STATE OF NEW YORK
________________________________________________________________________
5515
2023-2024 Regular Sessions
IN SENATE
March 7, 2023
___________
Introduced by Sen. BROUK -- read twice and ordered printed, and when
printed to be committed to the Committee on Judiciary
AN ACT to amend the estates, powers and trusts law, in relation to
prohibiting an individual convicted of a crime involving elder abuse
from inheriting from the elder's estate as a distributee
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The estates, powers and trusts law is amended by adding a
2 new section 4-1.7 to read as follows:
3 § 4-1.7 Disqualification of a caregiver to take intestate share; elder
4 abuse
5 (a) Notwithstanding any other provision of law to the contrary, a
6 caregiver convicted of a crime against a vulnerable elderly person
7 involving elder abuse shall not be entitled to any distributive share in
8 the estate of such vulnerable elderly person.
9 (b) For the purposes of this section, the following terms shall have
10 the following meanings:
11 (1) "Vulnerable elderly person" means a person sixty years of age or
12 older who is suffering from a disease or infirmity associated with
13 advanced age and manifested by demonstrable physical, mental, or
14 emotional dysfunction to the extent that the person is incapable of
15 adequately providing for his or her own health or personal care.
16 (2) "Caregiver" means a person who (i) assumes responsibility for the
17 care of a vulnerable elderly person voluntarily or pursuant to a court
18 order; or (ii) receives monetary or other valuable consideration for
19 providing care for a vulnerable elderly person.
20 (3) "Elder abuse" means physical abuse, sexual abuse, emotional abuse,
21 active neglect, passive neglect, or financial exploitation of a vulner-
22 able elderly person by a caregiver.
23 (4) "Physical abuse" means the non-accidental use of force that
24 results in bodily injury, pain or impairment, including but not limited
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01715-01-3
S. 5515 2
1 to, being slapped, burned, cut, bruised or improperly physically
2 restrained.
3 (5) "Sexual abuse" means non-consensual touching, rape, sodomy,
4 coerced nudity, sexual photography or sexual contact of any kind,
5 including but not limited to, forcing sexual contact or forcing sex with
6 a third party.
7 (6) "Emotional abuse" means willful infliction of mental or emotional
8 anguish by threat, humiliation, intimidation or other abusive conduct,
9 including but not limited to, frightening or isolating an adult.
10 (7) "Active neglect" means willful failure by a caregiver to fulfill
11 the care-taking functions and responsibilities assumed by such caregiv-
12 er, including but not limited to, abandonment, willful deprivation of
13 food, water, heat, clean clothing and bedding, eyeglasses or dentures,
14 or health related services.
15 (8) "Passive neglect" means non-willful failure of a caregiver to
16 fulfill care-taking functions and responsibilities assumed by such care-
17 giver, including but not limited to, abandonment or denial of food or
18 health related services because of inadequate caregiver knowledge,
19 infirmity, or disputing the value of prescribed services.
20 (9) "Financial exploitation" means improper use of an adult's funds,
21 property or resources by another individual, including but not limited
22 to, fraud, false pretenses, embezzlement, conspiracy, forgery, falsify-
23 ing records, coerced property transfers or denial of access to assets.
24 § 2. This act shall take effect on the one hundred eightieth day after
25 it shall have become a law.
