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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
52-3-803, MCA (2015)

TITLE 52.  FAMILY SERVICES 

CHAPTER 3.  ADULT SERVICES 

PART 8.  MONTANA ELDER AND PERSONS WITH DEVELOPMENTAL DISABILITIES ABUSE PREVENTION ACT

52-3-803.  Definitions.

(3) "Exploitation" means:

(a) the unreasonable use of an older person or a person with a developmental disability or

of a power of attorney, conservatorship, or guardianship with regard to an older person or

a person with a developmental disability in order to obtain control of or to divert to the

advantage of another the ownership, use, benefit, or possession of or interest in the

person's money, assets, or property by means of deception, duress, menace, fraud, undue

influence, or intimidation with the intent or result of permanently depriving the older

person or person with a developmental disability of the ownership, use, benefit, or

possession of or interest in the person's money, assets, or property;

(b) an act taken by a person who has the trust and confidence of an older person or a

person with a developmental disability to obtain control of or to divert to the advantage

of another the ownership, use, benefit, or possession of or interest in the person's money,

assets, or property by means of deception, duress, menace, fraud, undue influence, or

intimidation with the intent or result of permanently depriving the older person or person

with a developmental disability of the ownership, use, benefit, or possession of or interest

in the person's money, assets, or property;

 

(c) the unreasonable use of an older person or a person with a developmental disability or

of a power of attorney, conservatorship, or guardianship with regard to an older person or

a person with a developmental disability done in the course of an offer or sale of

insurance or securities in order to obtain control of or to divert to the advantage of

another the ownership, use, benefit, or possession of the person's money, assets, or

property by means of deception, duress, menace, fraud, undue influence, or intimidation

with the intent or result of permanently depriving the older person or person with a

developmental disability of the ownership, use, benefit, or possession of the person's

money, assets, or property.


(8)  "Older person" means a person who is at least 60 years of age.

(9) “Person with a developmental disability” means a person 18 years of age or older who has a developmental disability, as defined in 53-20-102.

Civil Elder Abuse
52-3-801 through 52-3-825, MCA  (2017)

52-3-803, MCA  (2017)

Title 52  Family Services 
Chapter 3  Adult Services 
Part 8  Montana Elder and Persons With Developmental Disabilities Abuse Prevention Act

 (1) "Abuse" means:       (a) the infliction of physical or mental injury; or    (b) the deprivation of food, shelter, clothing, or services necessary to maintain the physical or mental health of an older person or a person with a developmental disability without lawful authority. A declaration made pursuant to 50-9-103 constitutes lawful authority.

(3) "Exploitation" means:          (a) the unreasonable use of an older person or a person with a developmental disability or of a power of attorney, conservatorship, or guardianship with regard to an older person or a person with a developmental disability in order to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of or interest in the person's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the older person or person with a developmental disability of the ownership, use, benefit, or possession of or interest in the person's money, assets, or property;         (b) an act taken by a person who has the trust and confidence of an older person or a person with a developmental disability to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of or interest in the person's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the older person or person with a developmental disability of the ownership, use, benefit, or possession of or interest in the person's money, assets, or property;         (c) the unreasonable use of an older person or a person with a developmental disability or of a power of attorney, conservatorship, or guardianship with regard to an older person or a person with a developmental disability done in the course of an offer or sale of insurance or securities in order to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of the person's money, assets, or property by means of deception, duress, menace, fraud, undue influence, or intimidation with the intent or result of permanently depriving the older person or person with a developmental disability of the ownership, use, benefit, or possession of the person's money, assets, or property.

  (6) "Mental injury" means an identifiable and substantial impairment of a person's intellectual or psychological functioning or well-being.

   (7) "Neglect" means the failure of a person who has assumed legal responsibility or a contractual obligation for caring for an older person or a person with a developmental disability or who has voluntarily assumed responsibility for the person's care, including an employee of a public or private residential institution, facility, home, or agency, to provide food, shelter, clothing, or services necessary to maintain the physical or mental health of the older person or the person with a developmental disability.

  (11) "Sexual abuse" means the commission of sexual assault, sexual intercourse without consent, indecent exposure, deviate sexual conduct, incest, or sexual abuse of children as described in Title 45, chapter 5, part 5, and Title 45, chapter 8, part 2.