New State Legislation -- 2002

Many states enacted laws during 2002 that have a direct impact on abused and at-risk vulnerable elders. Some of the highlights include:

• Enhanced criminal penalties for theft from person age 65+ (Florida)
• Increased penalties for elder abuse and neglect (Maryland)
• Criminalizing using “undue influence” on a vulnerable adult (Maryland)
• Adding involuntary servitude and cruel discipline to the definition of elder abuse (Minnesota)

Here is a brief round-up. To get more information on any law, search the legislation tracking website listed by each state. If you know of other relevant state laws enacted in 2002, please email the information to Loree@wordbridges.net so we can share it with others.

Arizona (www.azleg.state.az.us)
HB. 2110 allows a court to discharge an attorney for an incapacitated person subsequent to appointment of a guardian with mental health treatment authority. Provides least restrictive living arrangements possible.

Florida (www.leg.state.fl.us)
S. 268 prescribes civil remedies for theft and certain other offenses in which the victim is an elderly person or disabled adult. Also requires registration of professional guardians.

H. 835/S. 992 provides enhanced criminal penalties for theft from persons age 65 or older.

H. 163 provides a change in ranking for a second degree felony conviction for lewd or lascivious battery upon an elderly or disabled person.

S. 952/H. 479 specifies a 5-year statute of limitations for exploitation of the funds, assets, or property of an elderly person or disabled adult.

Idaho (www.state.id.us)
S.B. 1315 prohibits visitor and guardian ad litem from being the same person or members or employees of the same firm.

Illinois (www.legis.state.il.us)
S. B. 1949 allows the transfer of cases from county to state public guardianship program when the estate is reduced, and provides for payment of public guardians in temporary guardianship cases.

Kansas
(www.kslegislature.org/cgi-bin/index.cgi)
H.B. 2469 comprehensively revised the guardianship code.

Kentucky (www.lrc.state.ky.us)
H. 381 ensures that searches will be undertaken promptly upon report of any lost, missing or overdue person, including those with Alzheimer’s disease and related dementias.

Maryland (http://mlis.state.md.us)
S. 516/H. 838 establishes the abuse or neglect of a vulnerable adult as a felony, adds specific penalties, and provides that there be an additional sentence.

H. 559/S. 646 makes it unlawful for any person to knowingly and willfully use deception, intimidation or undue influence to obtain or attempt to obtain certain property of a vulnerable adult.

Massachusetts (www.state.ma.us/legis/)
HB 3367 allows the court to appoint a certified psychiatric nurse clinical specialist as an examiner.

Minnesota (www.leg.state.mn.us)
S. 2692/H. 2757 modifies requirements for background checks and limits authority of commissioner of human services to set aside a disqualification.

S. 2433/H. 3304 defines criminal abuse of vulnerable adults to include involuntary servitude or cruel discipline. Defines financial exploitation of vulnerable adults to include swindling or other tricks. Defines crimes of sexual conduct in the third or fourth degrees.

New Hampshire
(http://gencourt.state.nh.us/ic/)
S. 413 establishes a committee to study background checks for nursing home employees.

S. 369 gives expenses of guardian priority over other debts in estate of the ward.

New York (www.senate.state.ny.us)
AB 8466/SB 4622 allows guardians of persons with mental retardation to make decisions to withhold or withdraw life-sustaining treatment in accordance with a specified process.

Oklahoma (www.lsb.state.ok.us)
SB 1560 establishes Court Appointed Advocates for Vulnerable Adults Program.

Vermont (www.leg.state.vt.us)
S. 224 protects elders and disabled adults whose health and welfare may be adversely affected through abuse, neglect, or exploitation. Adds provisions regarding power of attorney.

Virginia (http://legis.state.va.us)
HB 1213 provides for the reimbursement of expenses of the petitioner from the estate of the respondent if guardian was not appointed but petition was brought in good faith and for benefit of the respondent.

This information was compiled from the Alzheimer’s Association State Policy Clearinghouse State Review 2002 (available at www.alz.org/GtInvolved/Advocate/StateReview2002.pdf) and from a “State Adult Guardianship Legislation: Directions of Reform -- 2002” report prepared by Erica Wood of the Commission on Law and Aging, American Bar Association, as sent in an email to the national elder abuse listserve in December 2002.