NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A3328
SPONSOR: Bronson 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 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 being
entitled to any distributive share on the estate of a vulnerable elderly
person. This section includes the definition of caregiver, elder abuse,
physical abuse, sexual abuse, emotional abuse, active neglect, passive
neglect, and financial exploration of vulnerable elderly person.
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.
LEGISLATIVE HISTORY:
A10881 of 2020: Referred to Judiciary
A7764 of 2021-22: referred to Judiciary
A369 of 2023-24: referred to Judiciary
FISCAL IMPLICATIONS:
None.
EFFECTIVE DATE:
This act shall take effect 180 days after it becomes law.
STATE OF NEW YORK
________________________________________________________________________
3328
2025-2026 Regular Sessions
IN ASSEMBLY
January 27, 2025
___________
Introduced by M. of A. BRONSON -- read once and referred to the Commit-
tee 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:
1 Section 1. The estates, powers and trusts law is amended by adding a
2 new section 4-1.7 to read as follows:
3 § 4-1.7 Disqualification of a caregiver to take intestate share; elder
4 abuse
5 (a) Notwithstanding any other provision of law to the contrary, a
6 caregiver convicted of a crime against a vulnerable elderly person
7 involving elder abuse shall not be entitled to any distributive share in
8 the estate of such vulnerable elderly person.
9 (b) For the purposes of this section, the following terms shall have
10 the following meanings:
11 (1) "Vulnerable elderly person" means a person sixty years of age or
12 older who is suffering from a disease or infirmity associated with
13 advanced age and manifested by demonstrable physical, mental, or
14 emotional dysfunction to the extent that the person is incapable of
15 adequately providing for such person's own health or personal care.
16 (2) "Caregiver" means a person who (i) assumes responsibility for the
17 care of a vulnerable elderly person voluntarily or pursuant to a court
18 order; or (ii) receives monetary or other valuable consideration for
19 providing care for a vulnerable elderly person.
20 (3) "Elder abuse" means physical abuse, sexual abuse, emotional abuse,
21 active neglect, passive neglect, or financial exploitation of a vulner-
22 able elderly person by a caregiver.
23 (4) "Physical abuse" means the non-accidental use of force that
24 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.
LBD00323-01-5
A. 3328 2
1 to, being slapped, burned, cut, bruised or improperly physically
2 restrained.
3 (5) "Sexual abuse" means non-consensual touching, rape, sodomy,
4 coerced nudity, sexual photography or sexual contact of any kind,
5 including but not limited to, forcing sexual contact or forcing sex with
6 a third party.
7 (6) "Emotional abuse" means willful infliction of mental or emotional
8 anguish by threat, humiliation, intimidation or other abusive conduct,
9 including but not limited to, frightening or isolating an adult.
10 (7) "Active neglect" means willful failure by a caregiver to fulfill
11 the care-taking functions and responsibilities assumed by such caregiv-
12 er, including but not limited to, abandonment, willful deprivation of
13 food, water, heat, clean clothing and bedding, eyeglasses or dentures,
14 or health related services.
15 (8) "Passive neglect" means non-willful failure of a caregiver to
16 fulfill care-taking functions and responsibilities assumed by such care-
17 giver, including but not limited to, abandonment or denial of food or
18 health related services because of inadequate caregiver knowledge,
19 infirmity, or disputing the value of prescribed services.
20 (9) "Financial exploitation" means improper use of an adult's funds,
21 property or resources by another individual, including but not limited
22 to, fraud, false pretenses, embezzlement, conspiracy, forgery, falsify-
23 ing records, coerced property transfers or denial of access to assets.
24 § 2. This act shall take effect on the one hundred eightieth day after
25 it shall have become a law.
