Relating to dependent adult abuse in facilities and programs, and to elder abuse, and providing penalties

This bill relates to dependent adult abuse in facilities and programs and to elder abuse. The bill amends provisions under Code chapter 235E (dependent adult abuse in facilities and programs) to provide that an investigation of dependent adult abuse in a health care facility or hospital by the department of inspections and appeals (DIA) shall determine if the dependent adult has an existing guardian, conservator, or attorney in fact. If upon completion of an investigation, DIA determines that the best interests of the dependent adult require court action, DIA shall inform any existing guardian, conservator, or attorney in fact of the dependent adult of DIA’s determination. DIA shall also inform any family member or other person for whom the resident has granted permission to have access to the resident’s medical and facility records of the department’s determination. If an existing guardian, conservator, or attorney in fact of the dependent adult refuses to pursue appropriate relief or remedies provided by law for the dependent adult, or if the dependent adult does not have a guardian, conservator, or attorney in fact, DIA shall notify the department of human services of the potential need for a guardian or conservator or for admission or commitment of the dependent adult to an appropriate institution or facility pursuant to the applicable procedures under Code chapter 125, 222, 229, or 633, or shall pursue other remedies provided by law. The bill also provides that a person who reports or causes to be reported false information regarding a suspected case of dependent adult abuse, knowing that the information is false or that the abuse did not occur, commits a simple misdemeanor. With regard to Code chapter 235F (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” 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 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 shall afford a vulnerable elder due process of law.