Bill Text: IA SF107 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to elder abuse.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2023-01-19 - Introduced, referred to Judiciary. S.J. 157. [SF107 Detail]
Download: Iowa-2023-SF107-Introduced.html
Senate
File
107
-
Introduced
SENATE
FILE
107
BY
SALMON
A
BILL
FOR
An
Act
relating
to
elder
abuse.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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Section
1.
Section
235F.1,
subsection
5,
paragraph
a,
1
unnumbered
paragraph
1,
Code
2023,
is
amended
to
read
as
2
follows:
3
“Elder
abuse”
means
any
of
the
following
relative
to
a
4
vulnerable
elder
in
all
aspects
of
the
vulnerable
elder’s
life,
5
liberty,
and
property
:
6
Sec.
2.
Section
235F.1,
subsections
8
and
17,
Code
2023,
are
7
amended
to
read
as
follows:
8
8.
“Financial
exploitation”
relative
to
a
vulnerable
elder
9
means
when
a
person
stands
in
a
position
of
trust
or
confidence
10
with
the
vulnerable
elder
and
knowingly
and
by
undue
influence,
11
deception,
coercion,
fraud,
or
extortion,
obtains
control
over
12
or
otherwise
uses
or
diverts
the
benefits,
property,
resources,
13
belongings,
or
assets
of
the
vulnerable
elder
solely
for
the
14
benefit
of
someone
other
than
the
vulnerable
elder
and
not
for
15
the
benefit
of
the
vulnerable
elder.
“Financial
exploitation”
16
includes
alteration
of
a
governing
instrument
by
a
person
who
17
stands
in
a
position
of
trust
or
confidence
with
the
vulnerable
18
elder
.
19
17.
“Vulnerable
elder”
means
a
person
sixty
years
of
age
20
or
older
who
is
unable
to
protect
himself
or
herself
the
21
person’s
self
from
elder
abuse
as
due
to
any
of
the
following
22
circumstances:
23
a.
As
a
result
of
a
mental
or
physical
condition
or
because
.
24
b.
Because
of
a
personal
circumstance
which
results
in
an
25
increased
risk
of
physical,
psychological,
or
financial
harm
26
to
the
person.
Clear
and
convincing
evidence
of
physical,
27
psychological,
or
financial
harm
to
the
person
creates
a
28
rebuttable
presumption
that
the
person
was
unable
to
protect
29
the
person’s
self.
30
Sec.
3.
Section
235F.1,
Code
2023,
is
amended
by
adding
the
31
following
new
subsection:
32
NEW
SUBSECTION
.
8A.
“Governing
instrument”
means
a
33
will;
a
trust;
a
deed;
a
custodianship;
an
insurance
or
34
annuity
policy;
an
account
with
a
designation
for
payment
on
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death;
a
security
registered
in
beneficiary
form;
a
pension,
1
profit-sharing,
retirement,
or
other
employment-related
benefit
2
plan;
a
family
limited
partnership;
an
instrument
creating
or
3
exercising
a
power
of
attorney;
an
estate
planning
document;
4
or
a
dispositive,
appointment,
or
nominative
instrument
of
any
5
similar
type.
6
Sec.
4.
Section
235F.8,
subsection
1,
Code
2023,
is
amended
7
to
read
as
follows:
8
1.
A
proceeding
under
this
chapter
shall
afford
a
vulnerable
9
elder
due
process
of
law,
shall
be
held
in
accordance
with
the
10
rules
of
civil
procedure,
except
as
otherwise
set
forth
in
this
11
chapter
and
in
chapter
664A
,
and
is
in
addition
to
any
other
12
civil
or
criminal
remedy.
13
EXPLANATION
14
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
15
the
explanation’s
substance
by
the
members
of
the
general
assembly.
16
This
bill
relates
to
elder
abuse.
17
The
bill
amends
the
definition
of
“elder
abuse”
to
include
18
several
actions
taken
relative
to
a
vulnerable
elder
in
all
19
aspects
of
the
vulnerable
elder’s
life,
liberty,
and
property.
20
The
bill
amends
the
definition
of
“financial
exploitation”
21
relative
to
a
vulnerable
elder
to
limit
financial
exploitation
22
to
that
which
is
solely
for
the
benefit
of
a
person
other
than
23
the
vulnerable
elder
and
not
for
the
benefit
of
the
vulnerable
24
elder.
Additionally,
under
the
bill,
“financial
exploitation”
25
includes
alteration
of
a
governing
instrument
by
a
person
26
who
stands
in
a
position
of
trust
or
confidence
with
the
27
vulnerable
elder.
The
bill
provides
a
definition
of
“governing
28
instrument”.
29
The
bill
also
amends
the
definition
of
“vulnerable
elder”
30
to
include
a
person
60
years
of
age
or
older
who
is
unable
to
31
protect
the
person’s
self
from
elder
abuse
due
to
a
personal
32
circumstance
which
results
in
an
increased
risk
of
physical,
33
financial,
or
psychological
harm
to
the
person.
The
bill
34
provides
that
clear
and
convincing
evidence
of
physical,
35
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psychological,
or
financial
harm
to
a
person
creates
a
1
rebuttable
presumption
that
the
person
was
unable
to
protect
2
the
person’s
self.
3
The
bill
provides
that
a
proceeding
under
Code
chapter
235F
4
(elder
abuse)
shall
afford
a
vulnerable
elder
due
process
of
5
law.
6
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