H.F. 85 Section 1. Section 235F.1, subsection 14, paragraph c, Code 1 2015, is amended to read as follows: 2 c. Is a person who is in a confidential relationship with 3 the vulnerable elder. For the purposes of this paragraph “c” , a 4 confidential relationship does not include a legal, fiduciary, 5 or ordinary commercial or transactional relationship the 6 vulnerable elder may have with a bank incorporated under the 7 provisions of any state or federal law, any savings and loan 8 association or savings bank incorporated under the provisions 9 of any state or federal law, any credit union organized under 10 the provisions of any state or federal law, any attorney 11 licensed to practice law in this state, or any agent, agency, 12 or company regulated under chapter 505 , 508 , 515 , or 543B The 13 determination of the existence of a confidential relationship 14 is an issue of fact to be determined by the court based upon the 15 totality of the circumstances . 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to elder abuse. The bill eliminates 20 a listing of persons who were exempt from the confidential 21 relationship requirement in order to be considered as standing 22 in a position of trust or confidence with a vulnerable elder 23 and thereby potentially subject to an allegation of financial 24 exploitation under the elder abuse Code chapter. The bill 25 provides instead that the determination of the existence of a 26 confidential relationship is an issue of fact to be determined 27 by the court based upon the totality of the circumstances. 28 -1- LSB 1654YH (2) 86 pf/nh 1/ 1