Elder Abuse and Elder Financial Exploitation Statutes

The federal government, states, commonwealths, territories and the District of Columbia all have laws designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others. These laws vary considerably from state to state.
Showing results 1 - 7 of 7
Citation Statute
Civil Financial Exploitation
Alaska Stat. § 13.26.324  (2016)

TITLE 13.  DECEDENTS' ESTATES, GUARDIANSHIPS, TRANSFERS, TRUSTS, AND HEALTH CARE DECISIONS 

CHAPTER 26.  PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY; POWERS OF ATTORNEY 

ARTICLE 4.  PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS

Sec. 13.26.324.  Definitions

   In AS 13.26.165 -- 13.26.324, unless the context requires otherwise, "fraud" means

   (1) robbery, extortion, and coercion under AS 11.41.500 -- 11.41.530;

   (2) offenses against property under AS 11.46.100 -- 11.46.740; or

Civil Financial Exploitation
Alaska Stat. § 47.24.900  (2016)

TITLE 47.  WELFARE, SOCIAL SERVICES AND INSTITUTIONS 

CHAPTER 24.  PROTECTION OF VULNERABLE ADULTS

Sec. 47.24.900.  Definitions

  (8) "exploitation"

      (A) means unjust or improper use of another person or another person's resources for one's own profit or advantage, with or without the person's consent; and

      (B) includes acts by a person who stands in a position of trust or confidence with a vulnerable adult or who knows or should know that the vulnerable adult lacks the capacity to consent that involve obtaining profit or advantage through undue influence, deception, fraud, intimidation, or breach of fiduciary duty; in this subparagraph, "fraud" has the meaning given in AS 13.26.324(1) and (2);

   (9) "fiduciary duty" means the duty of a third party who stands in a position of trust or confidence with another person, including a vulnerable adult, to act with due regard for the benefit and interest of that person; 

Civil Financial Exploitation
Alaska Stat. § 47.24.900  (2016)

     (21) "vulnerable adult" means a person 18 years of age or older who, because of incapacity, mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, fraud, confinement, or disappearance, is unable to meet the person's own needs or to seek help without assistance.

Civil Elder Abuse
Alaska Stat. §§ 47.24.010  through 47.24.900   (2017)

Alaska Stat. § 47.24.900  (2017)

TITLE 38  Public Welfare
CHAPTER 9  Protection of Aged Adults And Adults With A Disability

In this chapter,
(1) "abandonment" means desertion of a vulnerable adult by a caregiver;

  (2) "abuse" means
(A) the intentional, knowing, or reckless nonaccidental and nontherapeutic infliction of physical pain, injury, mental or emotional distress, or fear, including coercion and intimidation; or  (B) sexual assault under AS 11.41.410 or 11.41.420;

(8) "exploitation"
(A) means unjust or improper use of another person or another person's resources for one's own profit or advantage, with or without the person's consent; and (B) includes acts by a person who stands in a position of trust or confidence with a vulnerable adult or who knows or should know that the vulnerable adult lacks the capacity to consent that involve obtaining profit or advantage through undue influence, deception, fraud, intimidation, or breach of fiduciary duty; in this subparagraph, "fraud" has the meaning given in AS 13.26.324(1) and (2);

(12) "neglect" means the intentional, knowing, or reckless failure by a caregiver to provide essential care or services or access to essential care or services or to carry out a prescribed treatment plan necessary to maintain the physical and mental health of the vulnerable adult when the vulnerable adult is unable to provide or obtain the essential care or services or to carry out the prescribed treatment plan on the vulnerable adult's own behalf; in this paragraph, "essential care or services" includes food, clothing, shelter, medical care, and supervision;

Criminal Elder Abuse
Alaska Stat. §  47.24.900(16)

(16) "vulnerable adult" means a person 18 years of age or older who, because of physical or mental impairment, is unable to meet the person's own needs or to seek help without assistance.

http://www.touchngo.com/lglcntr/akstats/Statutes/T...
Criminal Elder Abuse
Alaska Stat. § 11.51.200

(a) A person commits the crime of endangering the welfare of a vulnerable adult in the first degree if the person
(1) intentionally abandons the vulnerable adult in any place under circumstances creating a substantial risk of physical injury to the vulnerable adult and the vulnerable adult is in the person's care
(A) by contract or authority of law; or
(B) in a facility or program that is required by law to be licensed by the state; or
(2) violates AS 11.51.210 and, as a result of the violation, the vulnerable adult suffers serious physical injury.
(b) Endangering the welfare of a vulnerable adult in the first degree is a class C felony.

http://www.touchngo.com/lglcntr/akstats/Statutes/T...
Criminal Elder Abuse
Alaska Stat. §  11.51.210

(a) A person commits the crime of endangering the welfare of a vulnerable adult in the second degree if the person fails without lawful excuse to provide support for the vulnerable adult and the vulnerable adult is in the person's care
(1) by contract or authority of law; or
(2) in a facility or program that is required by law to be licensed by the state.
(b) As used in this section, "support" includes necessary food, care, clothing, shelter, and medical attention. There is no failure to provide medical attention to a vulnerable adult if the vulnerable adult is provided treatment solely by spiritual means through prayer in accordance with the tenets and practices of a recognized church or religious denomination of which the vulnerable adult is a member or adherent, provided the vulnerable adult consents to the treatment through spiritual means only, and the treatment is administered by an accredited practitioner of the church or denomination.
(c) Endangering the welfare of a vulnerable adult in the second degree is a class A misdemeanor.

http://www.touchngo.com/lglcntr/akstats/Statutes/T...