Elder Abuse and Elder Financial Exploitation Statutes
Civil Financial Exploitation
A.C.A. § 9-20-103 (2016) (See also A.C.A. § 12-12-1703 (2016))
Title 9 Family Law
Subtitle 2. Domestic Relations
Chapter 20 Adult Maltreatment Custody Act
(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;
(8) (A) "Fiduciary" means a person or entity with the legal responsibility to:
(i) Make decisions on behalf of and for the benefit of another person; and
(ii) Act in good faith and with fairness.
(B) "Fiduciary" includes without limitation a trustee, a guardian, a conservator, an executor, an agent under financial power of attorney or health care power of attorney, or a representative payee;
(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;
(10) (A) "Impaired adult" means a person eighteen (18) years of age or older who, as a result of mental or physical impairment, is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation.
(B) For purposes of this chapter, residents of a long-term care facility are presumed to be impaired persons.
(C) For purposes of this chapter, a person with a mental impairment does not include a person who is in need of acute psychiatric treatment, chronic mental health treatment, alcohol or drug abuse treatment, or casework supervision by mental health professionals.
(D) For purposes of this chapter, an adult who has a representative payee appointed for that adult by the Social Security Administration or other authorized agency is presumed to be an impaired adult in relation to adult maltreatment through financial exploitation;