House File 2386
HOUSE FILE
BY HUTTER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act prohibiting persons convicted of dependent adult abuse of
2 an elderly person or a person with a disability from
3 inheriting from the dependent adult.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 5790HH 80
6 rh/pj/5
PAG LIN
1 1 Section 1. NEW SECTION. 633.338 DEPENDENT ADULT ABUSE OF
1 2 ELDERLY PERSON OR PERSON WITH A DISABILITY.
1 3 1. A person who is a caretaker, as defined in section
1 4 235B.2, who is convicted of dependent adult abuse of an
1 5 elderly person or a person with a disability in violation of
1 6 section 235B.20, shall not receive any property, benefit, or
1 7 other interest by reason of the death of that elderly person
1 8 or person with a disability, whether as heir, legatee,
1 9 beneficiary, joint tenant, survivor, appointee, or in any
1 10 other capacity, and whether the property, benefit, or other
1 11 interest passes pursuant to any form of title registration,
1 12 testamentary or nontestamentary instrument, intestacy,
1 13 renunciation, or any other circumstance. The property,
1 14 benefit, or other interest shall pass as if the person
1 15 convicted of the dependent adult abuse died before the
1 16 decedent, provided that with respect to joint tenancy
1 17 property, the interest possessed prior to the death by the
1 18 person convicted of the dependent adult abuse shall not be
1 19 diminished by the application of this section.
1 20 2. Notwithstanding subsection 1, a person who is a
1 21 caretaker who is convicted of dependent adult abuse of an
1 22 elderly person or a person with a disability shall be entitled
1 23 to receive property, a benefit, or an interest in any capacity
1 24 and under the circumstances described in this section if the
1 25 person demonstrates by clear and convincing evidence that the
1 26 victim of the offense had prior knowledge of the conviction
1 27 and subsequent to the conviction expressed or ratified the
1 28 victim's intent to transfer the property, benefit, or interest
1 29 to the person convicted of dependent adult abuse.
1 30 3. The holder of any property subject to the provisions of
1 31 this section shall not be liable for distributing or releasing
1 32 the property to the person convicted of dependent adult abuse
1 33 of an elderly person or a person with a disability if the
1 34 distribution or release occurs prior to the conviction.
1 35 4. As used in this section, "elderly person" means a
2 1 person sixty years of age or older, and "person with a
2 2 disability" means a person eighteen years of age or older with
2 3 a mental illness, mental retardation, or another developmental
2 4 disability or brain injury.
2 5 EXPLANATION
2 6 This bill relates to dependent adult abuse of an elderly
2 7 person or a person with a disability by a caretaker and the
2 8 caretaker's receipt of any property, benefit, or other
2 9 interest by reason of the death of the elderly person or
2 10 person with a disability.
2 11 The bill prohibits a person who is a caretaker of an
2 12 elderly person or person with a disability who has been
2 13 convicted of dependent adult abuse, pursuant to Code section
2 14 235B.20, from receiving any property, benefit, or other
2 15 interest by reason of the death of the elderly person or
2 16 person with a disability. The bill provides an exception to
2 17 the foregoing if the convicted person demonstrates by clear
2 18 and convincing evidence that the victim knew about the
2 19 conviction and still desired to transfer the property to the
2 20 convicted person. Code section 235B.2 defines a caretaker to
2 21 mean a related or nonrelated person who has the responsibility
2 22 for the protection, care, or custody of a dependent adult as a
2 23 result of assuming the responsibility voluntarily, by
2 24 contract, or by order of the court.
2 25 The bill provides that the holder of any property subject
2 26 to the provisions of the bill shall not be liable for
2 27 distributing or releasing the property to the person convicted
2 28 of dependent adult abuse of an elderly person or a person with
2 29 a disability if the distribution or release occurs prior to
2 30 the conviction.
2 31 The bill defines "elderly person" to mean a person 60 years
2 32 of age or older, and "person with a disability" to mean a
2 33 person 18 years of age or older with a mental illness, mental
2 34 retardation, or another developmental disability or brain
2 35 injury.
3 1 LSB 5790HH 80
3 2 rh/pj/5