NY State Senate Bill 2021-S7502

Senate Bill S7502

2021-2022 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

Archive: Last Bill Status - In Senate Committee Judiciary 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

Please enter your contact information

First Name

Last Name

Email Address

A valid email address is required.

Home address is used to determine the senate district in which you reside. Your support or opposition to this bill is then shared immediately with the senator who represents you.

Optional services from the NY State Senate:

Create an account. An account allows you to officially support or oppose key legislation, sign petitions with a single click, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.

Include a custom message for your Senator? (Optional)

Enter a message to your senator. Many New Yorkers use this to share the reasoning behind their support or opposition to the bill. Others might share a personal anecdote about how the bill would affect them or people they care about.

Actions

View Actions

	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 05, 2022	referred to judiciary
Nov 05, 2021	referred to rules

2021-S7502 (ACTIVE) - Details

See Assembly Version of this Bill:: A7764
Current Committee:: Senate Judiciary
Law Section:: Estates, Powers and Trusts Law
Laws Affected:: Add §4-1.7, EPT L
Versions Introduced in Other Legislative Sessions:: 2019-2020: A10881
2023-2024: S5515, A369

2021-S7502 (ACTIVE) - Summary

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

2021-S7502 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S7502

SPONSOR: BROUK
 
TITLE OF BILL:

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

 
PURPOSE:

This legislation will prohibit individuals convicted of a crime involv-
ing elder abuse from inheriting from the abused elder's estate.

 
SUMMARY OF PROVISIONS:

Section 1 adds a new section 4-1.7 to the estates, powers and trusts
laws that defines how and when a person would be disqualified from
inheriting any distributive share on the estate of a vulnerable elderly
person. This section also includes the definition of caregiver, elder
abuse, physical abuse, sexual abuse, emotional abuse, active neglect,
passive neglect and financial exploitation of vulnerable elderly people.

Section 2 is the effective date.

 
JUSTIFICATION:

Elder abuse is a nationwide issue that affects millions of people each
year. Researchers and advocates collect data and compile statistics to
help better understand this widespread problem. By studying these
statistics, families can learn why abuse takes place, which groups of
seniors run a higher risk of being abused, and how to keep their loved
ones safe.

As of 2018, 52 million people in the U.S. were over the age of 65.
Nearly 1 in 10 of these people suffer from elder abuse every year,
according to some estimates. Anyone can commit elder abuse and this
legislation is addressing caregivers and their ability not to benefit
from abuse. Elder abuse takes many forms, including physical injuries,
financial exploitation, and even sexual battery.

The intended ramification of this legislation would prohibit a caregiver
who has a familial relation to the elder to take any inheritance that
passed through without a will.

 
LEGISLATIVE HISTORY:

A10881 of 2020: Referred to Judiciary

 
FISCAL IMPLICATIONS:

None.

 
EFFECTIVE DATE:
This act shall take effect 180 days after it becomes law.

2021-S7502 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7502
 
                        2021-2022 Regular Sessions
 
                             I N  S E N A T E
 
                             November 5, 2021
                                ___________
 
 Introduced  by  Sen.  BROUK  -- read twice and ordered printed, and when
   printed to be committed to the Committee on Rules
 
 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.
                                                            LBD06474-01-1

 S. 7502                             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.

Comments

Open Legislation is a forum for New York State legislation. All comments are subject to review and community moderation is encouraged.

Comments deemed off-topic, commercial, campaign-related, self-promotional; or that contain profanity, hate or toxic speech; or that link to sites outside of the nysenate.gov domain are not permitted, and will not be published. Attempts to intimidate and silence contributors or deliberately deceive the public, including excessive or extraneous posting/posts, or coordinated activity, are prohibited and may result in the temporary or permanent banning of the user. Comment moderation is generally performed Monday through Friday. By contributing or voting you agree to the Terms of Participation and verify you are over 13.

Create an account. An account allows you to sign petitions with a single click, officially support or oppose key legislation, and follow issues, committees, and bills that matter to you. When you create an account, you agree to this platform's terms of participation.