Bill > H1366

This bill aims to prevent the financial exploitation of elderly individuals, defined as people aged 60 or older, by establishing new legal definitions and penalties. It defines "deception" broadly to include misrepresentations, false promises, and withholding pertinent information related to contracts or property. "Intimidation" is defined as threats of harm or deprivation of essential needs like food, shelter, or medical care. "Undue influence" refers to exploiting an elderly person's vulnerability through improper use of authority, such as a power of attorney. The bill outlines penalties for financial exploitation, with increased severity for repeat offenders. It also allows prosecutors to petition the court to freeze a defendant's assets up to the value of the alleged stolen property to ensure restitution for the victim, requiring proof by a preponderance of the evidence. The bill specifies that financial exploitation occurs when someone knowingly obtains control of an elderly person's property through deception, intimidation, undue influence, or force with the intent to permanently deprive them of it, or when someone obtains or uses an elderly or disabled person's assets with the intent to deprive them, especially if the person lacks the capacity to consent. It also addresses breaches of fiduciary duty by guardians or agents that result in unauthorized property transfers. Importantly, the bill clarifies that it does not limit domestic violence remedies, excuse good-faith but unsuccessful assistance efforts, or prohibit legitimate estate planning that doesn't negatively impact the elderly person's accustomed standard of living. It also states that a defendant cannot claim they reasonably believed the victim was not elderly as a defense. Furthermore, it makes it unlawful for individuals in possession of funds for Medicaid-eligible residents in licensed facilities to intentionally withhold money owed to the resident, with provisions for restitution and compensation for prosecution costs, and allows for substance abuse treatment as part of sentencing for first offenses if addiction is a factor. Finally, it establishes civil liability, allowing victims to sue for treble damages, attorney fees, and court costs if property is not returned within 60 days of a written demand.