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Senate File 107 - IntroducedA Bill ForAn Act 1relating to elder abuse.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 235F.1, subsection 5, paragraph a,
2unnumbered paragraph 1, Code 2023, is amended to read as
3follows:
4“Elder abuse” means any of the following relative to a
5vulnerable elder in all aspects of the vulnerable elder’s life,
6liberty, and property:
7 Sec. 2. Section 235F.1, subsections 8 and 17, Code 2023, are
8amended to read as follows:
98. “Financial exploitation” relative to a vulnerable elder
10means when a person stands in a position of trust or confidence
11with the vulnerable elder and knowingly and by undue influence,
12deception, coercion, fraud, or extortion, obtains control over
13or otherwise uses or diverts the benefits, property, resources,
14belongings, or assets of the vulnerable elder solely for the
15benefit of someone other than the vulnerable elder and not for
16the benefit of the vulnerable elder. “Financial exploitation”
17 includes alteration of a governing instrument by a person who
18stands in a position of trust or confidence with the vulnerable
19elder.
2017. “Vulnerable elder” means a person sixty years of age
21or older who is unable to protect himself or herself the
22person’s self from elder abuse as due to any of the following
23circumstances:
24a. Asa result of a mental or physical condition or because.
25b. Becauseof a personal circumstance which results in an
26increased risk of physical, psychological, or financial harm
27to the person. Clear and convincing evidence of physical,
28psychological, or financial harm to the person creates a
29rebuttable presumption that the person was unable to protect
30the person’s self.
31 Sec. 3. Section 235F.1, Code 2023, is amended by adding the
32following new subsection:
33 NEW SUBSECTION. 8A. “Governing instrument” means a
34will; a trust; a deed; a custodianship; an insurance or
35annuity policy; an account with a designation for payment on
-1-1death; a security registered in beneficiary form; a pension,
2profit-sharing, retirement, or other employment-related benefit
3plan; a family limited partnership; an instrument creating or
4exercising a power of attorney; an estate planning document;
5or a dispositive, appointment, or nominative instrument of any
6similar type.
7 Sec. 4. Section 235F.8, subsection 1, Code 2023, is amended
8to read as follows:
91. A proceeding under this chapter shall afford a vulnerable
10elder due process of law, shall be held in accordance with the
11rules of civil procedure, except as otherwise set forth in this
12chapter and in chapter 664A, and is in addition to any other
13civil or criminal remedy.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill relates to elder abuse.
18The bill amends the definition of “elder abuse” to include
19several actions taken relative to a vulnerable elder in all
20aspects of the vulnerable elder’s life, liberty, and property.
21The bill amends the definition of “financial exploitation”
22relative to a vulnerable elder to limit financial exploitation
23to that which is solely for the benefit of a person other than
24the vulnerable elder and not for the benefit of the vulnerable
25elder. Additionally, under the bill, “financial exploitation”
26includes alteration of a governing instrument by a person
27who stands in a position of trust or confidence with the
28vulnerable elder. The bill provides a definition of “governing
29instrument”.
30The bill also amends the definition of “vulnerable elder”
31to include a person 60 years of age or older who is unable to
32protect the person’s self from elder abuse due to a personal
33circumstance which results in an increased risk of physical,
34financial, or psychological harm to the person. The bill
35provides that clear and convincing evidence of physical,
-2-1psychological, or financial harm to a person creates a
2rebuttable presumption that the person was unable to protect
3the person’s self.
4The bill provides that a proceeding under Code chapter 235F
5(elder abuse) shall afford a vulnerable elder due process of
6law.
-3-pf/rh
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 235F.1, subsection 5, paragraph a,
2unnumbered paragraph 1, Code 2023, is amended to read as
3follows:
4“Elder abuse” means any of the following relative to a
5vulnerable elder in all aspects of the vulnerable elder’s life,
6liberty, and property:
7 Sec. 2. Section 235F.1, subsections 8 and 17, Code 2023, are
8amended to read as follows:
98. “Financial exploitation” relative to a vulnerable elder
10means when a person stands in a position of trust or confidence
11with the vulnerable elder and knowingly and by undue influence,
12deception, coercion, fraud, or extortion, obtains control over
13or otherwise uses or diverts the benefits, property, resources,
14belongings, or assets of the vulnerable elder solely for the
15benefit of someone other than the vulnerable elder and not for
16the benefit of the vulnerable elder. “Financial exploitation”
17 includes alteration of a governing instrument by a person who
18stands in a position of trust or confidence with the vulnerable
19elder.
2017. “Vulnerable elder” means a person sixty years of age
21or older who is unable to protect himself or herself the
22person’s self from elder abuse as due to any of the following
23circumstances:
24a. Asa result of a mental or physical condition or because.
25b. Becauseof a personal circumstance which results in an
26increased risk of physical, psychological, or financial harm
27to the person. Clear and convincing evidence of physical,
28psychological, or financial harm to the person creates a
29rebuttable presumption that the person was unable to protect
30the person’s self.
31 Sec. 3. Section 235F.1, Code 2023, is amended by adding the
32following new subsection:
33 NEW SUBSECTION. 8A. “Governing instrument” means a
34will; a trust; a deed; a custodianship; an insurance or
35annuity policy; an account with a designation for payment on
-1-1death; a security registered in beneficiary form; a pension,
2profit-sharing, retirement, or other employment-related benefit
3plan; a family limited partnership; an instrument creating or
4exercising a power of attorney; an estate planning document;
5or a dispositive, appointment, or nominative instrument of any
6similar type.
7 Sec. 4. Section 235F.8, subsection 1, Code 2023, is amended
8to read as follows:
91. A proceeding under this chapter shall afford a vulnerable
10elder due process of law, shall be held in accordance with the
11rules of civil procedure, except as otherwise set forth in this
12chapter and in chapter 664A, and is in addition to any other
13civil or criminal remedy.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill relates to elder abuse.
18The bill amends the definition of “elder abuse” to include
19several actions taken relative to a vulnerable elder in all
20aspects of the vulnerable elder’s life, liberty, and property.
21The bill amends the definition of “financial exploitation”
22relative to a vulnerable elder to limit financial exploitation
23to that which is solely for the benefit of a person other than
24the vulnerable elder and not for the benefit of the vulnerable
25elder. Additionally, under the bill, “financial exploitation”
26includes alteration of a governing instrument by a person
27who stands in a position of trust or confidence with the
28vulnerable elder. The bill provides a definition of “governing
29instrument”.
30The bill also amends the definition of “vulnerable elder”
31to include a person 60 years of age or older who is unable to
32protect the person’s self from elder abuse due to a personal
33circumstance which results in an increased risk of physical,
34financial, or psychological harm to the person. The bill
35provides that clear and convincing evidence of physical,
-2-1psychological, or financial harm to a person creates a
2rebuttable presumption that the person was unable to protect
3the person’s self.
4The bill provides that a proceeding under Code chapter 235F
5(elder abuse) shall afford a vulnerable elder due process of
6law.
-3-pf/rh