Assembly Bill A10881

2019-2020 Legislative Session

Prohibits an individual convicted of a crime involving elder abuse from inheriting from the elder's estate as a distributee

download bill text pdf

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Archive: Last Bill Status - In Assembly Committee


  • Introduced
    • In Committee Assembly
    • In Committee Senate
    • On Floor Calendar Assembly
    • On Floor Calendar Senate
    • Passed Assembly
    • Passed Senate
  • Delivered to Governor
  • Signed By Governor

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2019-A10881 (ACTIVE) - Details

Current Committee:
Assembly Judiciary
Law Section:
Estates, Powers and Trusts Law
Laws Affected:
Add §4-1.7, EPT L
Versions Introduced in Other Legislative Sessions:
2021-2022: A7764, A8831
2023-2024: A369

2019-A10881 (ACTIVE) - Summary

Prohibits an individual convicted of a crime involving elder abuse from inheriting from the elder's estate as a distributee.

2019-A10881 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10881
 
                           I N  A S S E M B L Y
 
                               July 24, 2020
                                ___________
 
 Introduced  by COMMITTEE ON RULES -- (at request of M. of A. Bronson) --
   read once and referred 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:
 
   Section  1.  The estates, powers and trusts law is amended by adding a
 new section 4-1.7 to read as follows:
 § 4-1.7 DISQUALIFICATION OF A CAREGIVER TO TAKE INTESTATE  SHARE;  ELDER
 ABUSE
   (A)  NOTWITHSTANDING  ANY  OTHER  PROVISION  OF LAW TO THE CONTRARY, A
 CAREGIVER CONVICTED OF A  CRIME  AGAINST  A  VULNERABLE  ELDERLY  PERSON
 INVOLVING ELDER ABUSE SHALL NOT BE ENTITLED TO ANY DISTRIBUTIVE SHARE IN
 THE ESTATE OF SUCH VULNERABLE ELDERLY PERSON.
   (B)  FOR  THE PURPOSES OF THIS SECTION, THE FOLLOWING TERMS SHALL HAVE
 THE FOLLOWING MEANINGS:
   (1) "VULNERABLE ELDERLY PERSON" MEANS A PERSON SIXTY YEARS OF  AGE  OR
 OLDER  WHO  IS  SUFFERING  FROM  A  DISEASE OR INFIRMITY ASSOCIATED WITH
 ADVANCED  AGE  AND  MANIFESTED  BY  DEMONSTRABLE  PHYSICAL,  MENTAL,  OR
 EMOTIONAL  DYSFUNCTION  TO  THE  EXTENT  THAT THE PERSON IS INCAPABLE OF
 ADEQUATELY PROVIDING FOR HIS OR HER OWN HEALTH OR PERSONAL CARE.
   (2) "CAREGIVER" MEANS A PERSON WHO (I) ASSUMES RESPONSIBILITY FOR  THE
 CARE  OF  A VULNERABLE ELDERLY PERSON VOLUNTARILY OR PURSUANT TO A COURT
 ORDER; OR (II) RECEIVES MONETARY OR  OTHER  VALUABLE  CONSIDERATION  FOR
 PROVIDING CARE FOR A VULNERABLE ELDERLY PERSON.
   (3) "ELDER ABUSE" MEANS PHYSICAL ABUSE, SEXUAL ABUSE, EMOTIONAL ABUSE,
 ACTIVE  NEGLECT, PASSIVE NEGLECT, OR FINANCIAL EXPLOITATION OF A VULNER-
 ABLE ELDERLY PERSON BY A CAREGIVER.
   (4) "PHYSICAL ABUSE"  MEANS  THE  NON-ACCIDENTAL  USE  OF  FORCE  THAT
 RESULTS  IN BODILY INJURY, PAIN OR IMPAIRMENT, INCLUDING BUT NOT LIMITED
 TO,  BEING  SLAPPED,  BURNED,  CUT,  BRUISED  OR  IMPROPERLY  PHYSICALLY
 RESTRAINED.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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