Sec. 4. (a) A person commits financial exploitation of a senior consumer when the person knowingly and by deception or intimidation obtains control over the property of a senior consumer or illegally uses the assets or resources of a senior consumer.

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Terms Used In Indiana Code 24-4.6-6-4

  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Fiduciary: A trustee, executor, or administrator.
  • Fraud: Intentional deception resulting in injury to another.
  • Property: includes personal and real property. See Indiana Code 1-1-4-5
     (b) The illegal use of the assets or resources of a senior consumer includes, but is not limited to, the misappropriation of those assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, intimidation, or use of the assets or resources contrary to law.

     (c) Nothing in this section shall be construed to impose civil liability on a person who has made a good faith effort to assist a senior consumer in the management of the senior consumer’s property, but through no fault of the person has been unable to provide such assistance.

     (d) It is not a defense in an action under this chapter that a person reasonably believed that the victim was not a senior consumer.

As added by P.L.250-2013, SEC.1.

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