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
Okl. St. Ann. §43A-10-103 (2015)

TITLE 43A Mental Health

CHAPTER 1. MENTAL HEATLH LAW OF 1986

PROTECTIVE SERVICES FOR VULNERABLE ADULTS ACT

§10-103.  Definitions

A.  When used in the Protective Services for Vulnerable Adults Act:

9.  "Exploitation" or "exploit" means an unjust or improper use of the resources of a vulnerable adult for the profit or advantage, pecuniary or otherwise, of a person other than the vulnerable adult through the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense;

10.  “Financial neglect” means repeated instances by a caretaker, or other person, who has assumed the role of financial management, of failure to use the resources available to restore or maintain the health and physical well-being of a vulnerable adult, including, but not limited to:

a.            squandering or negligently mismanaging the money, property, or accounts of a vulnerable adult,

b.            refusing to pay for necessities or utilities in a timely manner, or

c.             providing substandard care to a vulnerable adult despite the availability of adequate financial resources;


5.  "Vulnerable adult" means an individual who is an incapacitated person or who, because of physical or mental disability, incapacity, or other disability, is substantially impaired in the ability to provide adequately for the care or custody of himself or herself, or is unable to manage his or her property and financial affairs effectively, or to meet essential requirements for mental or physical health or safety, or to protect himself or herself from abuse, verbal abuse, neglect, or exploitation without assistance from others;

Criminal Financial Exploitation
OKLA. STAT. ANN. tit. 21, § 843.4 (2016)
TITLE 21.  CRIMES AND PUNISHMENTS 
PART III.  CRIMES AGAINST THE PERSON 
CHAPTER 30.  MISCELLANEOUS OFFENSES AGAINST THE PERSON 
ABUSE OF ELDERLY OR DISABLED PERSONS

§ 843.4.  Exploitation of elderly or disabled adult

   A. As used in this section, "exploitation of an elderly person or disabled adult" means:

   1. Knowingly, by deception or intimidation, obtaining or using, or endeavoring to obtain or use, an elderly person's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who:

       a. stands in a position of trust and confidence with the elderly person or disabled adult, or

       b. has a business relationship with the elderly person or disabled adult, or

   2. Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person's or disabled adult's funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent.

   B. 1. If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult are valued at One Hundred Thousand Dollars ($100,000.00) or more, the violator commits a felony punishable by imprisonment in the custody of the Department of Corrections for a term not more than fifteen (15) years and by a fine in an amount not exceeding Ten Thousand Dollars ($10,000.00).

   2. If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult are valued at less than One Hundred Thousand Dollars ($100,000.00), the violator commits a felony punishable by imprisonment in the custody of the Department of Corrections for a term not more than ten (10) years and by a fine in an amount not exceeding Ten Thousand Dollars ($10,000.00).

   C. For purposes of this section, "elderly person" means any person sixty-two (62) years of age or older.

Civil Elder Abuse
43A Okl. St. §§ 10-101 through 10-112 (2017)

43A Okl. St. § 10-103  (2017)

Title 43A.  Mental Health  Chapter 1.  Mental Health Law of 1986  Protective Services for Vulnerable Adults Act

8. "Abuse" means causing or permitting: a. the infliction of physical pain, injury, sexual abuse, sexual exploitation, unreasonable restraint or confinement, or mental anguish, or   b. the deprivation of nutrition, clothing, shelter, health care, or other care or services without which serious physical or mental injury is likely to occur to a vulnerable adult by a caretaker or other person providing services to a vulnerable adult;

  9. "Exploitation" or "exploit" means an unjust or improper use of the resources of a vulnerable adult for the profit or advantage, pecuniary or otherwise, of a person other than the vulnerable adult through the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense;

10. "Financial neglect" means repeated instances by a caretaker, or other person, who has assumed the role of financial management, of failure to use the resources available to restore or maintain the health and physical well-being of a vulnerable adult, including, but not limited to:         a. squandering or negligently mismanaging the money, property, or accounts of a vulnerable adult,         b. refusing to pay for necessities or utilities in a timely manner, or         c. providing substandard care to a vulnerable adult despite the availability of adequate financial resources;

11. "Neglect" means:         a. the failure to provide protection for a vulnerable adult who is unable to protect his or her own interest,         b. the failure to provide a vulnerable adult with adequate shelter, nutrition, health care, or clothing, or         c. negligent acts or omissions that result in harm or the unreasonable risk of harm to a vulnerable adult through the action, inaction, or lack of supervision by a caretaker providing direct services;

12. "Sexual abuse" means:         a. oral, anal, or vaginal penetration of a vulnerable adult by or through the union with the sexual organ of a caretaker or other person providing services to the vulnerable adult, or the anal or vaginal penetration of a vulnerable adult by a caretaker or other person providing services to the vulnerable adult with any other object, or         b. for the purpose of sexual gratification, the touching, feeling or observation of the body or private parts of a vulnerable adult by a caretaker or other person providing services to the vulnerable adult, or         c. indecent exposure by a caretaker or other person providing services to the vulnerable adult;

     13. "Indecent exposure" means forcing or requiring a vulnerable adult to:         a. look upon the body or private parts of another person or upon sexual acts performed in the presence of the vulnerable adult, or         b. touch or feel the body or private parts of another;

   15. "Sexual exploitation" includes, but is not limited to, a caretaker's causing, allowing, permitting or encouraging a vulnerable adult to engage in prostitution or in the lewd, obscene, or pornographic photographing, filming or depiction of the vulnerable adult as those acts are defined by state law; and

  16. "Verbal abuse" means the use of words, sounds, or other communication including, but not limited to, gestures, actions or behaviors, by a caretaker or other person providing services to a vulnerable adult that are likely to cause a reasonable person to experience humiliation, intimidation, fear, shame or degradation.

Criminal Elder Abuse
Okla. Stat. tit. 21 § 21-843.4.

A. As used in this section, “exploitation of an elderly person or disabled adult” means:

1. Knowingly, by deception or intimidation, obtaining or using, or endeavoring to obtain or use, an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who:

a.stands in a position of trust and confidence with the elderly person or disabled adult, or

b.has a business relationship with the elderly person or disabled adult, or

2. Obtaining or using, endeavoring to obtain or use, or conspiring with another to obtain or use an elderly person’s or disabled adult’s funds, assets, or property with the intent to temporarily or permanently deprive the elderly person or disabled adult of the use, benefit, or possession of the funds, assets, or property, or to benefit someone other than the elderly person or disabled adult, by a person who knows or reasonably should know that the elderly person or disabled adult lacks the capacity to consent.

B. 1. If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult are valued at One Hundred Thousand Dollars ($100,000.00) or more, the violator commits a felony punishable by imprisonment in the custody of the Department of Corrections for a term not more than fifteen (15) years and by a fine in an amount not exceeding Ten Thousand Dollars ($10,000.00).

2. If the funds, assets, or property involved in the exploitation of the elderly person or disabled adult are valued at less than One Hundred Thousand Dollars ($100,000.00), the violator commits a felony punishable by imprisonment in the custody of the Department of Corrections for a term not more than ten (10) years and by a fine in an amount not exceeding Ten Thousand Dollars ($10,000.00).

C. For purposes of this section, “elderly person” means any person sixty-two (62) years of age or older.

Added by Laws 2006, c. 215, § 1, eff. July 1, 2006.

https://law.justia.com/codes/oklahoma/2014/title-2...