Financial Crimes Against the Elderly 2018 Legislation

Heather Morton 1/3/2019

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.

Man Taking Money Out Elderly Man's Pocket

Thirty-six states, the District of Columbia and Puerto Rico addressed financial exploitation of the elderly and vulnerable adults in the 2018 legislative session. Twenty-four states enacted legislation or adopted resolutions.

Alaska enacted a bill stating that an adult may not enter into a supported decision-making agreement if the agreement encroaches on the authority of a guardian or conservator of the adult, unless the guardian or conservator approves in writing the adult entering into the supported decision-making agreement. California clarified that a conservatorship continues until terminated by the death of the conservatee or by order of the court, subject to the existing provisions of law described above that, among other things, continue to authorize a conservator to take certain actions with regard to the estate of a deceased conservatee. In addition to other bills, California required local law enforcement agencies, as defined, and long-term care ombudsman programs to revise or include in their policy manuals, as defined, specified information regarding elder and dependent adult abuse.

Among other bills, Delaware amended the statutory penalties for the crime of home improvement fraud to provide for an increase in the level of the offense for amounts under $50,000 where the victim is 62 years of age or older or an "adult who is impaired" or a "person with a disability" as defined in the Code. Florida created a cause of action for injunction for protection of vulnerable adult from exploitation and authorized the Clerk of the Court to conduct audits and cause guardianship reports to be audited under certain circumstances. Georgia enacted legislation to establish at-risk adult protective investigative/coordinating teams to coordinate the investigation of and responses to suspected instances of abuse, neglect, or exploitation of disabled adults or elder persons.

Idaho revised provisions regarding duty to report cases of abuse, neglect or exploitation of vulnerable adults. Illinois provided that the court may not appoint an individual the guardian of the person or estate of an adult with disabilities before the individual has disclosed to the court the number of adults with disabilities over which the individual is currently appointed as guardian. The new law further provided that if the court determines that an individual is appointed guardian over more than five adults with disabilities, then the court shall issue an order directing the circuit court clerk to notify the Guardianship and Advocacy Commission, in a form and manner prescribed by the Commission. Iowa established a state office of public guardian and authorize the establishment of local offices of public guardian to provide public guardianship services to adults when no private guardian, conservator, or representative payee is available.

Kentucky adopted portions of the Uniform Power of Attorney Act of 2006. Maryland authorized a court to include in an order appointing a guardian of the person of a disabled person the duty to foster and preserve certain family relationships under certain circumstances. Michigan enacted a bill to allow a peace officer to investigate for financial neglect, abuse, or harm after responding to an incident involving alleged physical abuse of a vulnerable adult or elder adult. Minnesota provided financial exploitation protections for older adults and vulnerable adults. Missouri stated that the court shall not appoint an unrelated third party as a guardian or conservator unless there is no relative suitable and willing to serve or if the appointment of a relative or nominee is otherwise contrary to the best interests of the incapacitated or disabled person. New Hampshire expanded the definition of financial exploitation to include any circumstances where a person knew that the elderly, disabled, or impaired adult lacked the capacity to consent, or consciously disregarded a substantial and unjustifiable risk that the elderly, disabled, or impaired adult lacked the capacity to consent.

New Mexico amended its Uniform Probate Code relative to protective arrangements; addresses separate accounts and records, liability of a guardian, voting rights of a protected person, alternate protective arrangements, waivers of liability, and bonding. Ohio enacted a bill to develop best practices and educational opportunities to combat elder fraud and exploitation and to fine and require full restitution from offenders who are found guilty of certain fraud-related crimes against the elderly. South Carolina defined and prohibited unfair practices targeting vulnerable adults by obtaining money, property, or personally identifying information through deception, intimidation, undue influence, or false misleading, or deceptive acts or practices; provided a right of action, recovery amounts, and penalties; and provided that the remedial provisions of this chapter are cumulative. Tennessee enacted the "Elderly and Vulnerable Adult Protection Act of 2018."

Virginia added the offenses of obtaining money by false pretense, financial exploitation of mentally incapacitated persons, and construction fraud to the prohibited practices under the Virginia Consumer Protection Act (§ 59.1-196 et seq.). Wisconsin revised provisions relating to uniform adult guardianship jurisdiction and repealed certain provisions relating to registration and recognition of orders from other states.

Alabama adopted a joint resolution supporting the Working Interdisciplinary Networks of Guardianship stakeholders. Kentucky recommended that the Cabinet for Health and Family Services and the Administrative Office of the Courts create a pilot Working Interdisciplinary Networks of Guardianship Stakeholders, or Working Interdisciplinary Networks of Guardianship Stakeholders (WINGS), to examine how Kentucky's adult guardianship is working and to identify needed changes.

 

Financial Crimes Against the Elderly | 2018 Legislation
STATE BILL NUMBER BILL SUMMARY
Alabama

H.J.R. 254

Signed by governor 4/6/18, Act 575

Supports Working Interdisciplinary Networks of Guardianship Stakeholders.
Alaska

H.B. 170

Signed by governor 7/24/18, Chapter 65

Relates to securities, registration, exempt securities, exempt transactions, broker-dealers, agents, investment advice, investment advisers, investment adviser representatives, federal covered securities, federal covered investment advisers, viatical settlement interests, small intrastate security offerings, Canadian broker-dealers, and Canadian agents; relates to protecting older and vulnerable adults from financial exploitation; relates to administrative, civil, and criminal enforcement provisions, including restitution and civil penalties for violations; relates to an investor training fund; establishes increased civil penalties for harming older persons and vulnerable adults; relates to corporations organized under the Alaska Native Claims Settlement Act; amends Rules 4, 5, 54, 65, and 90, Alaska Rules of Civil Procedure, and Rule 602, Alaska Rules of Appellate Procedure.

Alaska

H.B. 336

Signed by governor 9/27/18, Chapter 108

Relates to supported decision-making agreements to provide for decision making assistance; states an adult may not enter into a supported decision-making agreement under this section if the agreement encroaches on the authority of a guardian or conservator of the adult, unless the guardian or conservator approves in writing the adult entering into the supported decision-making agreement.

Arizona None  
Arkansas None  
California

A.B. 329

Died pursuant to Art. IV, Sec. 10(c) of the Constitution 2/1/18

Existing law makes it a misdemeanor for a person who knows or reasonably should know that a person is an elder or dependent adult and who, under circumstances or conditions other than those likely to produce great bodily harm or death, willfully causes or permits any elder or dependent adult to suffer or inflict thereon unjustifiable physical pain or mental suffering. This bill makes it a felony for a person to commit those acts against a resident of an unlicensed residential care facility for the elderly or an adult resident of an unlicensed community care facility, while owning, managing, or helping to operate that facility. Existing law makes it a misdemeanor or a felony for a caretaker of an elder or dependent adult to violate any law proscribing theft, embezzlement, forgery, fraud, or identity theft with respect to the property or personal identifying information of that elder or dependent adult. Under existing law, if the value of the property taken exceeds $950, the offense is punishable by a fine not exceeding $2,500, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by a fine not exceeding $10,000, or by imprisonment in a county jail for two, three, or four years, or by both that fine and imprisonment. This bill additionally makes the above specified crime applicable to a person who has a business relationship with an elder or dependent adult. If in the commission of the above-specified offense, the elder or dependent adult is transported from one residential location to another residential location in furtherance of the offense, the bill makes the offense punishable by a fine not exceeding $20,000, or by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment, or by imprisonment in the state prison for two, three, or four years Existing law defines “dependent adult” for purposes of crimes against elderly or dependent adults as including any person between 18 and 64 years of age who is admitted as an inpatient to a 24-hour health facility, as defined. This bill expands that definition to include any person between 18 and 64 years of age who resides in a community care facility or an unlicensed community care facility.

California

A.B. 502

Died pursuant to Art. IV, Sec. 10(c) of the Constitution 2/1/18

This bill creates the San Diego County Elder or Dependent Adult Financial Abuse Crime Victim Compensation Pilot Program and authorizes the board, upon appropriation by the Legislature before Jan. 1, 2020, to provide victims of elder or dependent adult financial abuse compensation to reimburse costs for financial counseling, mental health counseling, or supportive services, as specified, if the crime occurred in the County of San Diego. The bill limits compensation pursuant to this authorization to $3,000 per person and an aggregate total of $1 million. The bill excludes a derivative victim from eligibility for compensation if the only crime the victim suffered was elder or dependent adult financial abuse. The bill authorizes the pilot program to operate until Jan. 1, 2021. The bill requires the board to report specified information related to the pilot program to the Legislature and governor on or before July 1, 2021. The bill repeals these provisions on Jan. 1, 2022. This bill makes legislative findings and declarations as to the necessity of a special statute for the County of San Diego.

California A.B. 2159

This bill requires a money transmitter to provide a consumer fraud warning on all money transmittal forms used by consumers to send money to an individual, to provide consumer fraud prevention training for its agents to monitor its agents, activities relating to consumer transmittals, and to establish a toll-free number for consumers to call to report fraud or suspected fraud. The bill makes a failure to implement the fraud prevention measures established by the bill subject to a civil penalty not to exceed $1,000, or if the violation is willful, a civil penalty not to exceed $5,000.

California

A.B. 2236

Signed by governor 7/18/18, Chapter 126

Existing law provides that a conservatorship continues until terminated by the death of the conservatee or by order of the court. Notwithstanding that provision, existing law provides that a conservator continues to have the duty of custody and conservation of the estate after the death of the conservatee pending the delivery of the estate to the conservatee’s estate or other disposition according to law. Among other provisions, existing law further provides that upon the death of a conservatee, the conservator is authorized to contract for and pay for the reasonable expenses of the deceased conservator and the unpaid expenses of the conservatorship from any personal property under the control of the conservator. Existing law provides that the court continues to have jurisdiction over these proceedings, as specified. This bill clarifies that a conservatorship continues until terminated by the death of the conservatee or by order of the court, subject to the existing provisions of law described above that, among other things, continue to authorize a conservator to take certain actions with regard to the estate of a deceased conservatee.

California A.B. 2744

Makes an owner, operator, or employee of a referral agency a mandated reporter of elder or dependent adult abuse.

California

A.CR. 238

Adopted 8/17/18, Resolution Chapter 135

This measure proclaims and acknowledges the month of June 2018 as Elder and Dependent Adult Abuse Awareness Month in California and would reiterate the importance of annually recognizing Elder and Dependent Adult Abuse Awareness Month in the state.

California

S.B. 1191

Signed by governor 9/18/18, Chapter 513

This bill requires local law enforcement agencies, as defined, and long-term care ombudsman programs to revise or include in their policy manuals, as defined, specified information regarding elder and dependent adult abuse.

California

S.C.R. 140

Adopted 6/27/18, Resolution Chapter 110

This measure proclaims the month of June 2018 and June of every year thereafter as Elder and Vulnerable Adult Abuse Awareness Month.

Colorado None  
Connecticut

H.B. 5244

Passed House 4/25/18

Establishes a task force to study best practices to ensure a conserved person's right to interact with others.

Connecticut S.B. 474

Provides a mechanism by which broker-dealers and investment advisers may voluntarily report suspected cases of financial exploitation involving seniors and other vulnerable adults, and authorizes a temporary disbursement delay from securities-related accounts in suspected cases of financial exploitation.

Delaware

H.B. 103

Signed by governor 5/9/18, Chapter 237

The bill amends §916 of Title 11 of the Code so that the statutory penalties for the crime of home improvement fraud increase as the amount of the loss to the victim increases, using the same scale applicable to theft under §841 of Title 11 and new home construction fraud under §917 of Title 11. Like theft under §841 of Title 11, the amendment also provides for an increase in the level of the offense for amounts under $50,000 where the victim is 62 years of age or older or an "adult who is impaired" or a "person with a disability" as defined in the Code. The Act also amends the definition of "home improvement contract" to provide that a victim's payment can be in any form, not just money, and to clarify that a "home improvement contract" includes all agreements for labor, services and materials to be furnished and performed under the home improvement contract.

Delaware

H.B. 332

Signed by governor 8/29/18, Chapter 387

Mandates reporting by certain employees of broker dealer or investment adviser firms who have a reasonable belief that financial exploitation of an eligible adult has occurred, been attempted, or will be attempted; reports will be to both the Investor Protection director and the Department of Health and Social Services; enables broker dealers and investment advisers to delay disbursement from an account of an eligible adult where financial exploitation is suspected; includes definitions.

Delaware

H.B. 362

Signed by governor 7/23/18, Chapter 343

Sets forth revisions to the Code related to Adult Protective Services; updates language to reflect best practices and current names of agencies and class positions; defines alleged victim as any adult who is impaired, incapacitated, elderly or vulnerable that may have been abused, neglected or exploited based on a report to Adult Protective Services.

Delaware

H.C.R. 89

Adopted 6/5/18

Recognizes June 15, 2018, as “Delaware Elder Abuse Awareness Day” and encourages all of Delaware’s citizens to learn about how to protect and nurture our elderly citizens.

District of Columbia B22-422

This bill requires mandatory reporting of suspected instances of financial exploitation of seniors and vulnerable adults with regard to banks, credit unions, insurers, investment advisors and other institutions. It also provides for notification of potential financial exploitation to authorized designated third parties. It also provides immunity from administrative or civil liability authorized by this legislation to delay disbursements of funds in cases of suspected financial exploitation. It mandates records sharing related to financial exploitation of seniors and vulnerable adults with the Department of Insurance, Securities and Banking, Adult Protective Services, and law enforcement.

District of Columbia B22-838

This bill establishes an Elder Abuse Response Team to coordinate services available to victims of elder abuse cases.

Florida

H.B. 681

Died in committee 3/10/18

Requires securities dealers, investment advisers, and associated persons to report knowledge or suspicion of abuse, neglect, or exploitation of vulnerable adults to the Department of Children and Families’ central abuse hotline; authorizes such dealers, advisers and persons to delay transaction or disbursement of funds or securities based on reasonable belief of past, present, or attempted financial exploitation involving specified adults; provides basis for reasonable belief; requires specified notices and reports; provides for expiration of delay; authorizes shortening, extension or termination of delay; requires certain dealers, advisers, and persons to make certain records available to OFR; provides specified immunity for such dealers, advisers, and persons; requires specified minimum training and recordkeeping of training compliance.
Florida

H.B. 1059

Signed by governor 3/23/18, Chapter 100

Creates a cause of action for injunction for protection of vulnerable adult from exploitation; provides requirements for clerk of circuit court; provides penalty for willful violation.

Florida

H.B. 1187

Signed by governor 3/21/18, Chapter 68

S.B. 1002

Substituted 3/5/18

Relates to guardianship; authorizes the Clerk of the Court to conduct audits and cause guardianship reports to be audited under certain circumstances; requires the clerk to advise the court of the results of any audit; prohibits any fee or cost incurred by the guardian in responding to the review or audit; authorizes the clerk to disclose confidential information to the Department of Children and Families or law enforcement agencies if so court ordered.

Florida

H.B. 6057

Substituted 2/20/18

S.B. 498

Signed by governor 3/19/18, Chapter 20

Abrogates the scheduled repeal of provisions governing a direct support organization relating to elderly affairs.

Florida

S.B. 500

Died in committee 3/10/18

Establishes the Senior Advocate Program; specifies persons and entities that senior advocates may collaborate with in order to resolve concerns regarding vulnerable seniors and improve their quality of life; authorizes the Department secretary to appoint senior advocates to advocate for certain seniors; makes an appropriation.

Florida

S.B. 662

Died on calendar 3/10/18

Requires securities dealers, investment advisers, and associated persons to immediately report knowledge or suspicion of abuse, neglect, or exploitation of vulnerable adults to the Department of Children and Families’ central abuse hotline; authorizing dealers, investment advisers, and associated persons to delay certain transactions or disbursements if such persons reasonably believe certain exploitation of a specified adult has occurred, is occurring, has been attempted, or will be attempted, etc.

Florida

S.B. 1562

Tabled 3/6/18

Creates a cause of action for an injunction for protection against the exploitation of a vulnerable adult; provides a list of persons who may seek an injunction; requires that a clerk of the circuit court assist the petitioner in preparing an affidavit or direct the petitioner to a certain office, under certain circumstances, etc.
Georgia

H.B. 635

Signed by governor 5/7/18, Act 418

Provides for the establishment of at-risk adult protective investigative/coordinating teams to coordinate the investigation of and responses to suspected instances of abuse, neglect, or exploitation of disabled adults or elder persons; provides for a definition; provides for immunity; provides for coordination with the director of the Division of Aging Services; provides for the composition, duties, and responsibilities of the at-risk adult protective investigative/coordinating teams; provides for memoranda of understanding; provides for confidentiality of records.

Georgia H.B. 896

Amends Title 29 of the Official Code of Georgia Annotated, relating to guardian and ward, so as to change provisions relating to guardians and conservators of adults; recognizes certain provisions of the "Uniform Adult Guardianship and Conservatorship Proceedings Jurisdiction Act" in connection with the appointment of a guardian or conservator of adults and the jurisdiction for such petitions; changes provisions relating to the termination of an emergency guardianship.

Guam Not available  
Hawaii

H.B. 432

Passed House 3/7/17

S.B. 539

Makes financial exploitation of an elder by a caregiver a class A felony.  Defines "caregiver", "elder", and "financial exploitation."

Hawaii H.B. 1759

Makes financial exploitation of an elder by a caregiver a class A felony.

Hawaii H.B. 1858

Specifies that the attorney general may bring a civil action on behalf of the state for alleged abuse of a dependent elder by employees or agents of the state whose duty is to oversee or manage the financial affairs of a dependent elder.

Idaho

H.B. 347

Signed by governor 3/12/18, Chapter 56

Relates to the office of ombudsman for the elderly; amends §39-5303 to revise provisions regarding duty to report cases of abuse, neglect or exploitation of vulnerable adults; and amends §67-5009 to revise provisions regarding the office of ombudsman for the elderly.

Illinois H.B. 4301

Amends the Probate Act of 1975. Provides that if a respondent in an adult guardianship action is residing in a nursing home, assisted living facility, veterans hospital, or any other residence where he or she is receiving care, and the respondent possesses real property located in another county that served as the residence of the respondent, the petitioner shall cause notice to be given in the county in which the real property of the respondent is located by publishing notice of the hearing for no less than 14 days in a newspaper of general circulation in that county.

Illinois

H.B. 4867

Signed by governor 8/1/18, Public Act 100-659

Amends the Guardians for Adults with Disabilities Article of the Probate Act of 1975. Provides that the court may not appoint an individual the guardian of the person or estate of an adult with disabilities before the individual has disclosed to the court the number of adults with disabilities over which the individual is currently appointed as guardian. Provides that if the court determines that an individual is appointed guardian over more than 5 adults with disabilities, then the court shall issue an order directing the circuit court clerk to notify the Guardianship and Advocacy Commission, in a form and manner prescribed by the Commission. Provides that the clerk shall notify the Commission no later than 7 days after the entry of the order. Exempts the Office of the State Guardian and public guardians from the new provisions. Provides that the Guardianship and Advocacy Commission shall maintain a list of all notifications it receives under the new provisions for reference by other agencies or units of government or the public.

Illinois

H.B. 5497

Signed by governor 8/10/18, Public Act 100-778

Amends the Illinois Credit Union Act. Provides that a credit union may furnish the financial records of a member to an appropriate law enforcement authority upon written request from the law enforcement authority explaining a reasonable suspicion of an imminent threat to the personal security and safety of a member exists. Provides that a supervisory committee of a credit union with assets of $10 million or more shall engage a certified public accountant or certified public accounting firm licensed by the Department of Financial and Professional Regulation to perform an annual external independent audit. Provides that a supervisory committee of a credit union with assets of $5 million or more but less than $10 million shall engage a certified public accountant or certified public accounting firm licensed by the Department to perform an annual external independent audit or an agreed-upon procedures report. Provides that the external independent audit report or agreed upon procedures report shall be delivered to the secretary of Financial and Professional Regulation no later than 120 days after the end of the calendar or fiscal year. Provides that funds not used in loans to the credit union's members may be invested to aid in the credit union's management or in the purchase and assumption of assets held by other financial institutions. Provides that a law enforcement authority's written request for the credit union to furnish financial records shall reflect that it has been authorized by a supervisory or managerial official of the law enforcement authority. Provides that a credit union providing information upon a law enforcement authority's written request shall not be liable for the disclosure of the information to the law enforcement authority. Makes other changes.

Illinois

H.R. 846

Adopted 5/10/18

Declares the date of June 15, 2018 as Elder Abuse Awareness Day in the state of Illinois.

Illinois

H.R. 897

Adopted 5/17/18

Declares intent to eradicate abuse, neglect, and financial exploitation of people with disabilities in Illinois.

Illinois

S.B. 1409

Passed House 5/4/17

Amends the Criminal Identification Act. Provides that the court shall not order the sealing of the records of arrests or charges not initiated by arrest which result in a conviction for financial exploitation of an elderly person or a person with a disability, aggravated identity theft against a person 60 years of age or older or a person with a disability, abuse or criminal neglect of a long term care facility resident, or criminal abuse or neglect of an elderly person or person with a disability. Amends the Criminal Code of 2012. Provides that a person who commits the offense of financial exploitation of an elderly person or a person with a disability may be tried in any one of the following counties in which (1) any part of the offense occurred or (2) the victim or one of the victims reside. Provides that theft by deception from a person with a disability is a Class 2 felony. Provides that consent shall not be a defense to financial exploitation of an elderly person or a person with a disability if the accused knew or had reason to know that the elderly person or a person with a disability lacked capacity to consent.

Illinois S.B. 3621

Creates the Protect Vulnerable Adults from Financial Exploitation Act. Provides that any investment adviser, salesperson, or other financial personnel who reasonably believes that financial exploitation of an eligible adult may have occurred, may have been attempted, or is being attempted shall promptly notify the Securities Director of the Securities Department and may also notify any third party previously designated by the eligible adult. Grants such persons immunity from any administrative or civil liability that might arise from such governmental or third-party disclosures. Provides that an investment adviser, salesperson, or other financial personnel may delay the disbursement of funds from the account of an eligible adult or any account that an eligible adult is a beneficiary of if financial exploitation is suspected. Provides that any delayed disbursement of funds shall expire upon the sooner of: (i) a determination that the disbursement will not result in financial exploitation of the eligible adult; or (ii) 15 business days after the date upon which the funds were first delayed, unless the Securities Director requests an extension. Permits a court to enter an order extending the delay of the disbursement of funds or to order other protective relief. Grants immunity to any investment adviser, salesperson, or other financial personnel from any administrative or civil liability that might arise from a delay in the disbursement of funds. Requires an investment adviser, salesperson, or other financial personnel to provide access to or copies of records that are relevant to the suspected or attempted financial exploitation of an eligible adult to State agencies charged with administering State adult protective services laws and to law enforcement. Defines terms.

Indiana None  
Iowa

H.F. 2105

Became H.F. 2402 2/27/18

This bill relates to the termination or suspension of an agent’s authority to act for a principal under a power of attorney. Code §633B.110 currently provides that an agent’s authority for a power of attorney terminates upon the occurrence of several circumstances including but not limited to when the principal revokes the authority; the agent dies, becomes incapacitated, or resigns; or an action is filed for the dissolution or annulment of the agent’s marriage to the principal or for their legal separation, unless the power of attorney otherwise provides. The bill amends the Code section to include an additional circumstance under which an agent’s authority terminates, namely, if the agent is named as the abuser in a founded dependent adult abuse report related to the principal’s financial resources or is convicted of dependent adult abuse related to the principal’s financial resources.

Iowa H.F. 2402

Relates to an agent’s termination or suspension of authority for a power of attorney.

Iowa

H.F. 2449

Signed by governor 3/28/18, Chapter 1048

Amends the Substitute Decision Maker Act to be the Public Guardian Act; establishes a state office of public guardian and authorize the establishment of local offices of public guardian to provide public guardianship services to adults when no private guardian, conservator, or representative payee is available.

Kansas None  
Kentucky

H.B. 5

Signed by governor 3/13/18, Act 13

Relates to public guardianship; specifies when the Cabinet for Health and Family Services may be appointed as a resident's limited guardian, guardian, limited conservator, or conservator; provides that a guardian or limited guardian is to manage the personal affairs of a disabled person; allows a physician assistant to be part of an interdisciplinary evaluation team; retains the right to a jury trial in a guardianship competency hearing if demanded by or on behalf of any party.

Kentucky

H.B. 11

Signed by governor 4/26/18, Act 185

Adopts portions of the Uniform Power of Attorney Act of 2006; establishes definitions for the chapter; provides that the chapter shall apply to all powers of attorney except for certain exceptions; provides that powers of attorney are durable and for their execution; provides a choice-of-law rule for determining the law that governs the meaning and effect of the power of attorney; details the relationship between a power of attorney and a conservator or guardian.

Kentucky H.B. 126

Amends KRS 186.990, 194A.990, 341.990, and 516.120 to raise the threshold level for a Class D felony for unlawful registration of a car to evade taxes, misrepresentation to receive public assistance or unemployment benefits, and unlawful use of slugs from $100 to $1,500; amends KRS 205.8461, 205.8463, 209.990, 238.995, and 434.850 to raise the threshold level for a Class D felony for unlawful referral practices of a Medicaid provider, fraudulent Medicaid claims, wantonly or recklessly exploiting a vulnerable adult, charitable gaming fraud, unlawful diversion of charitable gaming funds, and unlawful access to computers in the second degree from $300 to $1,500; amends KRS 209.990 to raise the threshold level for a Class C felony for knowingly exploiting a vulnerable adult from $300 to $1500; amends KRS 217.181 to raise the threshold levels for a Class C and D felony for theft of a legend drug; amends KRS 304.47-020, 434.650, 434.655, 434.660, 434.670, 434.690, 514.030, 514.040, 514.050, 514.060, 514.070, 514.080, 514.090, 514.110, 514.120, and 517.060 to raise the threshold level for a Class D felony for various fraud and theft crimes from $500 to $1500; and amends KRS 365.241 to raise the threshold level for a Class D felony for counterfeit intellectual property from $1,000 to $1,500.

Kentucky

H.J.R. 33

Signed by governor 4/2/18, Act 52

Recommends that the Cabinet for Health and Family Services and the Administrative Office of the Courts create a pilot Working Interdisciplinary Networks of Guardianship Stakeholders, or Working Interdisciplinary Networks of Guardianship Stakeholders (WINGS), to examine how Kentucky's adult guardianship is working and to identify needed changes.

Louisiana

H.B. 503

Signed by governor 5/23/18, Act 434

Establishes protections for certain eligible adults from financial exploitation; provides for notices relating to covered financial institutions; provides for the delay of financial transactions in instances of suspicion of financial exploitation; provides certain immunity.

Louisiana H.B. 505

Provides for the protection of certain individuals from financial exploitation and regulates the ability of covered financial institutions to delay disbursements of certain funds.

Louisiana H.B. 594

Creates the crime which would prohibit telemarketing targeted at the elderly population.

Louisiana S.B. 355

Provides that on and after Jan. 1, 2019, certain persons who are acting as a representative of the covered financial institution and have cause to believe that financial exploitation of an eligible adult who has requested a financial transaction involving the covered financial institution is occurring, has or may have occurred, or is being attempted, or has been, or may have been attempted, shall notify the financial institution of the suspected financial exploitation.

Maine

L.D. 968

Vetoed by governor 4/17/18

Veto overridden 4/17/18, Chapter 390

Requires that a signature card or other document establishing a multiple party account must contain a clear and conspicuous printed notice to the depositor that on the depositor's death the balance in the account will belong to the surviving party.

Maryland H.B. 956

Authorizes a victim of a certain offense to bring a civil action for treble damages against a certain person; establishes that a certain criminal conviction is not a prerequisite for maintenance of an action under the Act; provides for the recovery of reasonable attorney's fees and court costs in an action brought under the Act; and applies the Act prospectively.

Maryland

H.B. 1483

Signed by governor 4/24/18, Chapter 287

Authorizes a court to include in an order appointing a guardian of the person of a disabled person the duty to foster and preserve certain family relationships under certain circumstances.

Massachusetts H.B. 334

Relates to deceptive actions perpetrated against elderly and disabled persons.

Massachusetts H.B. 817

Relates to penalties for crimes against seniors.

Massachusetts H.B. 842

Relates the prevention of financial exploitation of the elderly.

Massachusetts H.B. 2346

Relates to the right to counsel in guardianship proceedings.

Massachusetts H.B. 2895

Creates a special commission (including members of the General Court) to combat the financial abuse of the elderly.

Massachusetts H.B. 3027

Establishes the office of adult guardianship and decisional support services.

Massachusetts S.B. 76

Protects disabled persons from financial exploitation.

Massachusetts S.B. 1177

Establishes the office of adult guardianship and decisional support services.

Michigan

H.B. 5813

Signed by governor 12/27/18, Public Act 617

The bill amends Chapter 4 (Arrest) of the Code of Criminal Procedure to allow a peace officer to investigate for financial neglect, abuse, or harm after responding to an incident involving alleged physical abuse of a vulnerable adult or elder adult. "Elder adult" means an adult who is 65 years of age or older. "Vulnerable adult means that term as defined in §145m of the Michigan Penal Code: one or more of the following: (i) An individual age 18 or over who, because of age, developmental disability, mental illness, or physical disability requires supervision or personal care or lacks the personal and social skills required to live independently. (ii) A person who is placed in an adult foster care family home or an adult foster care small group home. (iii) A vulnerable person not less than 18 years of age who is suspected of being or believed to be abused, neglected, or exploited.

Michigan H.B. 5949

Authorizes reporting of financial exploitation of financially endangered adults to family members or others and provides civil, criminal and administrative immunity.

Michigan

H.R. 360

Adopted 6/5/18

Declares June 2018 as Elder Abuse Awareness Month in the state of Michigan.

Minnesota

H.F. 3138

S.F. 2505

Relates to state government finance; modifies provisions governing the Department of Health; provides for community supports and continuing care, protections for older adults and vulnerable adults, children and families, health licensing boards, and MNSure; establishes the Vulnerable Adult Maltreatment Prevention and Accountability Act; modifies requirements for data sharing and data classifications; establishes working groups.

Minnesota

H.F. 3308

S.F. 3103

Relates to health; provides protections for older adults and vulnerable adults; modifies the health care and home care bills of rights; modifies the regulation of home care providers; modifies requirements for reporting maltreatment of vulnerable adults; establishes working groups; requires reports; appropriates money.

Minnesota

H.F. 3468

S.F. 3088

Relates to health; makes changes to statutory provisions affecting older and vulnerable adults; modifies the Minnesota Health Records Act and the health care bill of rights; modifies regulation of nursing homes, home care providers, housing with services establishments, and assisted living services; modifies requirements for reporting maltreatment of vulnerable adults; establishes an advisory task force; provides for access to information and data sharing; requires reports.

Minnesota

H.F. 3833

Signed by governor 5/19/18, Chapter 161

S.F. 919

Indefinitely postponed 4/26/18

Relates to commerce; provides financial exploitation protections for older adults and vulnerable adults.

Minnesota

H.F. 4018

S.F. 3437

Relates to health; makes changes to statutory provisions affecting older and vulnerable adults; modifies the Minnesota Health Records Act and the health care bill of rights; modifies regulation of nursing homes, home care providers, housing with services establishments, and assisted living services; modifies requirements for reporting maltreatment of vulnerable adults; establishes an advisory task force; requires reports; provides for access to information and data sharing.

Minnesota

H.F. 4109

S.F. 3438

Relates to health; makes changes to statutory provisions affecting older and vulnerable adults; modifies the health care bill of rights; modifies regulation of nursing homes, home care providers, housing with services establishments, and assisted living services; modifies requirements for reporting maltreatment of vulnerable adults; establishes an advisory task force; requires reports; provides for access to information and data sharing; imposes civil and criminal penalties.

Minnesota H.F. 4073

Relates to consumer fraud; changes provisions governing deceptive acts.

Minnesota

H.F. 4099

S.F. 3656

Vetoed by governor 5/23/18

Appropriates money for agriculture, rural development, housing, state government, public safety, transportation, environment, natural resources, energy, jobs, economic development, higher education, education, health, and human services; establishes the Legislative Budget Office Oversight Commission.

Minnesota

H.F. 4224

S.F. 3477

Relates to health; makes changes to statutory provisions affecting older and vulnerable adults; modifies the Minnesota Health Records Act and the health care bill of rights; modifies regulation of nursing homes, home care providers, housing with services establishments, and assisted living services; modifies requirements for reporting maltreatment of vulnerable adults; establishes an advisory task force; provides for access to information and data sharing.

Minnesota H.F. 4275

Revises provisions affecting older and vulnerable adults; amends the Health Records Act and the health care bill of rights; modifies regulation of nursing homes, home care providers, housing with services establishments, and assisted living services; modifies requirements for reporting maltreatment of vulnerable adults; establishes an advisory task force; provides for access to information and data sharing; requires reports.

Minnesota

H.F. 4451

S.F. 4014

Relates to state government; modifies provisions governing health care, children and family services, chemical and mental health services, continuing care, community supports, opioids, and health department; establishes MinnesotaCare Buy In Option; makes changes to statutory provisions affecting older and vulnerable adults; prohibits retaliation for acting on behalf of a patient or resident; prohibits deceptive marketing and business practices; creates an Assisted Living and Dementia Care Task Force.

Minnesota H.F. 4457

Relates to health; establishes the Vulnerable Adult Maltreatment Prevention and Accountability Act; modifies provisions governing nursing homes, home care providers, housing with services establishments, and assisted living services; modifies requirements related to reporting maltreatment of vulnerable adults; modifies requirements for data sharing and data classifications; modifies a criminal penalty; establishes working groups; requires reports.

Minnesota H.F. 4458

Relates to health; establishes the Vulnerable Adult Maltreatment Prevention and Accountability Act; modifies provisions governing nursing homes, home care providers, housing with services establishments, and assisted living services; modifies requirements related to reporting maltreatment of vulnerable adults; modifies requirements for data sharing and data classifications; modifies a criminal penalty; establishes working groups; requires reports.

Mississippi

H.B. 979

Died in committee 1/30/18

Requires persons who make reports to the Department of Child Protection Services and the Department of Human Services about the suspected neglect or abuse of a child or the suspected abuse, neglect or exploitation of a vulnerable person to provide their name, address and telephone number to the department.

Mississippi

H.B. 1028

Passed House 2/1/18

Amends §43-47-9 to create "Nancy's Law," which authorizes the department of human services to relocate or provide new caretakers for vulnerable persons during any evaluation or investigation regarding abuse of a vulnerable person; brings forward §§43-47-11, 43-47-13 5 and 43-47-15, which provide for the protective services plans of vulnerable adults who have been abused or exploited.

Mississippi

S.B. 2460

Vetoed by governor 3/26/18

Requires persons who make reports about the suspected neglect, abuse, or exploitation of a child or vulnerable person to provide specific personal information; provides that specific personal information be redacted from records after a case is closed; provides that if a parent or other person responsible for the care or welfare of an abused or neglected child maintains active duty status within the military, the department shall notify the applicable military installation family advocacy program.

Missouri H.B. 1553 This bill changes and adds certain duties and reporting requirements for guardians and conservators. It also specifies that existing guardians and conservators have one year from Aug. 28, 2018, to meet any reporting requirements that change as of Aug. 28, 2018. The bill also gives the court authority to, as part of its review and in its discretion, contact the Department of Health and Senior Services or other appropriate agencies to investigate the conduct of the guardian. The bill adds a definition for "conservator ad litem" and for "interested persons" and amends the definition for "habilitation" and changes the term "least restrictive environment" to "least restrictive alternative." The bill also allows a guardianship to terminate if the court determines that the guardian is unable to provide guardianship services due to the ward's absence from the state or other particular circumstances of the ward. If a ward or protectee petitions the court to return rights to the ward or protectee, the petition may be an informal letter to the court, and anyone who interferes with the transmission of the ward's or protectee's letter or petition may be cited for contempt of court after notice and a hearing. The court may also, on its own motion, set the matter for a hearing if it has reason to believe the powers of a guardian or conservator should be increased or decreased or additional rights should be returned to the ward. Limited guardians and limited conservators may also petition the court at any time to increase the guardian's or conservator's powers or to remove rights from the ward. The bill allows a conservator to, after notice to interested persons and with the express authorization by the court, make financial and property decisions, as specified in the bill, on behalf of a protectee. The bill specifies what the court must consider when exercising or approving a conservator's exercise of his or her powers expressed in the bill. The bill also establishes what a conservator has the power to do without authorization or approval from the court. The bill repeals certain provisions related to the powers and duties of a guardian or limited guardian of an incapacitated person. Currently, no medical or surgical procedure can be performed on a ward without the guardian's consent. This bill allows emergency treatment to be administered without the guardian's consent if such treatment is required. The bill also specifies what a guardian is supposed to do when making health care decisions for an adult ward. If the court appoints an attorney for the respondent, the order shall specify that the attorney has a right to obtain all medical and financial information of the respondent, and no medical care provider or financial institution shall be liable for damages or otherwise for the release of the information to the attorney. Upon entry of appearance by private counsel on behalf of the respondent, the court may permit the court-appointed attorney to withdraw only if, after a hearing, the court finds cause to permit the withdrawal. Additionally, the bill sets out what a court is required to consider when determining the amount of support allowance for a protectee or any other person entitled to such support. The bill provides that, unless it is waived by the court for cause, a protectee is entitled to 10 days' prior notice of a required court hearing on the petition for the sale of the protectee's real or tangible personal property. The protectee is not entitled to notice of a hearing on the petition for the sale of the protectee's intangible personal property. Currently, a conservator must file a settlement of the conservator's accounts with the court, if required by the court. The annual settlement shall be made within 30 days after the anniversary of the appointment of the conservator. This bill revises that provision to require the conservator to file the settlement at least annually or more often if required by the court, the settlement must detail the current status of the estate under conservatorship, and it is required to be filed within 60 days after the anniversary of the appointment of the conservator. The bill specifies what information the settlement must include. The bill specifies what duties a conservator may delegate to an agent; how a conservator must administer a protectee's estate; to what extent a conservator must pay a protectee's or a protectee's dependents' expenses; and in what circumstances a conservator may petition the court for liquidation or redemption of a decedent's joint assets or assets titled with nonprobate transfers. If a ward's estate and available public benefits are inadequate for the proper care of the ward, the ward's guardian is not obligated to use the guardian's own financial resources for the support of the ward. The guardian may apply to the county commission for such care. A guardian shall not have the authority to seek admission of a ward to a mental health or intellectual disability facility for more than 30 days without a court order. Additionally, a social service agency serving as guardian of an incapacitated person is required to notify the court within 15 days after any change in the identity of the professional individual who has primary responsibility for providing guardianship services to the incapacitated person. The bill provides that the probate division of the court has jurisdiction over issues of the adjudication of incapacity and disability and over appointment of a guardian or conservator of an adult who is 18 or older or over whose parents have a matter pending under Chapters 210 or 452, RSMo. This bill establishes specified rights that every incapacitated person has in every guardianship.
Missouri H.B. 1829

This bill provides that in any proceeding to have a public administrator appointed as guardian or conservator when the petitioner is a state agency, the state shall reimburse the county the costs of the proceeding. Attorney's fees shall not be allowed for services rendered by an attorney that is a salaried employee of a public agency or a private agency that receives public funds.

Missouri

S.B. 806

Signed by governor 6/1/18

Relates to the appointment of a guardian or conservator for certain persons; states that the court shall not appoint an unrelated third party as a guardian or conservator unless there is no relative suitable and willing to serve or if the appointment of a relative or nominee is otherwise contrary to the best interests of the incapacitated or disabled person.

Montana No 2018 legislative session
Nebraska None  
Nevada No 2018 legislative session
New Hampshire

H.B. 1807

Signed by governor 6/25/18, Chapter 308

Clarifies the law relating to financial exploitation of elderly, disabled, or impaired adults; expands the definition of financial exploitation to include any circumstances where a person knew that the elderly, disabled, or impaired adult lacked the capacity to consent, or consciously disregarded a substantial and unjustifiable risk that the elderly, disabled, or impaired adult lacked the capacity to consent.

New Jersey A.B. 196

Requires the Department of Human Services to ensure distribution to senior citizens of notice from Division of Consumer Affairs concerning risks and prevention of fraud.

New Jersey

A.B. 699

S.B. 317

Increases penalties for identity theft when victim is a senior citizen or veteran.

New Jersey

A.B. 701

S.B. 923

Creates new offense of theft by financial exploitation of a vulnerable person.

New Jersey

A.B. 824

S.B. 1062

Establishes guardianship monitoring program in Office of Public Guardian for Elderly Adults.

New Jersey A.B. 2522

Establishes centralized, statewide registry and auditing system for court-appointed guardians.

New Jersey

A.B. 3167

S.B. 315

Creates offense of financial exploitation of the elderly.

New Jersey S.B. 216

Creates crime of fiscal victimization against senior citizens or disabled persons.

New Jersey S.B. 1049

Requires money transmitters to provide training materials to delegates concerning financial abuse and exploitation of elder adults.

New Mexico

S.B. 19

Signed by governor 2/28/18, Chapter 10

Amends the Uniform Probate Code; relates to protective arrangements; addresses separate accounts and records, liability of a guardian, voting rights of a protected person, alternate protective arrangements, waivers of liability, and bonding.

New York

A.B. 6099

S.B. 6736

Authorizes banking institutions to temporarily refuse or delay disbursement from the account of a vulnerable elderly person if certain criteria are met.

New York

A.B. 6395

Passed Assembly 3/20/18

S.B. 8754

Relates to the report of suspected financial exploitation; requires the superintendent of the department of financial services to develop guidelines relating to reporting suspected financial exploitation; provides that a third party who reports suspected financial abuse shall have immunity from any civil or criminal liability as a result.

New York

A.B. 8629

S.B. 3654

Passed Senate 6/5/17

S.B. 7065

Passed Senate 6/4/18

Relates to offenses involving thefts of identity. Includes sentence enhancements for identity theft committed against the elderly.

New York S.B. 660

Includes the financial exploitation of the elderly or disabled within the definition of the crime of larceny; defines terms.

New York S.B. 1093

Authorizes banks to refuse payment of moneys when there is reason to believe that a vulnerable adult is being financially exploited.

New York S.B. 2171

Creates a statewide central register of elder abuse and maltreatment reports and the elder justice coordinating council; mandates reporting by certain persons; facilitates interagency planning and reviews specific agency initiatives for their impact on the reporting and investigation of elder abuse and maltreatment in the state.

New York S.B. 7224

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.

North Carolina None  
North Dakota No 2018 legislative session
N. Mariana Islands Not available  
Ohio H.B. 597

Enacts §2913.50 of the Revised Code to create the offenses of theft or conversion of a telephone number or exchange and providing misleading caller identification information.

Ohio H.B. 648

Enacts §§1182.01, 1182.02, and 1315.051 of the Revised Code to establish the Suspicious Wire Transfers Temporary Hold Act.

Ohio

S.B. 158

Signed by governor 12/19/18, Chapter 129

Amends §§2913.02, 2913.21, 2913.31, 2913.43, 2913.49, and 5101.61 and enacts §§109.67 and 173.95 of the Revised Code to develop best practices and educational opportunities to combat elder fraud and exploitation and to fine and require full restitution from offenders who are found guilty of certain fraud-related crimes against the elderly.

Ohio S.B. 290

Enacts §2913.50 of the Revised Code to create the offenses of theft or conversion of a telephone number or exchange and providing misleading caller identification information.

Oklahoma

S.B. 993

Signed by governor 5/10/18, Chapter 308

Relates to vulnerable adults; amends 43A O.S. 2011, §10-105, which relates to investigation of report; requires joint investigations under certain circumstances; requires interviews with certain persons; establishes requirements for certain investigators; establishes requirements for certain interviews.

Oregon None  
Pennsylvania H.B. 2455

Amends statutes relating to domestic relations; provides for vulnerable adult protection.

Pennsylvania H.B. 2549

Amends the act of November 6, 1987, known as the Older Adults Protective Services Act; makes extensive amendments; adds provisions relating to preliminary provisions, administration, criminal history for employees, reporting suspected abuse by employees and miscellaneous provisions.

Pennsylvania H.B. 2579

Amends the Older Adults Protective Services Act; provides for immunity for financial advisors; provides for a private right of action and for financial crimes surcharge; establishes the Older Adult Financial Exploitation Trust Fund; confers powers and imposes duties on the Department of Aging.

Pennsylvania H.B. 2581

Amends statutes relating to crimes and offenses; relates to theft and related offenses; provides for the offense of financial exploitation of the elderly or care dependent persons.

Pennsylvania H.B. 2655

Amends Title 23 Domestic Relations of the Pennsylvania Consolidated Statutes, in provisions relating to abuse of family; provides for senior safety from financial exploitation; provides for immunity to banks under certain circumstances; imposes Powers and duties on Department of Aging.

Pennsylvania H.B. 2687

Amends statutes relating to domestic relations; provides for vulnerable adult protection.

Pennsylvania S.B. 899

Amends Title 23 of the Pennsylvania Consolidated Statutes, providing for older adult protective services and imposing penalties; makes a related repeal.

Puerto Rico S.B. 1023

Amends Law 121 of 1986, the Bill of Rights of the Elderly, for the purposes of authorizing a financial institution to withhold the disbursement of funds from an account belonging to an elderly person when it becomes aware or suspects that said person is a victim of financial exploitation; requires reporting of the retention due to knowledge or suspicion of such case.

Puerto Rico S.B. 870

Orders the Health Commissions; and of Social Welfare and Family Affairs of the Senate of Puerto Rico, conduct a comprehensive investigation on the implementation and effectiveness of Act No. 206 of August 9, 2008 and Act No. 58 of August 5, 2009, the purpose of avoiding financial exploitation against the elderly and disabled.

Rhode Island H.B. 7498

This bill requires the registration, certification, and regulation of those individuals who provide personal care assistant services to a consumer.

Rhode Island

H.B. 7992

Passed House 5/29/18

Establishes the supported decision-making act which is a less restrictive alternative to guardianship for utilization of the probate courts.

Rhode Island H.B. 8031

This Joint Resolution creates a nine member special joint task force whose purpose it would be to make a comprehensive study on the prevalence and impact of elder abuse and exploitation in this state and to make recommendations on policies and legislation to effectively address the issue, and who would report back to the general assembly no later than February 1, 2019, and whose life would expire on June 30, 2019.

Rhode Island S.B. 2307

This bill requires the registration, certification, and regulation of those individuals who provide personal care assistant services to a consumer.

Rhode Island S.B. 2868

This Joint Resolution creates a nine-member special task force whose purpose it would be to study elderly abuse and financial exploitation, and who would report back to the Senate no later than February 5, 2019, and whose life would expire on June 30, 2019.

South Carolina

S.B. 1041

Signed by governor 5/3/18, Act 162

Adds §37-6-119, to define and prohibit unfair practices targeting vulnerable adults by obtaining money, property, or personally identifying information through deception, intimidation, undue influence, or false misleading, or deceptive acts or practices; provides a right of action, recovery amounts, and penalties; and provides that the remedial provisions of this chapter are cumulative.

South Dakota

H.B. 1204

Passed House 2/20/18

Revises certain provisions regarding power of attorney.

Tennessee

H.B. 941

Substituted 3/12/18

S.B. 264

Signed by governor 4/2/18, Public Chapter 605

Redefines "least restrictive alternatives" for purposes of supported decision-making agreements.

Tennessee

H.B. 2177

S.B. 2077

Lowers age from 60 to 40 for adults with disabilities to be eligible for public guardianship; makes various changes to statutory language to reflect expansion beyond elderly persons.

Tennessee

H.B. 2159

Signed by governor 5/21/18, Public Chapter 1050

S.B. 2621

Substituted 4/24/18

Enacts the "Elderly and Vulnerable Adult Protection Act of 2018."

Texas No 2018 legislative session
Utah

S.B. 88

Signed by governor 3/16/18, Chapter 159

This bill enacts provisions related to the financial exploitation of vulnerable adults. This bill: defines terms; addresses reporting requirements when an agent; an investment adviser representative; or an individual who serves in a supervisory, compliance, or legal capacity for a broker-dealer or an investment adviser believes a person has engaged in or attempted to engage in the financial exploitation of an elderly or vulnerable adult; allows a broker-dealer or an investment adviser to delay a disbursement from an account when the broker-dealer or investment adviser suspects the disbursement will result in the financial exploitation of an elderly or vulnerable adult; requires a broker-dealer or an investment adviser to provide certain agencies access to records related to the financial exploitation of an elderly or vulnerable adult; addresses the classification of a record that a broker-dealer or an investment adviser provides to an agency under the provisions of this bill; and makes technical and conforming changes.

Vermont None  
Virginia H.B. 216

Provides that the annual report that is required to be filed by a guardian with the local department of social services must also include a report by a licensed physician, licensed psychologist, or other licensed professional who has examined the incapacitated person no more than 90 days prior to the end of the applicable reporting period. The bill further provides that a court may issue a summons or motion to show cause why the guardian has not filed a timely annual report upon notification from the local department of social services that such report has not been filed.

Virginia

H.B. 304

Signed by governor 3/19/18, Chapter 299

Adds the offenses of obtaining money by false pretense, financial exploitation of mentally incapacitated persons, and construction fraud to the prohibited practices under the Virginia Consumer Protection Act (§ 59.1-196 et seq.).

Virginia H.B. 406

Prohibits a guardian of an incapacitated person from restricting such incapacitated person's ability to communicate with, visit, or interact with other persons with whom the incapacitated person has expressed a desire to communicate with, visit, or interact with, or with whom the incapacitated person has an established relationship. The bill creates a means by which a guardian may petition the court to restrict such incapacitated person's right to communicate. The bill allows the court to restrict such communication for good cause shown but specifies that the court shall limit itself to the least restrictive means possible if it finds such a restriction to be necessary. The bill allows the court to require a guardian found to have brought such a petition in bad faith or not for the benefit of the incapacitated person to pay or reimburse all or some of the incapacitated person's reasonable costs and fees. The bill also specifies that such a finding may be grounds for termination of the guardianship appointment. The bill requires the guardian to notify certain relatives of the incapacitated person of certain life events of the incapacitated person, unless the guardian is notified in writing that any such relative does not wish to be notified or if there exists between such relative and the incapacitated person a protective order or court order otherwise prohibiting contact.

Virginia H.B. 477

Prohibits a guardian of an incapacitated person from restricting such incapacitated person's ability to communicate with, visit, or interact with other persons with whom the incapacitated person has expressed a desire to communicate, visit, or interact or with whom the incapacitated person has an established relationship. The bill creates a means by which a guardian may petition the court to restrict such incapacitated person's right to communicate. The bill allows the court to restrict such communication for good cause shown but specifies that the court shall limit itself to the least restrictive means possible if it finds such a restriction to be necessary. The bill allows the court to require a guardian found to have brought such a petition in bad faith or not for the benefit of the incapacitated person to pay or reimburse all or some of the incapacitated person's reasonable costs and fees. The bill also specifies that such a finding may be grounds for termination of the guardianship appointment.

Virginia H.B. 1494

Provides that for the purpose of mandated reporting of suspected adult abuse, neglect, or exploitation, "adult" means any person age 18 or older, regardless of capacity, and requires reporting of suspected abuse, neglect, or exploitation of any vulnerable adult. Currently, reporting is required in cases of suspected abuse, neglect, or exploitation of an adult who is (i) 60 years of age or older or (ii) 18 years of age or older and incapacitated. The bill also directs the Department of Social Services to develop a definition of "vulnerable adult" and to report its recommendation regarding such definition to the Chairmen of the House Committee on Health, Welfare and Institutions and the Senate Committee on Rehabilitation and Social Services by Dec. 1, 2018.

Virginia

H.B. 850

Signed by governor 2/26/18, Chapter 19

S.B. 543

Signed by governor 3/5/18, Chapter 188

Requires courts issuing an emergency order for adult protective services to (i) appoint, when applicable, a temporary conservator with responsibility and authority limited to managing the adult's estate and financial affairs related to the approved adult protective services until the expiration of the order and (ii) set the bond of the temporary guardian and the bond and surety, if any, of the temporary conservator. The bill allows the temporary conservator to petition the court to have the emergency order set aside or modified upon a substantial change in circumstances and requires the temporary conservator to submit to the court a report describing any services provided to the adult.

Washington

H.B. 1139

Passed House 2/1/17

S.B. 5447

Indefinitely postponed 2/22/18

Modifies office of public guardianship provisions with regard to services for supported decision-making assistance and estate administration.

Washington

H.B. 2343

Passed House 2/7/18

S.B. 6111

Indefinitely postponed 2/22/18

Provides a definition for "willful" as that term is used in chapter 74.34 RCW (abuse of vulnerable adults).

Washington

H.B. 2923

S.B. 6479

Requires the department of social and health services to convene an advisory group to: (1) Develop a model program to monitor guardians appointed under chapter 11.88 RCW (appointments, qualifications, and removal of guardians) and to provide for monitoring of both professional and lay guardians; and (2) Develop an in-person training program for use by lay guardians across the state.

Washington

S.B. 5577

Indefinitely postponed 1/25/18

Prohibits a guardian or limited guardian from restricting an incapacitated person's or other vulnerable adult's right to communicate, visit, interact, or otherwise associate with persons of the incapacitated person's or vulnerable adult's choosing. Requires a guardian or limited guardian of an incapacitated person to inform certain persons, within five days, after the incapacitated person: (1) Makes a change in residence; (2) Has been admitted to a medical facility for emergency or acute care; or (3) Dies. Requires the office of public guardianship, in partnership with the office of the state long-term care ombuds, to develop and offer training targeted to the legal community and persons working in long-term care facilities.

West Virginia H.B. 2432

Amends and reenacts §36-1-20 of the Code of West Virginia, 1931, as amended; and amends and reenacts §42-4-2 of said code, all relating generally to barring persons who are convicted of certain criminal offenses from acquiring property from their victims through joint tenancy or inheritance; and creating exceptions.

West Virginia H.B. 2976

Amends and reenacts §46A-6L-101 of the Code of West Virginia; amends said code by adding thereto a new section, designated §46A-6L-104a, all relating to the theft of consumer identity protections; including protection for theft of identity information of persons 60 years of age or older or individuals under 18 years of age; adds definitions; provides that a report to law-enforcement agency is prima facie evidence of identity theft; and provides both misdemeanor and felony penalties for violations.

Wisconsin

A.B. 51

Failed to pass pursuant to Senate Joint Resolution 1 3/28/18

This bill creates a civil cause of action for financial exploitation of a vulnerable person. The bill defines the term “vulnerable person" to include persons who are elderly, financially incapable, incapacitated, or those with a disability who are susceptible to force, threat, duress, coercion, persuasion, or physical or emotional injury because of a physical or mental impairment. Under the bill, a court must award a person who brings a successful action enhanced damages, attorney fees, and reasonable fees for any necessary services of a conservator or guardian ad litem.

Wisconsin

A.B. 629

Signed by governor 4/3/18, Act 187

Revises provisions relating to uniform adult guardianship jurisdiction; repeals certain provisions relating to registration and recognition of orders from other states.

Wisconsin

S.B. 60

Failed to pass pursuant to Senate Joint Resolution 1 3/28/18

This bill creates a civil cause of action for financial exploitation of a vulnerable person. The bill defines the term “vulnerable person" to include persons who are elderly, financially incapable, incapacitated, or those with a disability who are susceptible to force, threat, duress, coercion, persuasion, or physical or emotional injury because of a physical or mental impairment. Under the bill, a court must award a person who brings a successful action enhanced damages, attorney fees, and reasonable fees for any necessary services of a conservator or guardian ad litem.

Wisconsin

S.B. 518

Failed to pass pursuant to Senate Joint Resolution 1 3/28/18

Provides for uniform adult guardianship jurisdiction.

Wyoming None  

 

 

 

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Heather Morton is a program principal in Fiscal Affairs. She covers financial services, alcohol production and sales, and medical malpractice issues for NCSL.

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