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.
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Citation Statute
Civil Financial Exploitation
Code of Ark. §9-20-103(7) & (6) (2020)

TITLE 9. Family Law

CHAPTER 20. Adult Maltreatment Custody Act

§ 9–20–103. Definitions.

As used in this chapter:

(7) “Exploitation” means the:
(A) Illegal or unauthorized use or management of an endangered person's or an impaired person's funds, assets, or property;
(B) Use of an adult endangered person's or an adult impaired person's power of attorney or guardianship for the profit or advantage of one's own self or another;
(C) Fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an endangered or an impaired person or long-term care facility resident for monetary or personal benefit, profit, or gain or that results in depriving the person or resident of rightful access to or use of benefits, resources, belongings, or assets; or
(D) Misappropriation of property of a long-term care facility resident



(6) “Endangered adult” means:
(A) An adult eighteen (18) years of age or older who:
(i) Is found to be in a situation or condition that poses a danger to himself or herself; and
(ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or
(B) An adult resident of a long-term care facility who:
(i) Is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to that person; and
(ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition;