By Mr. Hedlund, a petition (accompanied by bill,
Senate, No. 83) of Robert L. Hedlund for legislation to
protect disabled persons from financial exploitation.
Children, Families and Persons with Disabilities. |
By Mr. Hedlund, a petition (accompanied by bill,
Senate, No. 83) of Robert L. Hedlund for legislation to
protect disabled persons from financial exploitation.
Children, Families and Persons with Disabilities. |
Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
SECTION 1. Section 1 of chapter 19C of the General Laws, as appearing in the 2004 Official Edition, is hereby amended by inserting after the words "disabled person," in line 4, the following words:- or financial exploitation of a disabled person.
SECTION 2. Said section 1 is hereby further amended by inserting the following definition:-
"Financial exploitation", an act or omission by a caretaker, which causes a substantial monetary or property loss to a disabled person, or causes a substantial monetary or property gain to a caretaker, which gain would otherwise benefit the disabled person but for the act or omission of such caretaker; provided, however, that such an act or omission shall not be construed as financial exploitation if the disabled person has knowingly consented to such act or omission unless such consent is a consequence of misrepresentation, undue influence, coercion or threat of force by such caretaker; and, provided further, that financial exploitation shall not be construed to interfere with or prohibit a bona fide gift by a disabled person.
