HB1385112th GA (Historical)Introduced

Amends TCA Title 39 and Title 71.

Generally, the Tennessee Adult Protection Act establishes procedures for reporting, investigating, and preventing abuse, neglect, or exploitation against adults who are over 60 years of age or who have a physical or mental dysfunction. The Act defines "exploitation" to mean the improper use by a caretaker of funds that have been paid by a governmental agency to an adult or to the caretaker for the use or care of the adult. This bill redefines "exploitation" to mean:<br /> <br /> (1) The use of deception, intimidation, undue influence, force, or threat of force to obtain or exert unauthorized control over an elderly or vulnerable adult's property with the intent to deprive the elderly or vulnerable adult of property;<br /> <br /> (2) The breach of a fiduciary duty to an elderly or vulnerable adult by the person's guardian, conservator, or agent under a power of attorney which results in an appropriation, sale, or transfer of the elderly or vulnerable adult's property; or<br /> <br /> (3) The act of obtaining or exercising control over an elderly or vulnerable adult's property, without receiving the elderly or vulnerable adult's effective consent, by a caregiver committed with the intent to benefit the caregiver or other third party.<br />

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Overview

Generally, the Tennessee Adult Protection Act establishes procedures for reporting, investigating, and preventing abuse, neglect, or exploitation against adults who are over 60 years of age or who have a physical or mental dysfunction. The Act defines "exploitation" to mean the improper use by a caretaker of funds that have been paid by a governmental agency to an adult or to the caretaker for the use or care of the adult. This bill redefines "exploitation" to mean:<br /> <br /> (1) The use of deception, intimidation, undue influence, force, or threat of force to obtain or exert unauthorized control over an elderly or vulnerable adult's property with the intent to deprive the elderly or vulnerable adult of property;<br /> <br /> (2) The breach of a fiduciary duty to an elderly or vulnerable adult by the person's guardian, conservator, or agent under a power of attorney which results in an appropriation, sale, or transfer of the elderly or vulnerable adult's property; or<br /> <br /> (3) The act of obtaining or exercising control over an elderly or vulnerable adult's property, without receiving the elderly or vulnerable adult's effective consent, by a caregiver committed with the intent to benefit the caregiver or other third party.<br />

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Sponsor

Unknown

Details
Session

112th General Assembly

Introduced

February 22, 2021

Subjects
15361393

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HB1385: Amends TCA Title 39 and Title 71. | LegisGo