimony in criminal proceedings may be taken, protection of disabled adults and elder persons, and reporting abuse or exploitation of residents in long-term care facilities, respectively, so as to expand protection of disabled adults and elder persons; provides for and revise definitions; changes provisions relating to cruelty to a person 65 years of age or older; prohibits exploitation of disabled adults, elder persons, and residents; provides for exceptions to criminal liability; provides for investigatory powers; expands the right to take a deposition in criminal proceedings under certain circumstances; applies provisions relating to the protection of elder persons from exploitation to elder persons who are residents in long-term care facilities; expands reporting requirements for persons in need of protective services and for reporting abuse or exploitation in long-term care facilities; expands the cooperative development of certain education and training programs; moves relevant criminal penalties from Title 30 into Title 16; amends Code §19-7-5 relating to reporting of child abuse, so as to include physician assistants as mandatory reporters; amends Code §17 17-17-3, Title 31, Chapter 3 of Title 35, and Code §§42-8-63.1 and 49-2-14.1 of the relating to definitions, health, the Georgia Bureau of Investigation, discharging disqualifying individuals from employment, and records check requirements for licensing certain child welfare agencies, respectively. |
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Guam
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not available |
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H.B. 3
S.B. 102
Requires financial institutions to report suspected financial abuse that is directed towards, targets, or is committed against an elder, to the Department of Human Services and the appropriate county police department. |
H.B. 7
S.B. 107
Creates the Hawaii Kupuna Trust Fund, which comprises public and private funding for meeting the outstanding and future needs of the elderly and vulnerable adult population. |
H.B. 303
Creates offense of financial exploitation of an elder and provides enhanced penalties. Requires financial institutions to report suspected financial abuse of an elder to the appropriate police department and allows suspected financial abuse to be reported to the Department of Human Services. Requires the Department of Human Services to share records with police department or office of the prosecuting attorney. |
H.B. 382
Requires financial institutions to report suspected financial abuse of an elder to an appropriate police department and allows reporting to the Department of Human Services. Mandates information sharing with the police or prosecutor. |
H.B. 391
Requires financial institutions to report suspected financial abuse of an elder to appropriate law enforcement. |
H.B. 867
S.B. 1098
Amends §412:3-114.5, Hawaii Revised Statutes, to require financial institutions to report instances of suspected financial abuse of an elder directly to the appropriate police department instead of the Department of Human Services. |
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Idaho
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none |
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H.B. 948
Repeals the Abuse of Adults with Disabilities Intervention Act. Amends the Elder Abuse and Neglect Act. Changes the short title of the Act to the Adult Protective Services Act and amends various Acts to change references to the short title. Adds and defines new terms. Provides that within six months, the Department on Aging shall establish a centralized Adult Protective Services Helpline for the purposes of reporting the abuse, neglect, or financial exploitation of an eligible adult. Requires the Department on Aging to make the helpline accessible 24 hours a day, seven days a week and to post its telephone number online. Requires the Department on Aging to report to the Department of Public Health's health care worker registry the identity and administrative finding against any caregiver of a verified and substantiated decision of significant abuse, neglect, or financial exploitation of an eligible adult. Contains provisions concerning notice to caregivers; report challenges; registry hearings; a caregiver's rights to collateral action; removal from the registry; and the referral of registry reports to health care facilities; the establishment of a Statewide Fatality Review Team; and other matters. |
H.B. 1942
Amends the Code of Criminal Procedure of 1963. Makes a technical change in a section concerning the admissibility of hearsay evidence in a prosecution for elder abuse, neglect, or financial exploitation. |
H.B. 2749
Amends the Criminal Code of 2012. Includes in the offense of financial exploitation of an elderly person or a person with a disability knowingly by undue influence, force, or threat of force obtaining control over the property of an elderly person or a person with a disability or illegally using the assets or resources of an elderly person or a person with a disability. Adds a definition of "undue influence". Expands the definition of "intimidation" to include a threat of physical or emotional harm to an elderly person or a person with a disability. |
H.B. 2914
Creates the Financial Institutions Elder Abuse Reporting Act. Provides that a financial institution shall make an abuse report if an employee of the financial institution (i) has direct contact with an elder adult or reviews or approves an elder adult's financial documents, records, or transactions in connection with financial services provided by the financial institution to or for the elder adult, and (ii) observes or obtains knowledge of behavior, unusual circumstances, or transactions that leads the employee to know or have reasonable cause to suspect that the elder adult is the victim of financial abuse. Provides that an abuse report made under the Act is confidential. Provides that a financial institution shall establish and implement a training program to (i) assist employees in recognizing signs of potential financial abuse of an elder adult and (ii) inform employees about the requirement to file abuse reports provided by the Act. Provides for civil penalties for failure to file an abuse report. |
H.J.R. 18
Creates the Senior Financial Exploitation Task Force to study the problem of financial exploitation of at-risk elderly adults in Illinois. |
S.B. 1009
Amends the Code of Criminal Procedure of 1963. Makes a technical change in a section concerning the admissibility of hearsay evidence in a prosecution for elder abuse, neglect, or financial exploitation. |
S.B. 1164
Repeals the Abuse of Adults with Disabilities Intervention Act. Amends the Elder Abuse and Neglect Act. Changes the short title of the Act to the Adult Protective Services Act and amends various Acts to change references to the short title. Adds and defines new terms. Provides that within six months, the Department on Aging shall establish a centralized Adult Protective Services Helpline for the purposes of reporting the abuse, neglect, or financial exploitation of an eligible adult. Requires the Department on Aging to make the helpline accessible 24 hours a day, seven days a week and to post its telephone number online. Requires the Department on Aging to report to the Department of Public Health's health care worker registry the identity and administrative finding against any caregiver of a verified and substantiated decision of significant abuse, neglect, or financial exploitation of an eligible adult. Contains provisions concerning notice to caregivers; report challenges; registry hearings; a caregiver's rights to collateral action; removal from the registry; and the referral of registry reports to health care facilities; the establishment of a Statewide Fatality Review Team; and other matters. |
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Indiana
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none |
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H.F. 409
The bill expands the definition of a “crime” for purposes of the crime victim compensation program to include a violation of Code §715A.8 (identity theft) and the financial exploitation of a person who is 65 or older or who is a dependent adult as defined in Code §235B.2. “Financial exploitation” means the criminal act or process of taking unfair advantage of a person for one’s own personal or pecuniary profit, without the informed consent of the person, including theft, by the use of undue influence, harassment, duress, deception, false representation, false pretenses, forgery, fraudulent practices, or securities fraud. |
H.F. 416
Establishes provisions to protect the rights of certain individuals, including protections against fraud and financial exploitation, provides for fees and repayment receipts, and provides penalties. |
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Kansas
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none |
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Kentucky
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none |
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Louisiana
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none |
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Maine
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none |
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H.B. 1396
Alters penalties for a conviction of extortion, malicious destruction of property, obtaining property or services by bad check, credit card fraud, identity fraud, state health plan fraud, and exploitation of a vulnerable adult involving a value at or over $1,000. |
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Massachusetts
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none |
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Michigan
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none |
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H.F. 90
Passed House 2/18/13
S.F. 187
Indefinitely postponed 2/25/13
Allows offenses for financial exploitation of a vulnerable adult to be aggregated over a six-month period; expanding venue options for financial exploitation of a vulnerable adult. |
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S.B. 2166
Died in committee 2/5/13
Amends §99-19-351 to provide for enhancement of penalties for fraud and nonviolent monetary crimes when committed against the elderly; amends §97-23-103 to revise the penalties for home repair fraud. |
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H.B. 210
Changes the laws regarding the offense of financial exploitation of an elderly or disabled person. |
S.B. 253
Changes the laws regarding the offense of financial exploitation of an elderly or disabled person. |
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S.B. 134
Passed House 1/30/13
Revises the Montana Elder and Persons with Developmental Disabilities Abuse Prevention Act; clarifies the definition of "older person"; eliminates the requirement in prosecutions that an older person be unable to provide personal protection due to mental or physical impairment or frailties or dependencies brought about by advanced age; provides for a minimum prison sentence in certain circumstances. |
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Nebraska
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none |
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Nevada
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none |
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New Hampshire
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none |
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A.B. 632
Increases penalties for identity theft when victim is a senior citizen or veteran. |
A.B. 635
S.B. 1048
Creates new offense of theft by financial exploitation of a vulnerable person. |
A.B. 2272
S.B. 1047
Creates offense of financial exploitation of the elderly. |
S.B. 1543
Increases penalties for identity theft when victim is a senior citizen or veteran. |
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New Mexico
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none |
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A.B. 133
S.B. 720
Enacts the Senior Anti-Violence and Enforcement Act (SAVE); establishes a central registry for access to reports of maltreatment of seniors; creates a council on elder abuse; establishes penal provisions regarding offenses against the elderly and disabled. |
A.B. 589
Enacts the "Elderly Abuse Protective Act" relating to elderly abuse protective services; appropriates $600,000. |
A.B. 591
S.B. 2323
Requires the Office of Children and Family Services to track and report elder abuse and to issue a biennial report to the governor and legislature and Office for the Aging regarding the incidence of elder abuse in the state. |
A.B. 2207
Directs the Social Services Department to establish, operate and maintain a statewide toll-free telephone number for the purpose of receiving telephone calls alleging abuse or maltreatment of elderly persons for purposes of reporting of endangered adults. |
A.B. 2898
S.B. 373
Includes the financial exploitation of the elderly or disabled within the definition of the crime of larceny; defines terms. |
A.B. 3555
Relates to establishing the crime of financial exploitation of a vulnerable elderly person and provides for civil liability for financial exploitation of a vulnerable elderly person. |
A.B. 3737
S.B. 2337
Requires various persons (similar to child abuse) to report financial exploitation of the elderly (62 or older) to a social services official; directs the commissioner of children and family services to develop rules for the conduct of investigations and the protection of the exploited. |
A.B. 4316
S.B. 102
Establishes the crimes of exploitation of an elderly person, vulnerable elderly person or incompetent or physically disabled person in the first, second, and third degree. |
A.B. 4655
S.B. 143
Provides for a financial exploitation prevention outreach, education and training program and fund; authorizes the director of the Office of the Aging to award grants to qualified agencies to establish local elderly exploitation, outreach, education and training programs; outlines elements of such program. |
S.B. 218
Relates to offenses involving thefts of identity. |
S.B. 2162
Relates to reporting of financial exploitation; establishes a financial exploitation, outreach, education and training program and fund. |
S.B. 2171
Relates to the elderly abuse education and outreach program; amends certain definitions and adds a financial outreach and education aspect to such program. |
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S.B. 140
Increases the recognition, reporting, and prosecution of those who would defraud or financially exploit older adults, and continues the task force on fraud against older adults, as recommended by the Task Force on Fraud Against Older Adults. |
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S.B. 2323
Passed Senate 2/25/13
Relates to the reporting of abuse or neglect of a vulnerable adult; and provides a penalty. |
S.B. 2345
Passed Senate 2/25/13
Relates to the penalty for the exploitation of a disabled adult or vulnerable elderly adult. |
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N. Mariana Islands |
not available |
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Ohio
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none |
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Oklahoma
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none |
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Oregon
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none |
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Pennsylvania
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none |
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Puerto Rico
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none |
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H.B. 5538
This act requires registration of those individuals who provide personal care assistant services to a consumer; disqualifies individuals convicted of exploitation of elders. |
S.B. 461
This act requires registration of those individuals who provide personal care assistant services to a consumer; disqualifies individuals convicted of exploitation of elders. |
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South Carolina
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none |
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South Dakota
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none |
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Tennessee
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none |
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Texas
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none |
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Utah
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none |
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Vermont
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none |
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H.B. 987
Provides that it is a Class 5 felony to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an elderly or incapacitated adult's property or financial resources with the intent to temporarily or permanently deprive the adult of the use, benefit, or possession of the property or financial resources. If the violation is by a caregiver or person with a fiduciary relationship it is a Class 3 felony. The bill allows forfeiture of personal property used in connection with the crime. |
S.B. 431
Passed Senate 2/10/12
Provides that it is a felony punishable by imprisonment in a state correctional facility for not less than one nor more than 20 years to knowingly and without legal justification, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an incapacitated adult’s money, assets, property, or financial resources with the intent to permanently deprive the adult of the use, benefit, or possession of the property or financial resources. If the violation is by a caregiver or person in a position of trust it is a Class 3 felony. The bill allows forfeiture of personal property used in connection with the crime. |
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Virgin Islands |
not available |
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H.B. 1003
Prohibits a person, who applies for or holds a license or temporary practice permit and has a final finding issued by the Department of Social and Health Services of abuse or neglect of a minor or abuse, abandonment, neglect, or financial exploitation of a vulnerable adult, from practicing a health care profession in this state until proceedings of the appropriate disciplining authority have been completed. |
H.B. 1523
S.B. 5510
Revises the definition of "neglect" by including an act or omission by a person or entity with a duty of care that demonstrates a serious disregard of consequences of such a magnitude as to constitute a clear and present danger to a vulnerable adult's health, welfare, or safety. Requires the department of social and health services or law enforcement, in conducting an investigation of abandonment, abuse, financial exploitation, self-neglect, or neglect, to, upon request, have access to all relevant records related to a vulnerable adult that are in the possession of mandated reporters and their employees. Authorizes the department of social and health services, the certified professional guardian board, and the office of public guardianship to share information contained in reports and investigations of the abuse, abandonment, neglect, self-neglect, and financial exploitation of vulnerable adults. |
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West Virginia
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none |
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Wisconsin
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none |
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H.B. 39
Modifies penalties for misdemeanor offenses; provides for classes of misdemeanors, including abuse, neglect, abandonment, intimidation or exploitation of a vulnerable adult. |
S.B. 56
Passed House 2/26/13
Relates to adult protective services; allows access to specified records; provides that the records concerning reports and investigations shall be available to the vulnerable adult who is the subject of the record, his legal guardian, the personal representative of a deceased vulnerable adult or a decedent's wrongful death representative appointed to bring an action for the benefit of the vulnerable adult's beneficiaries. |
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