HSB 21 (LSB 1352YC (1) 88)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON HOLT)

A BILL FOR

An Act relating to the exploitation of a dependent adult by a caretaker.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 235B.2, subsection 5, paragraph a, subparagraph (1), subparagraph division (c), Code 2019, is amended to read as follows:
   (c)  Exploitation of a dependent adult which means the act or process of taking unfair advantage of a dependent adult or the adult’s physical or financial resources for one’s own personal or pecuniary profit, without the informed consent of the dependent adult, including theft, by the use of undue influence, harassment, duress, deception, false representation, or false pretenses.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the exploitation of a dependent adult by a caretaker.
   Under current law, dependent adult abuse includes the exploitation of a dependent adult as a result of the willful or negligent acts or omissions of a caretaker when the caretaker takes unfair advantage of the dependent adult’s physical or financial resources for the caretaker’s own personal or pecuniary profit without the dependent adult’s consent by undue influence, harassment, duress, deception, false representation, or false pretenses. “Caretaker” is defined as a related or nonrelated person who has the responsibility for the protection, care, or custody of a dependent adult as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the court.
   The bill eliminates the requirement that a caretaker taking unfair advantage of a dependent adult’s physical or financial resources must do so for the caretaker’s own personal or pecuniary profit.