Financial Crimes Against the Elderly 2014 Legislation

Heather Morton 1/12/2015

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.

Taking Money out of Senior's PocketTwenty-eight states addressed financial exploitation of the elderly and vulnerable adults in the 2014 legislative session.

Seventeen bills were enacted in 2014. Delaware provided a mechanism for financial institutions to freeze transactions that they suspect are financial exploitation of an elderly person and requires the financial institution to report the suspected financial exploitation to proper agencies. Florida revised when an out of court statement by an elderly person or disabled adult is admissible in certain proceedings. Illinois amended the definition of financial exploitation and changed when civil actions may be brought. Iowa established provisions relating to elder abuse which is the abuse, neglect, or financial exploitation of an older individual, who is 60 years of age or older.

Maryland required a licensee engaged in the business of money transmission to provide specified training materials to specified agents annually on how to recognize financial abuse and financial exploitation of elder adults and how to respond appropriately to specified circumstances. Massachusetts provided funding for an elder abuse hotline. Missouri changed the laws regarding the offense of abuse of an elderly or disabled person, the offense of filing a false elder abuse or neglect report, the offense of failure to report abuse or neglect of a vulnerable person, and the offense of filing a false vulnerable abuse report and changed the laws regarding the offense of financial exploitation of an elderly or disabled person.

New Hampshire established the crime of financial exploitation of an elderly, disabled, or impaired adult and imposed a mandatory sentence of imprisonment for a second or subsequent offense of criminal neglect or financial exploitation of such person. Pennsylvania directed the Legislative Budget and Finance Committee to conduct a study of the existing network of elder abuse task forces in this commonwealth and to assess the feasibility of expanding the network statewide. Rhode Island created a rebuttable presumption that any donative transfers to certain individuals by persons age 60 years of age or older and any dependent persons of any age for whom a conservator, guardian or trustee has been appointed by a probate court of this state are a product of fraud or undue influence.

South Carolina created the vulnerable adult guardian ad litem program within the Office on Aging to recruit, train, and supervise volunteers to serve as court appointed guardians ad litem for vulnerable adults in abuse, neglect, and exploitation proceedings. Tennessee elevated from a Class E felony to a Class D felony the penalty for knowingly abusing, neglecting or exploiting an adult who is unable to manage his or her resources or carry out the activities of daily living due to mental or physical dysfunctions or advanced age. Utah clarified and modified the powers and duties of Adult Protective Services, and made the vulnerable adult database and the adult protection case file available to city attorneys.

West Virginia clarified the definition of “financial exploitation” of the elderly or certain other protected persons; and declared that being a guardian, conservator, trustee or attorney or holding power of attorney is statutorily alone not a defense to financial exploitation. In addition, West Virginia prohibited employment by a nursing home of a person convicted of certain crimes, including felony or misdemeanor involving financial exploitation of a minor or elderly person, unless a variance has been granted by the secretary of the Department of Health and Human Resources.

California proclaimed May 15, 2014, as Senior Fraud Awareness Day, while Delaware recognized June 15, 2014, as Delaware Elder Abuse Awareness Day. Pennsylvania designated October 2014 as Senior Bully Awareness Month.

The box allows you to conduct a full text search or use the dropdown menu option to select a state. 

State: Bill Number: Bill Summary:
Financial Crimes Against the Elderly and Vulnerable Adults 2014 Legislation
Alabama none  
Alaska none  
Arizona H.B. 2245 Increases the damages to three times the actual damages that may be awarded.
Arizona S.B. 1263 Requires that a financial institution shall report to a local law enforcement agency suspected financial abuse that is directed towards, targets or is committed against an elder if, in connection with providing financial services to the elder, both of the following apply: 1. The officer or employee of a financial institution has direct contact with the elder or reviews or approves the elder's financial documents, records or transactions. 2. Either of the following applies: (a) The officer or employee, within the scope of employment or professional practice, Observes or has knowledge of an incident that the officer or employee believes in good faith to be financial abuse. (b) If the officer or employer does not have direct contact with the elder, the officer or employer has a good faith suspicion that financial abuse has occurred or may be occurring, based solely on the information present at the time of reviewing or approving the document, record or transaction.
Arkansas none  
California A.B. 2459 Under existing law, a person who is a caretaker of an elder or dependent adult who violates any provision of law proscribing theft, embezzlement, forgery, fraud, or specified identify theft provisions of law, is subject to a fine not exceeding $1,000, by imprisonment in a county jail not exceeding one year, or by both that fine and imprisonment when the moneys, labor, goods, services, or real or personal property taken or obtained is of a value not exceeding $950. This bill makes technical, nonsubstantive changes to that provision.
California

A.C.R. 146

Adopted 6/6/14, Resolution Chapter 60

This measure proclaims May 15, 2014, as Senior Fraud Awareness Day.

California

S.B. 541

Returned to secretary of Senate pursuant to Joint Rule 56 2/3/14

This bill requires the Department of Real Estate to establish, by Jan. 1, 2016, an Elder Financial Abuse Advisory Committee, as prescribed, to provide to the commissioner, beginning Jan. 1, 2017, and annually thereafter, reports analyzing the department’s financial policies relating to real estate and identifying those policies that negatively impact elderly residents.
California S.B. 847 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 victims of financial elder or dependent adult abuse within the definition of crimes that are eligible for compensation under these provisions, as specified, and provides reimbursement for financial counseling, as specified, for those victims. The bill makes a derivative victim ineligible for compensation if the only crime the victim suffered was financial elder or dependent adult abuse. The bill also provides related legislative findings and declarations.
California S.B. 1233 Existing law makes it a crime, punishable either as a misdemeanor or a felony, to violate any provision of law proscribing theft, embezzlement, forgery, fraud, or identity theft when the victim is an elder or dependent adult and the moneys, labor, goods, services, or real or personal property taken or obtained is of a value exceeding $950. If punished as a misdemeanor, existing law authorizes imprisonment or a fine not to exceed $2,500, or both the fine and imprisonment. If punished as a felony, existing law authorizes imprisonment or a fine not to exceed $10,000, or both the fine and imprisonment. This bill makes the maximum amount of the fine for this crime $25,000, if punished as a misdemeanor, and $100,000, if punished as a felony.
California S.B. 1302 Existing law imposes restrictions upon a person’s or beneficiary’s entitlement to the estate of a decedent who was an elder or dependent adult if the person or beneficiary has committed certain acts against the decedent, including, but not limited to, physical abuse, neglect, or financial abuse. This bill recasts those provisions to instead provide that a person shall be deemed to have predeceased a decedent if he or she is liable for physical abuse, neglect, or financial abuse of the decedent pursuant to the Elder Abuse and Dependent Adult Civil Protection Act, or if that person has been convicted of a violation of provisions prohibiting willfully causing or permitting any elder or dependent adult to suffer, or inflicting thereon unjustifiable physical pain or mental suffering, or having the care or custody of any elder or dependent adult, willfully causing or permitting the person or health of the elder or dependent adult to be injured, or willfully causing or permitting the elder or dependent adult to be placed in a situation in which his or her person or health is endangered, as specified, in which the decedent was the victim. The bill provides that any person who is deemed to have predeceased the decedent shall not receive any property, damages, costs, or restitution that are awarded to the decedent’s estate whether that person’s entitlement is under a will, a trust, or the laws of intestacy, nor serve as a fiduciary on behalf of the decedent’s estate or trust.
California S.B. 1343 The Elder Abuse and Dependent Adult Civil Protection Act authorizes compensatory damages and other relief for an elder or dependent adult who suffers financial abuse. The act defines financial abuse as, among other actions, taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. Existing law also requires a court to award to the elder or dependent adult reasonable attorney’s fees and costs. This bill makes technical, nonsubstantive changes to the latter provision.
Delaware

H.B. 417

Signed by governor 9/30/14, Chapter 438

The bill provides a mechanism for financial institutions to freeze transactions that they suspect are financial exploitation of an elderly person. It requires the financial institution to report the suspected financial exploitation to proper agencies. If DHSS discovers financial exploitation of an elderly person, the banks have clear authority to hold transactions upon receipt of that information. It also updates the definition of exploitation and creates a definition of financial exploitation for any adult who is impaired. It amends the existing immunity provision to provide immunity for holding transactions and eliminates very open ended immunity language that could be claimed as a safe harbor by the person who engaged in any abuse because they cooperate with the investigation.
Delaware

H.C.R. 59

Adopted 6/4/14

This resolution recognizes June 15, 2014, as “Delaware Elder Abuse Awareness Day” and encourages all of Delaware’s citizens to learn about how to protect and nurture our elderly citizens.
Delaware

H.J.R. 9

Passed House 6/27/13

This resolution establishes a study group to assess how the Delaware laws may be enhanced to provide protections of seniors in the context of financial exploitation.
District of Columbia none  
Florida

H.B. 409

Signed by governor 6/20/14, Chapter 200
Revises when an out of court statement by an elderly person or disabled adult is admissible in certain proceedings; expands applicability of prohibition on the fraudulent use of personal identification information of specified victims without consent to include persons 60 years of age or older; deletes a requirement that property of an elderly person or disabled adult be obtained by deception or intimidation in order to constitute exploitation of such a person; creates the Identity Theft and Fraud Grant Program.
Florida

H.B. 1029

Passed House 4/11/14

Provides that it is unlawful for any person to willfully and without authorization fraudulently use personal identification information concerning specified individuals, including those individuals over age 60, without their consent; provides for surcharge and allocation thereof; provides legislative findings; creates Identity Theft and Fraud Grant Program; provides appropriations.
Florida

S.B. 588

Substituted by H.B. 409 4/23/14

Revises when an out-of-court statement by an elderly person or disabled adult is admissible in certain proceedings; deletes a requirement that property of an elderly person or disabled adult be obtained by deception or intimidation in order to constitute exploitation of such a person; creates a presumption that certain inter vivos transfers are a result of exploitation.
Florida

S.B. 1472

Died in committee 5/2/14

Provides that it is unlawful for any person to willfully and without authorization fraudulently use personal identification information concerning specified individuals, including those individuals over age 60, without their consent; creates the Identity Theft and Fraud Task Force within the Department of Law Enforcement to assist in investigation and prosecution of criminal use of personal identification information in specified counties.
Georgia H.R. 1101 Advocates for the protection of the elderly, active duty military personnel, veterans, and persons with cognitive disabilities with limited financial understanding from predatory short-term loans.
Guam not available  
Hawaii

H.B. 1715

To conference committee 4/21/14

Appropriates funds for the operation of investor education and related financial education programs targeted to kupuna, within the Department of Commerce and Consumer Affairs.
Hawaii S.B. 2507

Establishes mandatory minimum prison terms for certain offenses committed against persons whom the defendant knows or reasonably should know are 60 years of age or older.

Idaho none  
Illinois H.B. 4109 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.
Illinois H.B. 5729 Amends the Probate Act of 1975. Provides that if a person is shown by clear and convincing evidence to have financially exploited an elderly person or a person with a disability, any property, benefit, or other interest to which the person is entitled by reason of the death of the financially exploited decedent shall pass as if the person who committed the financial exploitation died before the decedent, except that, with respect to joint tenancy property, the interest possessed prior to the death by the person committing the financial exploitation shall not be diminished. Provides that a determination of financial exploitation may be made by any court of competent jurisdiction, separate and apart from any criminal proceeding arising from the financial exploitation, except that the civil proceeding may not proceed to trial nor may the person be required to submit to discovery in the civil proceeding until any criminal proceedings have been finally determined by the trial court or, if no criminal charge has been brought, prior to one year after the date of the decedent's death. Provides that the holder of property is not liable for distributing or releasing the property to the person committing financial exploitation if the distribution or release occurs prior to a determination made under the new provisions. Provides that if the holder of property knows or has reason to know that a potential beneficiary financially exploited a decedent, the holder shall fully cooperate with law enforcement authorities and judicial officers in connection with any investigation of the financial exploitation. Provides that a person financially exploits an elderly person or a person with a disability when he or she knowingly and by deception or intimidation obtains control over the property of an elderly person or a person with a disability or illegally uses the assets or resources of an elderly person or a person with a disability.
Illinois

S.B. 2955

Signed by governor 8/1/14, Public Act 98-0833

Amends the Probate Act of 1975. Changes the definition of "financial exploitation" to mean any offense or act described or defined in specified provisions of the Criminal Code of 2012, and, in the context of civil proceedings, the taking, use, or other misappropriation of the assets or resources of an elderly person or a person with a disability contrary to law, including, but not limited to, misappropriation of assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, and conversion. Provides that provisions barring specified persons from receiving any property, benefit, or other interest by reason of the death of an elderly person or person with a disability apply also to persons who have been found by a preponderance of the evidence to be civilly liable for financial exploitation. Provides that a civil action against a person for financial exploitation may be brought by an interested person after the death of the victim or during the lifetime of the victim if the victim is adjudicated disabled. Provides that a guardian is under no duty to bring a civil action for financial exploitation during the ward's lifetime, but may do so if the guardian believes it is in the best interests of the ward. Provides that the court may, in its discretion, consider such facts and circumstances as it deems appropriate to allow the person found civilly liable for financial exploitation to receive a reduction in interest or benefit rather than no interest or benefit.
Indiana

S.B. 137

Passed Senate 1/24/14

Requires the legislative council to assign the topic of adult protective service laws to an appropriate study committee during the 2014 interim.
Iowa H.F. 2003 Relates to crime victims, including restitution plan hearings, crime victim compensation, awards to programs that serve crime victims, and the identity theft passport program; allows for the issuance of an identity theft passport to a person who is a resident of Iowa who is the subject of identity theft outside of Iowa, in addition to victims of identity theft in Iowa.
Iowa

H.F. 2106

Withdrawn from further consideration 3/25/14

This bill relates to older individuals, including civil and five criminal protections. The bill establishes provisions relating to elder abuse which is the abuse, neglect, or financial exploitation of an older individual. “Older individual” is defined as an individual who is 60 years of age or older.
Iowa

S.F. 2117

Became S.F. 2239 2/19/14

This bill relates to older individuals, including civil and criminal protections. The bill establishes provisions relating to elder abuse which is the abuse, neglect, or financial exploitation of an older individual. “Older individual” is defined as an individual who is 60 years of age or older.

Iowa S.F. 2145 This bill expands provisions relating to dependent adult abuse including reporting of dependent adult abuse, the dependent adult abuse registry, and provision of protective services to be applicable to elders and elder abuse. The bill defines “elder” to be a resident of this state who is 65 years of age or older. The bill eliminates the restriction of the definition of abuse to only perpetration of abuse by caretakers and instead provides that abuse may be perpetrated by any person including a caretaker. The bill defines “abuse” to include financial exploitation which means the illegal, unauthorized, or improper taking or use of an elder’s or dependent adult’s  funds, property, or assets for the personal or pecuniary profit or benefit of a person other than the elder or dependent adult. Financial exploitation includes but is not limited to possessing or using an elder’s or dependent adult’s funds, property, or other assets through undue influence, harassment, duress, deception, or misrepresentation for the profit or benefit of a person other than the elder or dependent adult. However, the bill specifically excludes from the definition of abuse, good-faith assistance in managing the financial affairs of an elder or dependent adult by a family or household member or other person, undertaken at the request of an elder, dependent adult, or a family member, guardian or conservator of an elder or dependent adult. The bill adds a provision regarding the making of a report of suspected elder or dependent adult abuse to provide that a person making a report who reasonably believes that an elder or dependent adult is in immediate danger shall also make a report to the appropriate law enforcement agency. The bill provides other criminal relief for older individuals. The bill establishes the crime of theft against an older individual which enhances the penalties for the existing crime of theft by one degree based upon the victim being an older individual. The bill amends the criminal provision providing for additional civil penalties for consumer frauds against the elderly to apply to the provision to consumer frauds against older individuals 60 years of age or older. The bill establishes the crime of financial exploitation of an older individual. A person commits financial exploitation of an older individual when the person stands in a position of trust or confidence with the older individual and knowingly and by undue influence, deception, coercion, fraud, breach of fiduciary duty, or extortion, obtains control over or otherwise uses the benefits, property, resources, belongings, or assets of the older individual. The criminal penalties range from a serious misdemeanor to a class “B” felony based on the amount of benefits, property, resources, belongings, or assets of the older individual involved. In addition, the application of the class “B” felony is adjusted based on the increased age of the older individual in addition to the value of the benefits, property, resources, belongings, or assets involved. The bill makes conforming changes throughout the Code to provide that provisions currently applicable to dependent adult abuse are also applicable to elder abuse.
Iowa

S.F. 2239

Signed by governor 5/23/14, Chapter 1107
This bill relates to older individuals, including civil and criminal protections. The bill establishes provisions relating to elder abuse which is the abuse, neglect, or financial exploitation of an older individual. “Older individual” is defined as an individual who is 60 years of age or older.
Kansas none  
Kentucky none  
Louisiana none  
Maine none  
Maryland

H.B. 375

S.B. 177

Increases the penalties for the crime of causing abuse or neglect of a vulnerable adult in the first or second degree.
Maryland

H.B. 723

Signed by governor 5/5/14, Chapter 421
Requires a licensee engaged in the business of money transmission to provide specified training materials to specified agents annually on how to recognize financial abuse and financial exploitation of elder adults and how to respond appropriately to specified circumstances; requires a licensee to provide specified materials to newly appointed agents within one month of the agent's appointment; requires a licensee to include a clear, concise, and conspicuous fraud warning on all transmittal forms used to send money; provides an exception; etc.
Massachusetts

H.B. 4001

Signed by governor with line item veto 7/11/14, Chapter 165

Makes appropriations for the fiscal year 2015 for the maintenance of the departments, boards, commissions, institutions and certain activities of the Commonwealth, for interest, sinking fund and serial bond requirements and for certain permanent improvements, including a statewide elder abuse hotline, money management services, and the elder-at-risk program; provided, that not less than $50,000 shall be expended for the establishment of and administrative support of regional financial abuse specialist teams as recommended by the elder protective service commission established by §204 of chapter 139 of the acts of 2012.
Massachusetts H.B. 4077 Relates to the prevention of financial exploitation of the elderly; relates to fraud, deception, preventing another person from acquiring information pertinent to the disposition of property, selling property, failing to disclose a lien or promising performance which the offender does not intend to perform; includes intimidation, undue influence and financial exploitation; relates to failure to remit to a facility all Medicaid owed funds; provides for restitution, civil liability and criminal proceedings.
Michigan

S.B. 866

Passed Senate 11/13/14
Amends Chapter 20A (Vulnerable Adults) of the Michigan Penal Code to prohibit and prescribe criminal penalties for various actions against an elder adult or vulnerable adult. The bill defines "elder adult" as a person who is 65 years of age or older. Under Chapter 20A, "vulnerable adult" means an individual who is 18 or older 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. The term includes a person placed in an adult foster care home and a vulnerable person who is 18 or older and is suspected of being or believed to be abused, neglected, or exploited. The bill changes the heading of Chapter 20A to "Vulnerable Adults and Elder Adults". The bill also prohibits a person from obtaining or using, or attempting to obtain or use, an elder adult's money or property through fraud, deceit, misrepresentation, coercion, or unjust enrichment, to directly or indirectly benefit that person, knowing or having reason to know the elder adult was a vulnerable adult.
Michigan

S.B. 867

Passed Senate 11/13/14
Amends the Code of Criminal Procedure to add the felonies proposed by Senate Bill 866 to the sentencing guidelines.
Minnesota

H.F. 2003

S.F. 1878

Adds the crime of financial exploitation of a vulnerable adult to definition of designated offense in forfeiture laws.
Mississippi

S.B. 2451

Died in committee 2/4/14

Authorizes the Mississippi Leadership Council on Aging to establish a senior crimes network system to provide investigative and legal services for vulnerable senior citizens.
Missouri

H.B. 1371

Signed by governor 7/9/14

This bill changes the laws regarding the Missouri Criminal Code. In its main provisions, the bill changes the laws regarding the offense of abuse of an elderly or disabled person, the offense of filing a false elder abuse or neglect report, the offense of failure to report abuse or neglect of a vulnerable person, and the offense of filing a false vulnerable abuse report and changes the laws regarding the offense of financial exploitation of an elderly or disabled person.
Missouri

S.B. 491

Became law without governor’s signature 5/13/14

Under current law, certain people are required to report abuse. This act provides that duly ordained ministers, clergy, religious workers, and Christian Science practitioners functioning in a ministerial capacity are not required to report privileged communications made to such person in his or her professional capacity. This act modifies the elder abuse statute and a provision requiring certain people to report vulnerable abuse to provide that the statutes shall not be construed as meaning an elderly, disabled, or vulnerable person is abused solely because such person chose to rely on spiritual means in lieu of medical care for his or her health care as shown by such person's explicit consent, advance directive for health care, or practice.
Montana no regular 2014 legislative session  
Nebraska none  
Nevada no regular 2014 legislative session  
New Hampshire

H.B. 1555

Signed by governor 6/19/14
This bill establishes the crime of financial exploitation of an elderly, disabled, or impaired adult and imposes a mandatory sentence of imprisonment for a second or subsequent offense of criminal neglect or financial exploitation of such person.
New Jersey

A.B. 736

S.B. 205

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

New Jersey

A.B. 738

S.B. 925

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

New Jersey

A.B. 2461

S.B. 203

Creates offense of financial exploitation of the elderly.

New Jersey A.B. 3948 Requires money transmitters to provide training materials to delegates concerning financial abuse and exploitation of elder adults.
New York

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.
New York

A.B. 591

S.B. 2323

Passed Senate 6/12/14

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.
New York

A.B. 1783

S.B. 5675

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 financial institution who reports suspected financial abuse shall have immunity from any civil or criminal liability as a result.
New York

A.B. 2898

S.B. 373

Passed Senate 6/17/14

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

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.
New York

A.B. 7345

S.B. 6927

Establishes the opt-in program for reporting of suspected financial exploitation.

New York

S.B. 218

Passed Senate 5/14/14

Relates to offenses involving thefts of identity.

New York

S.B. 6221

Passed Senate 6/12/14

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. 6291

Establishes a statewide toll-free elderly abuse hotline.

New York S.B. 6451 Authorizes banks to refuse payment of moneys when there is reason to believe that a vulnerable adult is being financially exploited.
North Carolina none  
North Dakota no regular 2014 legislative session  
N. Mariana Islands not available  
Ohio

H.B. 49

Passed House 2/12/14

Revises the laws governing the provision of adult protective services.

Ohio

S.C.R. 36

Passed Senate 5/28/14

Recognizes World Elder Abuse Awareness Day in Ohio, June 15.

Oklahoma none  
Oregon none  
Pennsylvania H.B. 2014 Amends the act of Nov. 6, 1987 (P.L.381, No.79), known as the Older Adults Protective Services Act, making extensive amendments and adding provisions relating to preliminary provisions, administration, criminal history for employees, reporting suspected abuse by employees and miscellaneous provisions.
Pennsylvania H.B. 2057 Amends the act of Nov. 6, 1987 (P.L.381, No.79), known as the Older Adults Protective Services Act, providing for immunity for financial advisors, for private right of action and for a financial crimes surcharge; establishes the Older Adult Financial Exploitation Trust Fund; and confers powers and imposes duties on the Department of Aging.
Pennsylvania

H.R. 929

Adopted 9/24/14

Directs the Legislative Budget and Finance Committee to conduct a study of the existing network of elder abuse task forces in this commonwealth and to assess the feasibility of expanding the network statewide.
Pennsylvania

H.R. 1014

Adopted 10/7/14

Designates October 2014 as "Senior Bully Awareness Month" in Pennsylvania.

Puerto Rico none  
Rhode Island H.B. 7442 This act requires that persons who provide personal care assistant services to consumers register with the Department of Health and obtain certificates of registration after meeting various criteria.
Rhode Island

H.B. 7868

Withdrawn from further consideration 3/17/14

This act creates a rebuttable presumption that any donative transfers to certain individuals by persons age 60 years of age or older and any dependent persons of any age for whom a conservator, guardian or trustee has been appointed by a probate court of this state are a product of fraud or undue influence. Those individuals are persons who are in a fiduciary, legal, familial and/or caregiver relationship with the elder and/or dependent persons and utilize their relationship to effect a donative transfer by any document or commercial instrument.

Rhode Island H.B. 7938

This act creates a rebuttable presumption that any donative transfers to certain individuals by persons age 60 years of age or older and any dependent persons of any age for whom a conservator, guardian or trustee has been appointed by a probate court of this state are a product of fraud or undue influence. Those individuals are persons who are in a fiduciary, legal, familial and/or caregiver relationship with the elder and/or dependent persons and utilize their relationship to effect a donative transfer by any document or commercial instrument.

Rhode Island S.B. 2665 This act requires that persons who provide personal care assistant services to consumers register with the Department of Health and obtain certificates of registration after meeting various criteria.
Rhode Island

S.B. 2884

Signed by governor 7/8/14, Chapter 491

This bill creates a rebuttable presumption that any donative transfers to certain individuals by persons age 60 years of age or older and any dependent persons of any age for whom a conservator, guardian or trustee has been appointed by a probate court of this state are a product of fraud or undue influence. Those individuals are persons who are in a fiduciary, legal, familial and/or caregiver relationship with the elder and/or dependent persons and utilize their relationship to effect a donative transfer by any document or commercial instrument.

South Carolina

S.B. 764

Signed by governor 5/16/14, Act 162

Adds Article 2, Chapter 35, Title 43 so as to create the vulnerable adult guardian ad litem program within the Office on Aging to recruit, train, and supervise volunteers to serve as court appointed guardians ad litem for vulnerable adults in abuse, neglect, and exploitation proceedings; provides the duties and responsibilities of a guardian ad litem; provides that a guardian ad litem may be a layperson or an attorney; provides qualifications to become a guardian ad litem; authorizes the vulnerable adult guardian ad litem program to intervene in proceedings to petition for removal of a guardian ad litem under certain conditions; provides that certain information, reports, and records must be made available to guardians ad litem by certain state and federal agencies, medical and dental practitioners, and financial institutions; provides that reports and information collected and maintained by the program are confidential and provides for civil immunity when acting in good faith and in the absence of gross negligence; and amends §43-35-45, relating, among other things, to the appointment of an attorney and a guardian ad litem for a vulnerable adult in a proceeding, so as to further provide that the court shall appoint an attorney for a lay guardian ad litem and that the guardian ad litem may be removed if the vulnerable adult has the capacity to assist in the case.

South Dakota none  
Tennessee

H.B. 1768

S.B. 1852

Signed by governor 5/19/14, Public Chapter 961

Elevates from a Class E felony to a Class D felony the penalty for knowingly abusing, neglecting or exploiting an adult who is unable to manage his or her resources or carry out the activities of daily living due to mental or physical dysfunctions or advanced age; requires certain notifications; establishes elder abuse task force.
Tennessee

H.J.R. 645

Passed House 3/17/14

Urges Congress to support efforts to bring low-cost loans to military service members.

Texas no regular 2014 legislative session  
Utah

H.B. 267

Signed by governor 331/14, Chapter 245

This bill clarifies and modifies the powers and duties of Adult Protective Services; and makes the vulnerable adult database and the adult protection case file available to city attorneys.
Vermont none  
Virginia H.B. 627

Provides that a person is guilty of a Class 1 misdemeanor if he sells or offers for sale any product or service to a person who he knows or should know suffers from an incapacity with the intent to (i) defraud, mislead, or deceive the incapacitated person as to the nature, quality, or identity of the product or service sold or offered for sale or (ii) coerce, intimidate, or harass the incapacitated person into purchasing the product or service. The bill defines the term "incapacity."

Virgin Islands not available  
Washington

H.B. 2633

S.B. 6420

Indefinitely postponed 2/25/14

Revises the definition of "vulnerable adult," for purposes of chapter 74.34 RCW (abuse of vulnerable adults), to include a person who the Department of Social and Health Services reasonably believes has a developmental disability.

Washington

S.B. 6095

Signed by governor 3/27/14, Chapter 88

Provides that any person whose criminal history would otherwise disqualify the person under this section from a position which will or may have unsupervised access to children, vulnerable adults, or persons with mental illness or developmental disabilities shall not be disqualified if the Department of Social and Health Services reviewed the person's otherwise disqualifying criminal history through the Department of Social and Health Services' background assessment review team process conducted in 2002 and determined that such person could remain in a position covered by this section, or if the otherwise disqualifying conviction or disposition has been the subject of a pardon, annulment, or other equivalent procedure.
West Virginia

H.B. 3108

Signed by governor 3/28/14, Act 78

Prohibits employment by a nursing home of a person convicted of certain crimes, including felony or misdemeanor involving financial exploitation of a minor or elderly person, unless a variance has been granted by the secretary; and authorizes the Secretary of the Department of Health and Human Resources to propose legislative rules.
West Virginia

S.B. 397

Signed by governor 3/18/14, Act 33

Clarifies definition of “financial exploitation” of the elderly or certain other protected persons; and declares that being a guardian, conservator, trustee or attorney or holding power of attorney is statutorily alone not a defense to financial exploitation.

Wisconsin none  
Wyoming

S.F. 37

Withdrawn from further consideration 2/11/14

Modifies penalties for certain misdemeanor offenses; provides for classes for certain misdemeanors, including abuse, neglect, abandonment, intimidation or exploitation of a vulnerable adult.

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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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