Financial Crimes Against the Elderly 2017 Legislation

Heather Morton 11/17/2017

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.

Thirty-nine states and the District of Columbia states addressed financial exploitation of the elderly and vulnerable adults in the 2017 legislative session. Twenty-four states enacted legislation or adopted resolutions.

Stealing Money from Older Man's PocketAlabama established the Elder Abuse Protection Order and Enforcement Act. California included a substance use disorder counselor as a mandated reporter. Further, California authorized a mandated reporter of suspected financial abuse of an elder or dependent adult to not honor a power of attorney as to an attorney-in-fact about whom he or she made a report to an adult protective services agency or a local law enforcement agency of any state that the natural person who executed the power of attorney may be an elder or dependent adult subject to financial abuse by that attorney-in-fact. Nevada revised provisions governing the additional penalty that must be imposed for certain crimes of criminal violations of law committed against an older person or a vulnerable person and established the Wards’ Bill of Rights.

Oregon authorized financial institutions to refuse certain financial transactions when the financial institution reasonably believes financial exploitation of vulnerable person may have occurred, may have been attempted or is being attempted. Rhode Island criminalized residential mortgage fraud and extended the statute of limitations for certain offenses regarding financial and banking fraud. Tennessee Elderly and Vulnerable Adult Protection Act and the Elderly and Vulnerable Adult Financial Exploitation Prevention Act. Texas amended the Code of Criminal Procedure to extend the statute of limitations for the offense of exploitation of a child, elderly individual, or disabled individual.

Utah established the means and criteria for Adult Protective Services to obtain court authority to provide emergency protective services to a vulnerable adult in an emergency. Vermont updated the Long-Term Care Ombudsman statutes to conform to the federal Older Americans Act and related federal regulations. It also created a new private right of action for a vulnerable adult who has been the victim of financial exploitation. Further, Vermont required life insurers to notify a designated “secondary addressee” before terminating the policy of an elderly Vermonter.

Virginia broadened the definition of "adult exploitation" for the purposes of social services laws to include the unauthorized, improper, or fraudulent use of an adult 60 years of age or older, or 18 years of age or older who is incapacitated, or his funds, property, benefits, or other assets for the benefit of another, including a caregiver or person serving in a fiduciary capacity, or that deprives the adult of his rightful use of or access to such funds, property, benefits, or other assets. Washington prohibited 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. West Virginia barred a person who has been convicted of an offense of abuse or neglect of an incapacitated adult, or a felony offense of financial exploitation of an elderly person, protected person or an incapacitated adult from taking or acquiring real or personal property by survivorship when the victim of the criminal offense if the joint holder of the title to the property and provides exceptions therefor.

Delaware and Illinois recognized June 15, 2017, as “Delaware Elder Abuse Awareness Day” and encourages all of Delaware’s citizens to learn about how to protect and nurture our elderly citizens. California and Michigan proclaimed and acknowledged the month of June 2017 as Elder and Vulnerable Adult Abuse Awareness Month. Illinois adopted a resolution urging the Illinois Department of Public Health and the Illinois Department of Aging to work together to produce educational materials for elderly citizens of Illinois explaining their rights, the warning signs of financial exploitation, and appropriate reporting methods. 

Arkansas, Colorado, Indiana, Maryland, Mississippi, Montana, New Mexico, North Dakota, Oregon, Tennessee, Texas, Vermont amended the state securities laws to provide protections for vulnerable adults from financial exploitation. 

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Financial Crimes Against the Elderly 2017 Legislation
State: Bill Number: Bill Summary:
Alabama

H.B. 304

Substituted by S.B. 274 5/4/17

This bill establishes the Elder Abuse Protection Order and Enforcement Act. This bill provides for the issuance of elder abuse protection orders to provide greater protection and assistance to victims of elder abuse. This bill defines elder abuse and other terms. This bill authorizes certain individuals in addition to the victim to petition for an elder abuse protection order. This bill provides penalties for violating an elder abuse protection order.

Alabama

H.J.R. 111

Passed House 3/7/17

Urges Congress to strengthen federal laws and prosecutions relating to unsolicited telephone calls.

Alabama

S.B. 274

Signed by governor 5/16/17, Act 284

Relates to elder abuse; amends §15-10-3, Code of Alabama 1975; to establish the Elder Abuse Protection Order and Enforcement Act; provides for the issuance of elder abuse protection orders; defines terms; authorizes certain individuals in addition to the victim to petition for an elder abuse protection order; provides penalties for violating an elder abuse protection order.

Alaska

H.B. 170

Passed House 4/17/17

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.
Arizona None  
Arkansas

H.B. 1800

Signed by governor 3/27/17, Act 668

Amends various state securities laws; regulates securities transactions; provides protections for vulnerable adults from financial exploitation.
California A.B. 329

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

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. 575

Signed by governor 10/2/17, Chapter 407

Under existing law, any person who has assumed full or intermittent responsibility for the care or custody of an elder or dependent adult, is a mandated reporter. Under existing law, any mandated reporter who has observed or has knowledge of an incident that reasonably appears to be physical abuse, abandonment, abduction, isolation, financial abuse, or neglect, or is told by an elder or dependent adult that he or she has experienced these behaviors, is required to report the abuse immediately or as soon as practicably possible. The failure to report on the part of a mandated reporter is a crime. Under existing law, mandated reporters include administrators, supervisors, and any licensed staff of a public or private facility that provides care or services for elder or dependent adults, or any elder or dependent adult care custodian, health practitioner, clergy member, or employee of a county adult protective services agency or a local law enforcement agency. This bill, for purposes of the above-mandated reporter law, includes within the definition of “health practitioner” a substance use disorder counselor, as defined, thereby making a substance use disorder counselor a mandated reporter.

California

A.B. 611

Signed by governor 10/2/17, Chapter 408

Existing law requires a mandated reporter of suspected financial abuse of an elder or dependent adult, as defined, to report financial abuse in a specified manner. Existing law provides for the creation and effect of powers of attorney. This bill authorizes a mandated reporter of suspected financial abuse of an elder or dependent adult to not honor a power of attorney as to an attorney-in-fact about whom he or she made a report to an adult protective services agency or a local law enforcement agency of any state that the natural person who executed the power of attorney may be an elder or dependent adult subject to financial abuse by that attorney-in-fact.

California

A.C.R. 98

Adopted 7/21/17, Chapter 115

This measure proclaims and acknowledges the month of June 2017 as Elder and Vulnerable Adult Abuse Awareness Month.

Colorado

H.B. 1253

Signed by governor 6/2/17, Chapter 289

The bill requires that if certain licensed securities professionals (qualified individuals), while acting within the scope of their employment, reasonably suspect that an elderly or at-risk person is the subject of financial exploitation, the broker-dealer or investment adviser shall report the suspected financial exploitation to the commissioner of securities (commissioner). The commissioner is required to forward the report to local law enforcement and to the county department of human or social services. The commissioner has access to records to conduct an investigation, but the records are not subject to an open records request. The bill also authorizes the qualified individual to notify any third party designated by or associated with the elderly or at-risk person of any suspected financial exploitation. It also authorizes the broker-dealer or investment adviser to delay disbursement of a transaction that might result in financial exploitation. The bill provides immunity to qualified individuals, broker-dealers, and investment advisers making reports, disclosures, or delaying disbursements under the bill. For qualified individuals who are also required to report mistreatment of an elderly or at-risk person pursuant to the 'Colorado Criminal Code' (code), the bill clarifies that, if the individual makes a report pursuant to the code, the individual does not have to submit a report with the commissioner, and that filing a report with the commissioner does not satisfy the individual's obligation pursuant to the code.

Connecticut

H.B. 7029

Failed Joint Favorable deadline 3/9/17

Provides that if a financial institution or any of its employees has reasonable cause to believe that a transaction or disbursement involving an account of an elderly person may involve, facilitate, result in or contribute to the financial exploitation of such elderly person, such financial institution and employees may delay or refuse to execute such transaction or disbursement. Such financial institution and employees shall be immune from any civil, criminal or administrative liability that might otherwise exist for delaying or refusing to execute such transaction or disbursement, or for not delaying or refusing to execute such transaction or disbursement.

Delaware H.B. 103 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. 162

This bill mandates reporting to the director of Investor Protection by a broker-dealer or investment adviser that has a reasonable belief that financial exploitation of an eligible adult has occurred or been attempted. It also enables broker-dealers and investment advisers to delay disbursement from an account of an eligible adult where financial exploitation is suspected. This also includes definitions of “eligible adult,” “financial exploitation” and “qualified individual” to be inserted into the Securities Act.

Delaware

H.C.R. 36

Adopted 6/15/17

Recognizes June 15, 2017, 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.

Florida None  
Georgia None  
Guam Not available  
Hawaii

H.B. 432

S.B. 539

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

Idaho None  
Illinois H.B. 1540

Amends the Code of Civil Procedure. Makes a technical change in a section concerning the admissibility of out of court statements concerning elder abuse, neglect, or financial exploitation made by elderly adults.

Illinois H.B. 1731

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.

Illnois H.B. 3799

Amends the Illinois Banking Act, the Savings Bank Act, and the Illinois Credit Union Act. Allows certain financial institutions to refuse a transaction if an employee or officer has fulfilled certain training requirements under the Adult Protective Services Act and reasonably believes that an act of financial exploitation of an eligible adult has occurred or may occur. Provides that neither the financial institution nor its employees or officers shall be liable for any actions taken in good faith under the provisions.

Illinois

H.R. 25

Adopted 3/7/17

Declares our intent to eradicate financial abuse of the elderly in Illinois. Designates June 15, 2017, as Illinois Elder Abuse Awareness Day in the state of Illinois.

Illinois

H.R. 32

Adopted 3/7/17

Declares the intent to eradicate financial abuse of the elderly in Illinois. Urges the Illinois Department of Public Health and the Illinois Department of Aging to work together to produce educational materials for elderly citizens of Illinois explaining their rights, the warning signs of financial exploitation, and appropriate reporting methods. Urges the 13 Illinois area Agencies on Aging Ombudsperson programs to partner with long-term care facilities in their respective regions to provide appropriate educational information and reporting methods to clients and patients on an annual basis. Urges the Illinois State Bar Association Elder Law Section to work to develop appropriate legal materials for long-term care facilities and state's attorneys that offer information on identifying and prosecuting financial abuse of elderly citizens. Urges the Illinois State Medical Society and the Illinois Nurses Association to provide their respective members with appropriate educational materials to assist with identifying and reporting suspected financial abuse of Illinois' older citizens.

Illinois

S.B. 1409

Passed Senate 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.R. 284

Adopted 5/5/17

Declares our intent to eradicate financial abuse of the elderly in Illinois. Designates June 15, 2017, as Illinois Elder Abuse Awareness Day in the state of Illinois.

Indiana

H.B. 1526

Signed by governor 4/24/17, Public Law 158

Decreases the frequency of meetings of the mortgage lending and fraud prevention task force. Exempts certain offers to sell or sales of the securities of issuers made after June 30, 2017, from provisions in the Indiana Uniform Securities Act (Act) concerning the registration of securities and the filing of specified sales and advertising literature with the securities commissioner. Changes the fee structure under the Act with respect to federal covered securities. Makes other changes in the law concerning the registration of securities and notice filings for federal covered securities. For purposes of the securities law concerning financially endangered adults: (1) changes the term "financially endangered adult" to "financially vulnerable adult"; and (2) provides that an individual associated with an investment adviser (in addition to an individual associated with a broker-dealer) is a "qualified individual" required to report the suspected financial exploitation of a financially vulnerable adult. Adds violations of: (1) the Act; (2) the statute regulating loan brokers; and (3) the Indiana Commodity Code; to the Indiana Code section specifying the statute of limitations for prosecutions of offenses under the statute concerning cemetery perpetual care funds.

Indiana S.B. 234

Increases the penalties for exploitation of a dependent or an endangered adult and financial exploitation of an endangered adult.

Indiana S.B. 345

Permits a financial institution to release certain financial records to a law enforcement agency or adult protective services unit if the financial institution reasonably suspects illegal activity in connection with an endangered adult customer's account, and provides immunity to a financial institution that releases, or does not release, this information. Permits a court to order a person convicted of exploitation of an endangered adult or a dependent to disgorge all or some of any property the person received as the result of the death of the endangered adult or dependent. Removes an individual at least  65 years of age (having no mental illness or intellectual disability) from the definition of "financially endangered adult" for purposes of laws concerning financial exploitation of financially endangered adults. Urges the general assembly to assign the topic of adult protective services to a study committee during the 2017 legislative interim.

Iowa None  
Kansas S.B. 72

Amends current statutes related to adult protective services to reference “vulnerable adult” instead of “adult” and make technical changes. The bill also includes firefighters and emergency medical services personnel in the list of mandated reporters of abuse, neglect, exploitation and fiduciary abuse.

Kentucky H.B. 83

Creates a new section of KRS Chapter 292 to grant civil and administrative immunity to broker-dealers or investment advisers who, with reasonable belief and in good faith, report suspected financial exploitation of eligible adults to the Cabinet for Health and Family Services and the commissioner of the Department of Financial Institutions.

Kentucky H.B. 89

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, 434.850, and 434.851 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 217.181 to raise the threshold levels for a Class C and D felony for theft of a legend drug; amends KRS 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; amends KRS 304.47-020 to raise the threshold level for a fraudulent insurance act from $500 to $1500; amends KRS 365.241 to raise the threshold level for a Class D felony for counterfeit intellectual property from $1,000 to $1,500.

Louisiana None  
Maine L.D. 968

This bill requires the form for opening a joint account at a financial institution to have for each party to the account the question, "Do you intend for the sum remaining upon your death to belong to the surviving party or parties? Yes No." Each party to the joint account must answer the question in writing on the form prior to opening the account.

Maine

L.D. 1465

This bill provides General Fund appropriations for the Department of the Attorney General to establish one Research Assistant position dedicated to the litigation division and one attorney general detective position to assist in cases involving elder financial exploitation.

Maryland

H.B. 1149

Became law without governor’s signature 5/27/17, Chapter 837

S.B. 951

Became law without governor’s signature 5/27/17, Chapter 838

Alters the Maryland Securities Act to regulate federal exempt broker-dealers; establishes the Securities Act Registration Fund to be used to administer and enforce the Act; alters the actions that are unlawful under the Maryland Securities Act; requires specified individuals that believe that a specified adult is the subject of financial exploitation to notify the commissioner within five days of developing a reasonable belief that financial exploitation exists or to provide immediate notification under specified circumstances; etc.

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. 2895

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

Michigan H.B. 4588

Requires financial advisors to report suspected cases of financial abuse of elderly or other vulnerable adults and requires certain record keeping and posting of information.

Michigan H.B. 4589

Requires financial advisors to report suspected cases of financial abuse of elderly or other vulnerable adults.

Michigan H.B. 4885 Amends the Michigan Penal Code to increase both maximum lengths of imprisonment and fines for the various offenses related to attempting to obtain or use a vulnerable adults’ money or property to his or her benefit knowing the vulnerable adult is a vulnerable adult.
Michigan H.B. 4886

Amends the sentencing guidelines in the Code of Criminal Procedure to reclassify the felony offenses and reflect proposed changes in their statutory maximums. This bill is tie-barred to H.B. 4885.

Michigan H.B. 4931

Creates financial exploitation liability act.

Michigan H.B. 4995

Requires Department of Health and Human Services to collect and analyze data on neglect and mistreatment of senior citizens.

Michigan H.B. 5030

Relates to elder adult abuse; requires nursing home administrators to be trained in detecting elder adult abuse and exploitation.

Michigan H.B. 5032

Relates to elder adult abuse; establishes the definition of consent in the crime of embezzlement against vulnerable adults; provides for elder adults as victims.

Michigan

H.B. 132

Adopted 6/20/17

Declares June 2017 as Elder Abuse Awareness Month in the state of Michigan.

Michigan

S.B. 49

Signed by governor 10/26/17, Public Act 136

The bill amends the Estates and Protected Individuals Code to revise a provision prohibiting a court-appointed professional guardian or conservator from receiving a benefit beyond his or her authorized compensation.

Michigan S.B. 345

Requires certain record keeping and posting of information on financial advisors to report suspected cases of financial abuse or elderly or other vulnerable adults.

Michigan S.B. 346

Requires financial advisors to report suspected cases of financial abuse of elderly or other vulnerable adults.

Minnesota

H.F. 879

S.F. 1387

Relates to commerce; requires the implementation of a statewide education and outreach program to protect vulnerable adults, seniors, and caregivers from financial exploitation; appropriates money.

Minnesota

H.F. 1620

Indefinitely postponed 5/12/17

S.F. 1456

Signed by governor 5/30/17, Chapter 94

Relates to state government; appropriates money for jobs and economic development; appropriates money for the various labor and commerce agencies; makes policy and housekeeping changes to labor and industry provisions; makes policy changes to employment, economic development, and workforce development provisions; makes policy changes to the Department of Iron Range Resources and Rehabilitation; makes changes related to workers' compensation; makes changes to commerce, energy, and telecommunications policy.

Minnesota

H.F. 2209

S.F. 1937

Relates to labor and industry; appropriates money for the labor standards and apprenticeship division; appropriates money to educate and combat financial exploitation.

Minnesota S.F. 919

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

Mississippi

H.B. 386

Died in committee 1/31/17

Amends §§43-21-353 and 43-47-7 to require persons who make reports to 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. 593

Died in committee 1/31/17

Amends §§43-21-353 and 43-47-7 to require persons who make reports to 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. 594

Died in committee 1/31/17

Amends §§43-21-353 and 43-47-7 to require persons who make reports to 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. 753

Passed House 2/14/17

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 and 43-47-15, which provide for the protective services plans of vulnerable adults who have been abused or exploited; authorizes the Mississippi department of child protective services to request that a criminal justice agency perform a federal name-based criminal history records check of each adult residing in the home during an emergency placement situation when a child must be placed in home care due to the absence of parents or custodians; provides that name-based check results may be provided to the Mississippi criminal information center (MCIC) of the department of public safety, which shall then provide a complete set of each adult resident's fingerprints to the MCIC central repository for the immediate submission to the FBI within 14 calendar days from the date the name search was conducted; provides that the central repository shall either positively identify the fingerprint subject or forward the fingerprints to the FBI within 14 calendar days from the date the name search was conducted.
Mississippi

H.B. 844

Died in committee 1/31/17

Requires persons who make reports to 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. 1003

Died on calendar 2/9/17

Requires broker dealers and investment advisers registered under the securities act who are required to file a report with the Department of Human Services under the vulnerable persons act upon suspicion that a vulnerable person is being exploited to immediately forward a copy of the report to the secretary of state.

Mississippi

S.B. 2911

Signed by governor 3/27/17, Chapter 392

Relates to the State Securities Act; provides additional post registration requirements for certain broker dealers and investment advisers to prevent the exploitation of vulnerable persons.

Mississippi

S.C.R. 561

Died in committee 1/31/17

Proposes an amendment to §124, State Constitution of 1890; provides that the governor cannot grant pardons for certain violent crimes; requires publication of notice before the governor pardons certain other felony crimes.

Missouri None  
Montana

H.B. 24

Signed by governor 3/22/17, Chapter 84

Provides protections to vulnerable persons from financial exploitation; provides for reporting of financial exploitation by investment advisor and other qualified individuals; allows for the delay of disbursement; provides immunity for third party disclosure; requires the provision of records to law enforcement and the Department of Public Health and Human Services.

Montana

H.B. 139

Missed deadline for revenue bill transmittal 3/31/17

Revises adult protective services; relates to crimes; relates to persons with developmental disabilities; relates to state revenue; relates to senior citizens; relates to social services.

Nebraska None  
Nevada

A.B. 288

Signed by governor 6/6/17, Chapter 422

Relates to the protection of certain persons; revises provisions governing the additional penalty that must be imposed for certain crimes of criminal violations of law committed against an older person or a vulnerable person; revises provisions relating to immunity from civil or criminal liability for certain acts; increases the maximum term of imprisonment for a person who commits certain acts against an older person or a vulnerable person that result in substantial bodily or mental harm to or the death of the person; revises the penalties for committing certain acts against an older person or a vulnerable person or conspiring to commit certain acts against an older person or a vulnerable person; establishes provisions relating to certain clauses relating to dispute resolution included in contracts used by facilities for long-term care; provides penalties.

Nevada S.B. 278

Creates the Account for Restitution to Certain Older Victims of Crime; revises provisions relating to certain crimes committed against an older person or a vulnerable person; increases the penalty for certain crimes against an older or vulnerable person; authorizes coroners and their deputies to access criminal history records; makes an appropriation.

Nevada

S.B. 360

Signed by governor 6/5/17, Chapter 387

Revises provisions relating to the imposition of an additional penalty upon a person who commits certain crimes or criminal violations of law against an older person or a vulnerable person; revises provisions relating to immunity from civil or criminal liability for certain acts; increases the maximum term of imprisonment for a person who commits certain acts against an older person or a vulnerable person that result in substantial bodily or mental harm to or the death of the person; revises the penalties for the abuse, neglect, exploitation, isolation or abandonment of an older person or a vulnerable person; establishes the Wards’ Bill of Rights; requires each court having jurisdiction of the persons and estates of minors, incompetent persons or persons of limited capacity to perform certain actions to ensure the Wards’ Bill of Rights is available to the public; establishes provisions relating to certain arbitration clauses included in contracts used by facilities for long-term care; provides penalties.

New Hampshire None  
New Jersey A.B. 309

Creates offense of financial exploitation of the elderly.

New Jersey A.B. 590

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. 988

S.B. 268

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

New Jersey

A.B. 990

S.B. 906

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

New Jersey

A.R. 154

Adopted 9/15/16

S.R. 62

Urges enactment of the “Repeated Objectionable Bothering of Consumers on Phones Act” (ROBOCOP Act), as many telephone scammers target vulnerable consumers, particularly the elderly.

New Jersey S.B. 266

Creates offense of financial exploitation of the elderly.

New Jersey S.B. 1725

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

New Jersey S.B. 1823

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

New Jersey S.J.R. 121

Designates June 15 of each year as the Elder Abuse Awareness Day.

New Mexico H.B. 146

Relates to protection of vulnerable elders; enacts the protection against financial exploitation of vulnerable elders act; provides for criminal penalties.

New Mexico

H.B. 326

Signed by governor 4/6/17, Chapter 106

Relates to securities; enacts the protecting vulnerable adults from financial exploitation act; relates to government and third party disclosures, and immunity from those disclosures.

New York A.B. 1311

Increases the penalties for larceny and fraudulent accosting when the victim is 65 years of age or older.

New York

A.B. 3008

Substituted 4/5/17

S.B. 2008

Signed by governor 4/20/17, Chapter 58

Provides for budget implementation; relates to motor vehicle transaction fees, certain revenues, divisible load permits, registration, tolls, economic development funds, real estate professionals, waterfront revitalization, utility and cable television assessments, mortgages, spill remediation funds, health insurance continuation, industrial hemp sites, local funding, pesticide registration and other matters.

New York A.B. 3762

Requires financial planners working with the elderly to be certified financial planners.

New York A.B. 3781

Enacts the "elderly abuse protective act" to protect residents 62 years of age or older who suffer abuse or deprivation; requires reports to the commissioner of the office of children and family services of the possible necessity for protective services; specifies action by such commissioner upon receiving such report including evaluation, right of entry, and furnishing of protective services; specifies the authority of the office of children and family services with respect thereto and requires assistance of other agencies in the implementation thereof; provides for judicial and review action against caretakers who abuse elderly; creates statewide central register of elderly abuse; appropriates $600,000 to the office of children and family services.

New York

A.B. 6009

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 6/21/17

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. 6627

Relates to establishing the crime of financial exploitation of a vulnerable elderly person and provides for civil liability for financial exploitation of a vulnerable elderly person.

New York A.B. 7230

Relates to elder abuse protective services; and making an appropriation therefor.

New York A.B. 8167

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

New York

A.B. 8629

S.B. 3654

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

New York

S.B. 509

Passed Senate 6/19/17

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

S.B. 660

Passed Senate 6/13/17

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

New York

S.B. 1093

Passed Senate 3/2/17

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. 2160

Relates to investigating reports of suspected elder abuse or maltreatment.

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. 2442

Relates to reporting of financial exploitation; establishes a financial exploitation, outreach, education and training program and fund.

New York S.B. 2804

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 S.B. 4204

Establishes a statewide toll-free elderly abuse hotline.

North Carolina H.B. 862

Requires the attorney general to operate and maintain a database that can be used to investigate potential financial exploitation of seniors and disabled adults; requires that financial institutions report potential financial exploitation of Older adults to the attorney general.

North Dakota

S.B. 2163

Signed by governor 4/10/17, Chapter 342

Relates to the financial exploitation of vulnerable adults; relates to the definition of financial exploitation; provides for civil remedies.

North Dakota

S.B. 2322

Signed by governor 47/17, Chapter 80

Relates to the financial exploitation of vulnerable adults; requires notification to the Department of Human Services; relates to broker dealer and investment adviser.

North Dakota

S.B. 2335

Signed by governor 4/10/17, Chapter 74

Relates to the definition and endangerment or exploitation of an eligible adult; provides a penalty for violations; relates to a caregiver and undue influence; requires a speedy trial.

N. Mariana Islands Not available  
Ohio S.B. 158

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.

Oklahoma

H.B. 1116

To conference committee 5/1/17

Relates to the Oklahoma Evidence Code; authorizes the admissibility of statements made by vulnerable or incapacitated persons in certain circumstances; requires notice to adverse party; and defines terms.

Oregon H.B. 2622

Authorizes financial institution to refuse certain financial transactions when financial institution reasonably believes financial exploitation of vulnerable person may have occurred, may have been attempted or is being attempted; requires financial institution to provide notice of action or refusal to act to parties authorized to transact business on account of vulnerable person; provides authority of financial institution is in addition to and not in lieu of right of financial institution under deposit.

Oregon

S.B. 95

Signed by governor 6/29/17, Chapter 514

Requires certain securities professionals to report suspected financial exploitation of vulnerable persons to Department of Consumer and Business Services; punishes failure to report by maximum fine; permits certain securities professionals to report suspected financial exploitation to third parties; permits broker dealers and state investment advisers to delay disbursements in order to investigate suspected financial exploitation.

Pennsylvania H.B. 299

Amends Decedents, Estates and Fiduciaries of the Pennsylvania Consolidated Statutes, in powers of attorney; provides for general provisions and for durable powers of attorney.

Pennsylvania H.B. 1339

Amends the act of November 6, 1987 (P.L.381, No.79), known as the Older Adults Protective Services Act, in preliminary provisions; provides for definitions; relates to reporting suspected abuse by employees; provides for financial abuse.

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 None  
Rhode Island H.B. 5677

This bill requires registration and criminal background checks of individuals who provide personal care assistant services.

Rhode Island

H.B. 5695

Signed by governor 7/5/17, Chapter 146

Criminalizes residential mortgage fraud and extend the statute of limitations for certain offenses regarding financial and banking fraud.

Rhode Island S.B. 50

The bill requires registration of those individuals who provide personal care assistant services to a consumer. This act would authorize the department of health to supervise and investigate compliance with such issues as, consumer rights, the registration process, national criminal records checks and training for applicants.

Rhode Island S.B. 586

The bill requires registration and criminal background checks of individuals who provide personal care assistant services.

Rhode island

S.B. 711

Signed by governor 7/19/17, Chapter 244

Provides persons under limited guardianship, guardianship and conservatorship with rights designed to protect them from mental, physical and financial abuse by their guardians and conservators. Applies to limited guardianships, guardianships or conservatorships created before, on, or after the effective date of this act.

South Carolina S.B. 403

Adds §43-35-87 so as to provide for the right of a vulnerable adult, or an authorized representative of a vulnerable adult, to file a civil action for financial exploitation of the vulnerable adult, with exceptions; amends §43-35-10, relating to terms used in the omnibus adult protection act, so as to add definitions for "deception" and "intimidation" and to change the definition of "exploitation".

South Dakota None  
Tennessee

H.B. 304

Substituted 5/4/17

S.B. 1192

Signed by governor 5/18/17, Public Chapter 424

Relates to the regulation of securities; makes various changes to the regulation of securities; grants the commissioner of commerce and insurance authority to restrict certain exemptions, increasing penalties for violations wherein senior citizens and adults with certain mental or physical dysfunctions are victims, and altering filing and renewal requirements.

Tennessee

H.B. 810

Signed by governor 5/25/17, Public Chapter 466

S.B. 1230

Substituted 5/9/17

Enacts the "Elderly and Vulnerable Adult Protection Act."

Tennessee

H.B. 1064

Substituted 4/20/17

S.B. 1267

Signed by governor 5/2/17, Public Chapter 264

Enacts the "Elderly and Vulnerable Adult Financial Exploitation Prevention Act."

Texas

H.B. 916

S.B. 792

Relates to requiring financial institutions to report the suspected financial abuse of elderly persons; provides a civil and criminal penalty.

Texas

H.B. 959

S.B. 791

Relates to the financial abuse of elderly persons, including requiring financial institutions to report suspected financial abuse of elderly persons; provides a civil penalty; creates criminal offenses.

Texas

H.B. 2892

S.B. 1096

Signed by governor 5/29/17, Chapter 313

The bill provides for the creation and administration of a mandatory registration program for guardianships and for the establishment and maintenance of and access to a guardianship database by the Office of Court Administration. The bill requires the Supreme Court of Texas to establish a process by which the Judicial Branch Certification Commission performs criminal history background checks for individuals seeking appointment as a guardian and to require certain training be completed before an individual is appointed as a guardian. The bill sets out the commission's duty to obtain criminal history record information relating to an individual seeking such appointment, provides for the commission's use of such information, and authorizes the commission to impose a fee for obtaining such information.

Texas H.B. 3224

Relates to requiring dealers and investment advisers to report suspected financial abuse of elderly persons; providing a civil penalty; creates a criminal offense.

Texas H.B. 3503

Relates to the financial abuse of elderly persons; creates criminal offenses.

Texas

H.B. 3631

S.B. 667

Vetoed by governor 6/15/17

The bill amends the Government Code to require the Office of Court Administration to establish and maintain a guardianship compliance program designed to provide additional resources and assistance, including guardianship compliance specialists, to courts that have jurisdiction over guardianship proceedings and to provide for a court's participation in that program.

Texas

H.B. 3921

Signed by governor 6/1/17, Chapter 376

S.B. 2067

Amends the Finance Code and the Securities Act, Vernon's Texas Civil Statutes, to impose certain reporting requirements on financial institution employees and on securities professionals or persons serving in a legal capacity for a dealer or investment adviser who have cause to believe that financial exploitation of a vulnerable adult who is an account holder has occurred, is occurring, or has been attempted. The bill provides for temporary holds on transactions in certain cases of suspected financial exploitation of such vulnerable adults.

Texas H.B. 3927

Relating to the financial exploitation of certain elderly persons.

Texas

S.B. 36

Signed by governor 6/12/17, Chapter 715

The bill amends the Estates Code and Government Code to provide for the regulation of guardianship programs exclusive of guardianship provided by a program under contract with the Health and Human Services Commission. The bill requires a guardianship program to register with and hold a certificate issued by the Judicial Branch Certification Commission and requires a person who directly supervises an individual that will provide guardianship services to be appropriately certified. The commission must adopt standards to monitor and ensure the quality of services provided by a guardianship program and the Supreme Court of Texas must adopt rules and procedures for the management of the program registration certificate. The commission must make a publicly accessible updated list of all registered guardianship programs available on its website.

Texas

S.B. 998

Signed by governor 6/1/17, Chapter 392

Amends the Code of Criminal Procedure to extend the statute of limitations for the offense of exploitation of a child, elderly individual, or disabled individual.

Utah

H.B. 129

Signed by governor 3/21/17, Chapter 176

This bill establishes the means and criteria for Adult Protective Services to obtain court authority to provide emergency protective services to a vulnerable adult in an emergency. This bill: defines "emergency protective services"; requires Adult Protective Services to provide emergency protective services, subject to court order; allows the Division of Occupational and Professional Licensing access to the Adult Protective Services database; clarifies that protective services are provided only on a voluntary basis and emergency protective services are provided under court order; clarifies the venue for court proceedings for protective services and emergency protective services; establishes requirements and the process for a court to order emergency protective services; sets time limits for emergency protective services; allows a court to authorize forcible entry by a peace officer into the premises where the vulnerable adult may be found; repeals authority and procedures for court-ordered involuntary protective services; and makes technical changes.

Vermont

H.B. 265

Signed by governor 5/4/17, Act 23

This act updates the Long-Term Care Ombudsman statutes to conform to the federal Older Americans Act and related federal regulations. It also creates a new private right of action for a vulnerable adult who has been the victim of financial exploitation.

Vermont H.B. 283

Relates to protecting against financial exploitation of vulnerable adults.

Vermont

H.B. 56

Signed by governor 6/15/17, Act 80

This act pertains to insurance, including workers’ compensation, and securities. Among other things, it requires life insurers to notify a designated “secondary addressee” before terminating the policy of an elderly Vermonter; it provides for enhanced penalties for insurance and securities violations that involve vulnerable adults; it removes the monetary cap for multiple violations of securities law; it removes Vermont’s exemption from the federal Philanthropy Protection Act of 1995; it provides Sate liability protection for medical examiners working under the supervision of the Commissioner of Health; it requires the Department of Financial Regulation to conduct various studies related to workers’ compensation insurance; and it provides for mental health parity in workers’ compensation insurance.

Virginia

H.B. 1945

Signed by governor 2/23/17, Chapter 195

Broadens the definition of "adult exploitation" for the purposes of social services laws to include the unauthorized, improper, or fraudulent use of an adult 60 years of age or older, or 18 years of age or older who is incapacitated, or his funds, property, benefits, or other assets for the benefit of another, including a caregiver or person serving in a fiduciary capacity, or that deprives the adult of his rightful use of or access to such funds, property, benefits, or other assets. The bill provides that "adult exploitation" includes (i) an intentional breach of a fiduciary obligation to an adult to his detriment or an intentional failure to use the financial resources of an adult in a manner that results in neglect of such adult; (ii) the acquisition, possession, or control of an adult's financial resources or property through the use of undue influence, coercion, or duress; and (iii) forcing or coercing an adult to pay for goods or services or perform services against his will for another's profit, benefit, or advantage if the adult did not agree, or was tricked, misled, or defrauded into agreeing, to pay for such goods or services or to perform such services. In addition, the requirement that such adult 60 years of age or older be incapacitated is removed from the definition, and the bill amends the definitions of "adult abuse," "adult neglect," and "adult protective services" to apply to adults 60 years of age or older, or 18 years of age or older who are incapacitated. The bill also broadens the definition of "financial institution staff" for the purposes of protecting aged or incapacitated adults to include any employee, agent, qualified individual, or representative of a bank, trust company, savings institution, loan association, consumer finance company, credit union, investment company, investment advisor, securities firm, accounting firm, or insurance company.

Virgin Islands Not available  
Washington

H.B. 1153

Signed by governor 5/10/17, Chapter 266

S.B. 5099

Concerns crimes against vulnerable persons; provides that people with disabilities face a growing threat of financial exploitation and physical neglect; encourages each county to develop a written protocol for handling criminal cases involving vulnerable adults; includes theft; increases penalties.

Washington

H.B. 1354

S.B. 5406

Requires the department of social and health services, in the case of a report of abandonment, abuse, financial exploitation, or neglect in an adult family home or assisted living facility, to designate the unit responsible for conducting inspections as the entity to initiate the first response to a report on behalf of the department.

Washington

H.B. 1402

Signed by governor 5/10/17, Chapter 268

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 business days, after the incapacitated person: (1) Makes a change in residence; (2) Has been admitted to a medical facility for acute care; (3) Has been treated in an emergency room setting or kept for hospital observation; or (4) 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. Provides that this act is null and void if appropriations are not approved.

Washington S.B. 5349

Requires the department of social and health services to establish elder justice center demonstration programs to be operated in counties with a population of between 400,000 and 500,000.

Washington S.B. 5577 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.
Washington S.B. 5685

Prohibits a guardian or professional guardian from restricting contact between an incapacitated person and any other person except when necessary to protect the incapacitated person from substantial harm. Requires a guardian or professional guardian to obtain a court order before imposing restrictions, unless an emergency exists, and then he or she must obtain a court order as soon as practical after imposing the restrictions. Requires the certified professional guardianship board to adopt state standards of practice for certified professional guardians to include written protocols to assist in determining when restrictions are needed to prevent substantial harm.

Washington S.B. 5687

Makes the following available for copying and disclosure under the public records act: Training curriculum and materials for a certified professional guardianship course or program of a public agency.

Washington

S.B. 5691

Signed by governor 5/10/17, Chapter 271

Requires the court to modify or terminate a guardianship when a less restrictive alternative, such as a power of attorney or a trust, will adequately provide for the needs of the incapacitated person.

Washington S.B. 5904 Modifies provisions with regard to: Crimes against vulnerable persons; seriousness level of crimes; driving under the influence; community custody--concurrent; community custody--motor vehicle offense pilot; community custody--good time; community custody--jail offenders; habitual property offenders; identicards for persons released from department of corrections; driving while license suspended; drug grid changes; first-time offender waiver; domestic violence; and vacation of a record of domestic violence. Creates the crimes of theft from a vulnerable adult in the first degree and second degree. Creates the vulnerable adult advocacy team to coordinate a multidisciplinary process, in compliance with this act, for preventing, identifying, investigating, prosecuting, and providing services related to abuse, neglect, or financial exploitation of vulnerable adults.
West Virginia

H.B. 2404

Signed by governor 4/20/17, Chapter 90

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; bars a person who has been convicted of an offense causing the death of an incapacitated adult as a principal, aider and abettor, or accessory before the fact from taking or acquiring real or personal property by survivorship when the joint tenant is a victim of the criminal offense; bars a person who has been convicted of an offense of abuse or neglect of an incapacitated adult, or a felony offense of financial exploitation of an elderly person, protected person or an incapacitated adult from taking or acquiring real or personal property by survivorship when the victim of the criminal offense if the joint holder of the title to the property and provides exceptions therefor; bars a person who has been convicted of an offense causing the death of an incapacitated adult taking or acquiring money, property, or any interest therein by descent and distribution, will, or any policy or certificate of insurance; and bars a person who has been convicted of an offense of abuse or neglect of an incapacitated adult, or a felony offense of financial exploitation of an elderly person, protected person or an incapacitated 16 adult from taking or acquiring money, property, or any interest therein by descent and distribution, will, or any policy or certificate of insurance and providing exceptions therefor.
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.

Wisconsin A.B. 51

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. 60 

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.

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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