2023 Maryland Statutes › Estates and Trusts › Title 13 - Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults › Subtitle 6 - Financial Exploitation of Susceptible Adults and Older Adults › Section 13-601 - Definitions

(a)    In this subtitle the following words have the meanings indicated.
(b)    “Activities of daily living” means basic activities of daily living and instrumental activities of daily living.
(c)    “Basic activities of daily living” means the routine activities that people do every day without assistance that include:
(1)    Eating;
(2)    Bathing;
(3)    Dressing;
(4)    Toileting;
(5)    Mobility; and
(6)    Continence.
(d)    “Deception” means a misrepresentation or concealment of a material fact relating to services rendered, disposition of property, or the use of property intended to benefit a susceptible adult or older adult.
(e)    (1)    “Financial exploitation” means an act taken by a person who:
(i)    Stands in a position of trust and confidence with a susceptible adult or older adult and who knowingly obtains or uses, or endeavors to obtain or use, a susceptible adult’s or older adult’s funds, assets, or property with the intent to temporarily or permanently deprive the susceptible adult or older adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the susceptible adult or older adult, in such a manner that is not fair and reasonable;
(ii)    By deception, false pretenses, false promises, larceny, embezzlement, misapplication, conversion, intimidation, coercion, isolation, excessive persuasion, or similar actions and tactics, obtains or uses, or endeavors to obtain or use, a susceptible adult’s or older adult’s funds, assets, or property with the intent to temporarily or permanently deprive the susceptible adult or older adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the susceptible adult or older adult; or
(iii)    Knows or should know that a susceptible adult or older adult lacks capacity to consent and who obtains or uses, or endeavors to obtain or use, the susceptible adult’s or older adult’s funds, assets, or property with the intent to temporarily or permanently deprive the susceptible adult or older adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the susceptible adult or older adult.
(2)    “Financial exploitation” includes:
(i)    Breach of a fiduciary relationship resulting in the unauthorized appropriation, sale, or transfer of property;
(ii)    Unauthorized taking of personal assets;
(iii)    Misappropriation, misuse, or transfer of assets belonging to a susceptible adult or older adult from a personal or joint account; and
(iv)    Intentional failure to effectively use a susceptible adult’s or older adult’s income and assets for the necessities required for the susceptible adult’s or older adult’s support and maintenance.
(3)    “Financial exploitation” does not include an individual’s good–faith use of a susceptible adult’s or older adult’s assets, including for the purposes of establishing and implementing an estate plan intended to reduce taxes or to maximize eligibility for public benefits in order to preserve assets for an identified or identifiable person.
(f)    “Instrumental activities of daily living” means the skills and abilities needed to perform day–to–day tasks associated with an independent lifestyle, including:
(1)    Using the telephone;
(2)    Doing laundry and dressing;
(3)    Shopping and running errands;
(4)    Securing transportation;
(5)    Preparing meals;
(6)    Managing medications;
(7)    Housekeeping; and
(8)    Managing finances.
(g)    “Intimidation” means a communication, by word or act, that a susceptible adult or older adult will suffer physical violence or emotional injury or will be deprived of food, nutrition, clothing, shelter, supervision, medicine, medical services, money, social interaction, or emotional or financial support.
(h)    “Obtains or uses” means any manner of taking or exercising control over property or making any use, disposition, or transfer of property.
(i)    “Older adult” means an individual who is at least 68 years old.
(j)    “Position of trust and confidence” means a relationship, whether formed by a formal or informal agreement between a susceptible adult or older adult and another person or recognized by a formal declaration or court order, in which:
(1)    A person is entrusted with the use or management of the property or assets of the susceptible adult or older adult, or the susceptible adult’s or older adult’s care; or
(2)    There is a special confidence or trust placed in a person who, in equity and good conscience, is bound to act in good faith and with due regard to the interests of the susceptible adult or older adult.
(k)    “Susceptible adult” means an adult who is unable to perform, without prompting or assistance, one or more activities of daily living, is unable to protect the adult’s rights, or has diminished executive functioning, due to:
(1)    Advanced age;
(2)    Mental, emotional, sensory, or physical disability or disease;
(3)    Impaired mobility;
(4)    Habitual drunkenness;
(5)    Addiction to drugs; or
(6)    Hospitalization.