This substitute creates the crime of financial exploitation of the elderly or disabled. The crime is committed when a person who stands in a position of trust and confidence with an elderly or disabled person knowingly uses deception or deceit to take control over that person's property with the intent to permanently deprive him or her of it. The substitute creates an exception for those who make a good faith effort to assist elderly and disabled persons in the management of their property, but are unable to do so. The substitute also states that the reasonable belief that the person was neither elderly nor disabled is not a defense. No impact on state funds.
Supporters say that financial exploitation of the elderly is a pervasive problem.
Establishing this crime will deter those who deceive the elderly and disabled and deprive them of their property. There was no opposition voiced to the committee. This bill creates the crime of financial exploitation of the elderly or disabled. The crime is committed when a person who stands in a position of trust and confidence with an elderly or disabled person knowingly uses deception or deceit to take control over that person's property with the intent to permanently deprive them of it. The bill creates an exception for those who make a good faith effort to assist elderly and disabled persons in the management of their property, but are unable to do so.