Civil Financial Exploitation 10 G.C.A. § 21002. (2022)
| Title 10. Health and Safety. Division 1. Public Health Chapter 2. Division of Public Welfare. Article 10. Adult Protective Services § 21002. Definitions. (l) Financial or Property Exploitation means illegal or improper use of an elderly or adult with a disability's money, property, or other resources for monetary or personal benefit, profit or gain. This includes, but is not limited to, theft, misappropriation, concealment, misuse or fraudulent deprivation of money or property belonging to the elderly or adult with a disability.
(b) Adult with a Disability is any person eighteen (18) years or older who: (1) has a physical or mental impairment which substantially limits one (1) or more major life activities; or (2) has a history of, or has been classified as having, an impairment which substantially limits one (1) or more major life activities.
(h) Elderly refers to a person age sixty (60) years or older. |
Civil Financial Exploitation 22 M.R.S. § 3472 (2022)
| TITLE 22. HEALTH AND WELFARE SUBTITLE 3. INCOME SUPPLEMENTATION PART 2. AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS CHAPTER 958-A. ADULT PROTECTIVE SERVICES ACT SUBCHAPTER 1. GENERAL PROVISIONS § 3472. Definitions 9. Exploitation. “Exploitation” means the illegal or improper use of an incapacitated or dependent adult or that adult's resources for another's profit or advantage.
2. Adult. “Adult” means any person who has attained 18 years of age or who is a legally emancipated minor.
6. Dependent adult. “Dependent adult” means an adult who has a physical or mental condition that substantially impairs the adult's ability to adequately provide for that adult's daily needs. “Dependent adult” includes, but is not limited to, any of the following: A. A resident of a nursing home licensed or required to be licensed under section 1817; B. A resident of a facility providing assisted living services licensed or required to be licensed pursuant to section 7801; C. A person considered a dependent person under Title 17–A, section 555; or D. A person, regardless of where that person resides, who is wholly or partially dependent upon one or more other persons for care or support, either emotional or physical, because the person suffers from a significant limitation in mobility, vision, hearing or emotional or mental functioning. 10. Incapacitated adult. “Incapacitated adult” means an adult who is unable to receive and evaluate information or make or communicate informed decisions to such an extent that the adult lacks the ability to meet essential requirements for physical health, safety or self-care, even with reasonably available appropriate technological assistance. |
Civil Financial Exploitation 31 Del. C. § 3902(12) & (24) (2022)
| TITLE 31. WELFARE PART II. WELFARE AGENCIES CHAPTER 39. ADULT PROTECTIVE SERVICES § 3902. Definitions. As used in this chapter: (11) “Exploitation” means an act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior, or causing the vulnerable adult to perform services for the benefit of another. (12) “Financial exploitation” means the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of the elderly person or the vulnerable adult by any person or entity for any person's or entity's profit or advantage other than for the elder person or the vulnerable adult's profit or advantage. “Financial exploitation” includes, but is not limited to: a. The use of deception, intimidation, or undue influence by a person or entity in a position of trust and confidence with an elderly person or a vulnerable adult to obtain or use the property, income, resources, or trust funds of the elderly person or the vulnerable adult for the benefit of a person or entity other than the elderly person or the vulnerable adult; b. The breach of a fiduciary duty, including, but not limited to, the misuse of a power of attorney, trust, or a guardianship appointment, that results in the unauthorized appropriation, sale, or transfer of the property, income, resources, or trust funds of the elderly person or the vulnerable adult for the benefit of a person or entity other than the elderly person or the vulnerable adult; and c. Obtaining or using an elderly person or a vulnerable adult's property, income, resources, or trust funds without lawful authority, by a person or entity who knows or clearly should know that the elderly person or the vulnerable adult lacks the capacity to consent to the release or use of his or her property, income, resources, or trust funds.'' Civil Financial Exploitation Cal Wel & Inst Code § 15610.30 & § 15610.23 (2022) | WELFARE AND INSTITUTIONS CODE Division 9. Public Social Services Part 3. Aid and Medical Assistance Chapter 11. Elder Abuse and Dependent Adult Civil Protection Act Article 2. Definitions § 15610.30. Financial abuse (a) “Financial abuse” of an elder or dependent adult occurs when a person or entity does any of the following: (1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both. (2) Assists in 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. (3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 15610.70. (b) A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains, or retains the property and the person or entity knew or should have known that this conduct is likely to be harmful to the elder or dependent adult. (c) For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependent adult is deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult. (d) For purposes of this section, “representative” means a person or entity that is either of the following: (1) A conservator, trustee, or other representative of the estate of an elder or dependent adult. (2) An attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney. |
|