Bill

Bill > A03328


NY A03328

Prohibits an individual convicted of a crime involving elder abuse from inheriting from the elder's estate as a distributee.


summary

Introduced
01/27/2025
In Committee
01/27/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the estates, powers and trusts law, in relation to prohibiting an individual convicted of a crime involving elder abuse from inheriting from the elder's estate as a distributee

AI Summary

This bill amends the estates, powers and trusts law to prevent a caregiver convicted of elder abuse from inheriting from the vulnerable elderly person's estate. The bill provides detailed definitions for key terms, including "vulnerable elderly person" (someone 60 or older with significant physical, mental, or emotional dysfunction), "caregiver" (someone responsible for care voluntarily or for compensation), and "elder abuse" (which encompasses physical, sexual, emotional abuse, neglect, and financial exploitation). Specifically, the law disqualifies a caregiver from receiving any distributive share of the estate if they are convicted of a crime involving elder abuse. The definitions are comprehensive, breaking down various types of abuse and neglect, such as physical abuse (non-accidental force causing injury), sexual abuse (non-consensual sexual contact), emotional abuse (mental anguish through threats or humiliation), active neglect (willful failure to provide care), passive neglect (unintentional care failure), and financial exploitation (improper use of an adult's resources). The bill will take effect 180 days after becoming law, providing time for implementation and awareness.

Committee Categories

Justice

Sponsors (1)

Last Action

referred to judiciary (on 01/27/2025)

bill text


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