Relating to elder abuse

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 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.