Rhode Island General Laws 19-34-1. Definitions
As used in this chapter:
(1) “Department” means the Rhode Island office of healthy aging.
(2) “Elder adult” means a person who is sixty (60) years of age or older.
(3) “Exploitation” means the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including, but not limited to, a caregiver or fiduciary that uses the resources of an elder adult for monetary or personal benefit, profit, gain, or that results in depriving an elder adult of rightful access to or use of benefits, resources, belongings, or assets by use, undue influence, harassment, duress, deception, false representation or false pretenses, or conduct in violation of § 11-68-2.
(4) “Financial exploitation” means:
(i) The wrongful or unauthorized taking, withholding, appropriation, or use of the money, assets, or other property or the identifying information of a person; or
(ii) Any act or omission taken by a person, including through the use of a power of attorney, guardianship, or any other legal authority, regarding an elder adult to:
(A) Obtain control through deception, intimidation, fraud, or undue influence, over the other person’s money, assets, or property to deprive the other person of the ownership, use, benefit, or possession of the property; or
(B) Convert the money, assets, or other property of the other person to deprive the other person of the ownership, use, benefit, or possession of the property.
(5) “Regulated institution” means any financial institution, credit union, or other insured deposit-taking institution, that is authorized to do business in this state, including one authorized by operation of an interstate banking statute that allowed it original entry.
History of Section.
P.L. 2021, ch. 73, § 1, effective June 23, 2021; P.L. 2021, ch. 74, § 1, effective June 23, 2021.
Terms Used In Rhode Island General Laws 19-34-1
- Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Elder adult: means a person who is sixty (60) years of age or older. See Rhode Island General Laws 19-34-1
- Exploitation: means the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including, but not limited to, a caregiver or fiduciary that uses the resources of an elder adult for monetary or personal benefit, profit, gain, or that results in depriving an elder adult of rightful access to or use of benefits, resources, belongings, or assets by use, undue influence, harassment, duress, deception, false representation or false pretenses, or conduct in violation of § 11-68-2. See Rhode Island General Laws 19-34-1
- Fiduciary: A trustee, executor, or administrator.
- Fraud: Intentional deception resulting in injury to another.
- person: may be construed to extend to and include co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
- Statute: A law passed by a legislature.