Amends TCA Title 36, Chapter 3, Part 6 and Title 71.
ON APRIL 12, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 979, AS AMENDED. AMENDMENT #1 rewrites this bill to revise present law definitions relative to abuse, as described below. Under present law, with regard to laws relative to domestic abuse, "abuse" means inflicting, or attempting to inflict, physical injury on an adult or minor by other than accidental means; placing an adult or minor in fear of, or in, physical harm or physical restraint; or causing malicious damage to the personal property of the abused party. This amendment expands the above definition to also include intentionally engaging in behavior that amounts to financial abuse; and defines "financial abuse" as behavior that is coercive, that is deceptive, or that unreasonably controls or restrains a person's ability to acquire, use, or maintain economic resources to which the person is entitled, including using coercion, fraud, or manipulation to do the following: (1) Restrict a person's access to money, assets, credit, or financial information; (2) Unfairly use a person's economic resources, including money, assets, and credit, to gain an advantage; or (3) Exert undue influence over a person's financial behavior or decisions, including forcing default on joint or other financial obligations; exploiting powers of attorney, guardianship, or conservatorship; or failing or neglecting to act in the best interest of the person to whom a fiduciary duty is owed. Under present law, the Tennessee Adult Protection Act defines "abuse or neglect" as the infliction of physical pain, injury, or mental anguish, or the deprivation of services by a caretaker that are necessary to maintain the health and welfare of an adult, or the creation of a situation in which an adult is unable to provide or obtain the services that are necessary to maintain that person's health or welfare. This amendment revises the above definition, such that "abuse or neglect" means an unreasonable expression of authority in which a caretaker: (1) Inflicts physical pain, injury, or mental anguish; (2) Deprives the adult of services that are necessary to maintain the health and welfare of the adult; or (3) Creates a situation in which the adult is unable to provide or obtain the services that are necessary to maintain the adult's personal health or welfare, including financial abuse.
ON APRIL 12, 2023, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 979, AS AMENDED. AMENDMENT #1 rewrites this bill to revise present law definitions relative to abuse, as described below. Under present law, with regard to laws relative to domestic abuse, "abuse" means inflicting, or attempting to inflict, physical injury on an adult or minor by other than accidental means; placing an adult or minor in fear of, or in, physical harm or physical restraint; or causing malicious damage to the personal property of the abused party. This amendment expands the above definition to also include intentionally engaging in behavior that amounts to financial abuse; and defines "financial abuse" as behavior that is coercive, that is deceptive, or that unreasonably controls or restrains a person's ability to acquire, use, or maintain economic resources to which the person is entitled, including using coercion, fraud, or manipulation to do the following: (1) Restrict a person's access to money, assets, credit, or financial information; (2) Unfairly use a person's economic resources, including money, assets, and credit, to gain an advantage; or (3) Exert undue influence over a person's financial behavior or decisions, including forcing default on joint or other financial obligations; exploiting powers of attorney, guardianship, or conservatorship; or failing or neglecting to act in the best interest of the person to whom a fiduciary duty is owed. Under present law, the Tennessee Adult Protection Act defines "abuse or neglect" as the infliction of physical pain, injury, or mental anguish, or the deprivation of services by a caretaker that are necessary to maintain the health and welfare of an adult, or the creation of a situation in which an adult is unable to provide or obtain the services that are necessary to maintain that person's health or welfare. This amendment revises the above definition, such that "abuse or neglect" means an unreasonable expression of authority in which a caretaker: (1) Inflicts physical pain, injury, or mental anguish; (2) Deprives the adult of services that are necessary to maintain the health and welfare of the adult; or (3) Creates a situation in which the adult is unable to provide or obtain the services that are necessary to maintain the adult's personal health or welfare, including financial abuse.
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