Senate Bill S5515

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5515
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                               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:
 
   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
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD01715-01-3
              

 S. 5515                             2
 
 TO,  BEING  SLAPPED,  BURNED,  CUT,  BRUISED  OR  IMPROPERLY  PHYSICALLY
 RESTRAINED.
   (5)  "SEXUAL  ABUSE"  MEANS  NON-CONSENSUAL  TOUCHING,  RAPE,  SODOMY,
 COERCED NUDITY, SEXUAL  PHOTOGRAPHY  OR  SEXUAL  CONTACT  OF  ANY  KIND,
 INCLUDING BUT NOT LIMITED TO, FORCING SEXUAL CONTACT OR FORCING SEX WITH
 A THIRD PARTY.
   (6)  "EMOTIONAL ABUSE" MEANS WILLFUL INFLICTION OF MENTAL OR EMOTIONAL
 ANGUISH BY THREAT, HUMILIATION, INTIMIDATION OR OTHER  ABUSIVE  CONDUCT,
 INCLUDING BUT NOT LIMITED TO, FRIGHTENING OR ISOLATING AN ADULT.
   (7)  "ACTIVE  NEGLECT" MEANS WILLFUL FAILURE BY A CAREGIVER TO FULFILL
 THE CARE-TAKING FUNCTIONS AND RESPONSIBILITIES ASSUMED BY SUCH  CAREGIV-
 ER,  INCLUDING  BUT  NOT LIMITED TO, ABANDONMENT, WILLFUL DEPRIVATION OF
 FOOD, WATER, HEAT, CLEAN CLOTHING AND BEDDING, EYEGLASSES  OR  DENTURES,
 OR HEALTH RELATED SERVICES.
   (8)  "PASSIVE  NEGLECT"  MEANS  NON-WILLFUL  FAILURE OF A CAREGIVER TO
 FULFILL CARE-TAKING FUNCTIONS AND RESPONSIBILITIES ASSUMED BY SUCH CARE-
 GIVER, INCLUDING BUT NOT LIMITED TO, ABANDONMENT OR DENIAL  OF  FOOD  OR
 HEALTH  RELATED  SERVICES  BECAUSE  OF  INADEQUATE  CAREGIVER KNOWLEDGE,
 INFIRMITY, OR DISPUTING THE VALUE OF PRESCRIBED SERVICES.
   (9) "FINANCIAL EXPLOITATION" MEANS IMPROPER USE OF AN  ADULT'S  FUNDS,
 PROPERTY  OR  RESOURCES BY ANOTHER INDIVIDUAL, INCLUDING BUT NOT LIMITED
 TO, FRAUD, FALSE PRETENSES, EMBEZZLEMENT, CONSPIRACY, FORGERY,  FALSIFY-
 ING RECORDS, COERCED PROPERTY TRANSFERS OR DENIAL OF ACCESS TO ASSETS.
   § 2. This act shall take effect on the one hundred eightieth day after
 it shall have become a law.