Elder Justice 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.
ORC Ann. 5101.60 (2016)
CHAPTER 5101. DEPARTMENT OF JOB AND FAMILY SERVICES -- GENERAL PROVISIONS
PROTECTIVE SERVICES FOR ADULTS
§ 5101.60. Definitions
(G) "Exploitation" means the unlawful or improper act of a caretaker using an adult or an adult's resources for monetary or personal benefit, profit, or gain when the caretaker obtained or exerted control over the adult or the adult's resources in any of the following ways:
(1) Without the adult's consent or the consent of the person authorized to give consent on the adult's behalf;
(2) Beyond the scope of the express or implied consent of the adult or the person authorized to give consent on the adult's behalf;
(3) By deception;
(4) By threat;
(5) By intimidation.
(C) "Caretaker" means the person assuming the responsibility for the care of an adult on a voluntary basis, by contract, through receipt of payment for care, as a result of a family relationship, or by order of a court of competent jurisdiction.
(B) "Adult" means any person sixty years of age or older within this state who is handicapped by the infirmities of aging or who has a physical or mental impairment which prevents the person from providing for the person's own care or protection, and who resides in an independent living arrangement. An "independent living arrangement" is a domicile of a person's own choosing, including, but not limited to, a private home, apartment, trailer, or rooming house. An "independent living arrangement" includes a residential facility licensed under section 5119.34 of the Revised Code that provides accommodations, supervision, and personal care services for three to sixteen unrelated adults, but does not include other institutions or facilities licensed by the state or facilities in which a person resides as a result of voluntary, civil, or criminal commitment.