H 404 — FINANCIAL EXPLOITATION OF AN ELDER – Adds to existing law to provide for the offense of financial exploitation of an elder.

404404, As Amended BY JUDICIARY, RULES AND ADMINISTRATION COMMITTEE AN ACT RELATING TO FINANCIALCRIMES EXPLOITATIONAND OFPUNISHMENT; AN ELDER;

AMENDING CHAPTER 31, TITLE 18, IDAHO CODE, BY THE ADDITION OF A NEW SECTION 18-3129,18-1505, IDAHO CODE, TO PROVIDE FOR THE OFFENSE OF FINANCIAL EXPLOITATION OF AN ELDER, TO PRO-DEFINE VIDETERMS, A PENALTY, AND TO DEFINEPROVIDE TERMS.IMMUNITY FOR CERTAIN PERSONS;

AND AMENDING SEC- TION 18-1505A, IDAHO CODE, TO PROVIDE A CORRECT CODE REFERENCE.

That ChapterSection 31,18-1505, Title 18, Idaho Code, be, and the same is hereby amended by the addition thereto of a NEW SECTION , to be known and des- ignated as Section 18-3129, Idaho Code, and to read as follows:

18-3129.18-1505.

FINANCIALABUSE, EXPLOITATION OR NEGLECT OF A VULNERABLE ADULT -- FI - NANCIAL EXPLOITATION OF AN ELDER.ELDER .

(1) AAny caregiverperson commitswho theabuses offenseor ofneglects financiala exploitationvulnerable ofadult anunder eldercircumstances iflikely theto caregiverproduce inten-great tionallybodily harm or knowinglydeath financiallyis exploitsguilty theof elder,a providedfelony thatpunishable theby to-imprisonment talfor valuenot ofmore thethan moneyten or(10) propertyyears takenand ornot used is more than onea twenty-five thousand dollarsdollar ($1,000).($25,000) fine.

(2) FinancialAny exploitationperson ofwho anabuses elderor shallneglects bea vulnerable adult under cir- cumstances other than those likely to produce great bodily harm or death is guilty of a felony.misdemeanor.

(3) ForAny purposesperson who exploits a vulnerable adult or any caregiver who financially exploits an elder is guilty of thisa section:misdemeanor, unless the mone- tary damage from such exploitation exceeds one thousand dollars ($1,000), in which case the person is guilty of a felony punishable by imprisonment for not more than ten (10) years and not more than a twenty-five thousand dollar ($25,000) fine.

(a)(4) "Caregiver"As meansused anyin personthis whosection: has undertaken the temporary or permanent care, custody, or physical control or supervision of, or who has a legal or contractual duty to care for the health, safety, and wel- fare of, an elder.

(b)(a) "Elder""Abuse" means athe personintentional whoor isnegligent sixtyinfliction (60)of yearsphysical ofpain, ageinjury or older.mental injury.

(c)Intentional "Financialabuse exploitation"shall meansbe thepunished unauthorizedunder taking,subsection withhold-(1) ing, misappropriation, or use(2) of anthis elder'ssection money,depending realupon property,the orharm personalinflicted. property.

"FinancialAbuse exploitation" may be committed by usingnegligent coercion,infliction manipulation,shall threats,only intimidation,be misrepresentation,punished orunder unduesubsection influence(2) andof maythis includesection. but not be limited to:

(i)(b) Breaches"Caregiver" ofmeans fiduciaryany relationships,person suchwho ashas undertaken the misusetemporary ofor apermanent powercare, ofcustody, attorneyor physical control or thesupervision abuseof, ofor guardianshipwho privileges,has result-a inglegal inor contractual duty to care for the unauthorizedhealth, appropriation,safety, sale,and orwel transfer- offare prop-of, erty;an elder.

(c) "Caretaker" means any individual or institution that is responsi- ble by relationship, contract or court order to provide food, shelter or clothing, medical or other life-sustaining necessities to a vulnerable adult.

(d) "Elder" means a person who is sixty (60) years of age or older.

(ce) "Exploitation" or "exploit" means an action which may include, but is not limited to, the unjust or improper use of a vulnerable adult's fi- nancial power of attorney, funds, property or resources by another per- son for profit or advantage.

(f) "Financial exploitation" or "financially exploit" means the unau- thorized taking, withholding, misappropriation, or use of an elder's money, real property, or personal property.

"Financial exploitation" may be committed by using coercion, manipulation, threats, intimida- tion, misrepresentation, or undue influence and may include but not be limited to:

(i) Breaches of fiduciary relationships, such as the misuse of a power of attorney or the abuse of guardianship privileges, result - ing in the unauthorized appropriation, sale, or transfer of prop - erty;

(dg) "Neglect" means failure of a caretaker to provide food, clothing, shelter or medical care to a vulnerable adult, in such a manner as to jeopardize the life, health or safety of the vulnerable adult.

(eh) "Vulnerable adult" means a person eighteen (18) years of age or older who is unable to protect himself from abuse, neglect or exploita- tion due to physical or mental impairment which affects the person's judgment or behavior to the extent that he lacks sufficient understand- ing or capacity to make or communicate or implement decisions regarding his person, funds, property or resources.

(5) Nothing in this section shall be construed to mean a person is abused, neglected or exploited for the sole reason he is relying upon treat- ment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination;

nor shall the provisions of this section be construed to require any medical care or treatment in contravention of the stated or implied objection of such a per- son.

(6) Nothing in this section shall be construed to mean that an employer or supervisor of a person who abuses, exploits or neglects a vulnerable adult, or a caregiver who financially exploits an elder, may be prosecuted unless there is direct evidence of a violation of this statute by the em- ployer or supervisor.

SECTION 2.

That Section 18-1505A, Idaho Code, be, and the same is hereby amended to read as follows:

18-1505A.

ABANDONING A VULNERABLE ADULT.

(1) Any person who abandons a vulnerable adult, as that term is defined in section 18-1505, Idaho Code, in deliberate disregard of the vulnerable adult's safety or welfare, regard- less of whether the vulnerable adult suffered physical harm from the act of abandonment, shall be guilty of a felony and shall be imprisoned in the state prison for a period not in excess of five (5) years, or by a fine not exceed- ing five thousand dollars ($5,000), or by both such fine and imprisonment.

It shall not be a defense to prosecution under the provisions of this section that the perpetrator lacked the financial ability or means to provide food, clothing, shelter or medical care reasonably necessary to sustain the life and health of a vulnerable adult.

(2) As used in this section "abandon" means the desertion or willful forsaking of a vulnerable adult by any individual, caretaker as defined by subsection (4)(bc) of section 18-1505, Idaho Code, or entity which has as- sumed responsibility for the care of the vulnerable adult by contract, re- ceipt of payment of care, any relationship arising from blood or marriage wherein the vulnerable adult has become the dependent of another or by order of a court of competent jurisdiction;

provided that abandon shall not mean the termination of services to a vulnerable adult by a physician licensed un- der chapter 18, title 54, Idaho Code, or anyone under his direct supervision, where the physician determines, in the exercise of his professional judg- ment, that termination of such services is in the best interests of the pa- tient.