Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
|
---|---|
Jul 24, 2020 |
referred to judiciary |
Assembly Bill A10881
2019-2020 Legislative Session
Sponsored By
BRONSON
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
Actions
2019-A10881 (ACTIVE) - Details
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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