SF 107 (LSB 1140XS (3) 90)

SENATE FILE 107

BY  SALMON

A BILL FOR

An Act relating to elder abuse.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 235F.1, subsection 5, paragraph a, unnumbered paragraph 1, Code 2023, is amended to read as follows:
   “Elder abuse” means any of the following relative to a vulnerable elder in all aspects of the vulnerable elder’s life, liberty, and property:
    Sec. 2.  Section 235F.1, subsections 8 and 17, Code 2023, are amended to read as follows:
   8.  “Financial exploitation” relative to a vulnerable elder means when a person stands in a position of trust or confidence with the vulnerable elder and knowingly and by undue influence, deception, coercion, fraud, or extortion, obtains control over or otherwise uses or diverts the benefits, property, resources, belongings, or assets of the vulnerable elder solely for the benefit of someone other than the vulnerable elder and not for the benefit of the vulnerable elder. “Financial exploitation” includes alteration of a governing instrument by a person who stands in a position of trust or confidence with the vulnerable elder.
   17.  “Vulnerable elder” means a person sixty years of age or older who is unable to protect himself or herself the person’s self from elder abuse as due to any of the following circumstances: 
   a.  As a result of a mental or physical condition or because.
   b.  Because of a personal circumstance which results in an increased risk of physical, psychological, or financial harm to the person.  Clear and convincing evidence of physical, psychological, or financial harm to the person creates a rebuttable presumption that the person was unable to protect the person’s self.
    Sec. 3.  Section 235F.1, Code 2023, is amended by adding the following new subsection:
   NEW SUBSECTION.  8A.  “Governing instrument” means a will; a trust; a deed; a custodianship; an insurance or annuity policy; an account with a designation for payment on death; a security registered in beneficiary form; a pension, profit-sharing, retirement, or other employment-related benefit plan; a family limited partnership; an instrument creating or exercising a power of attorney; an estate planning document; or a dispositive, appointment, or nominative instrument of any similar type.
    Sec. 4.  Section 235F.8, subsection 1, Code 2023, is amended to read as follows:
   1.  A proceeding under this chapter shall afford a vulnerable elder due process of law, shall be held in accordance with the rules of civil procedure, except as otherwise set forth in this chapter and in chapter 664A, and is in addition to any other civil or criminal remedy.
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 elder abuse.
   The bill amends the definition of “elder abuse” to include several actions taken relative to a vulnerable elder in all aspects of the vulnerable elder’s life, liberty, and property.
   The bill amends the definition of “financial exploitation” relative to a vulnerable elder to limit financial exploitation to that which is solely for the benefit of a person other than the vulnerable elder and not for the benefit of the vulnerable elder. Additionally, under the bill, “financial exploitation” includes alteration of a governing instrument by a person who stands in a position of trust or confidence with the vulnerable elder. The bill provides a definition of “governing instrument”.
   The bill also amends the definition of “vulnerable elder” to include a person 60 years of age or older who is unable to protect the person’s self from elder abuse due to a personal circumstance which results in an increased risk of physical, financial, or psychological harm to the person. The bill provides that clear and convincing evidence of physical, psychological, or financial harm to a person creates a rebuttable presumption that the person was unable to protect the person’s self.
   The bill provides that a proceeding under Code chapter 235F (elder abuse) shall afford a vulnerable elder due process of law.