Guam § 32 - Permissive Presumption of Exploitation.

§ 32. Permissive Presumption of Exploitation.

Any inter vivos transfer of money or property valued in

excess of Ten Thousand Dollars ($10,000) at the time of the

transfer, whether in a single transaction or multiple transactions,

by a person fifty-five (55) years of age or older to a nonrelative

whom the transferor knew for fewer than two (2) years before

the first (1st) transfer and for which the transferor did not receive

the reasonably equivalent financial value in goods or services

creates a permissive presumption that the transfer was the result

of exploitation.

(a) This Section applies regardless of whether the

transfer or transfers are denoted by the parties as a gift or

loan, except that it does not apply to a valid loan evidenced

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DISABILITIES

in writing that includes definite repayment dates. However,

if repayment of any such loan is in default, in whole or in

part, for more than sixty-five (65) days, the presumption of

this Section applies.

(b) This Section does not apply to:

(1) persons who are in the business of making

loans; and

(2) bona fide charitable donations to nonprofit

organizations that qualify for tax exempt status.

(c) In a criminal case to which this Section applies, if

the trial is by jury, jurors shall be instructed that they may,

but are not required to, draw an inference of exploitation

upon proof beyond a reasonable doubt of the facts listed in

this Section. The presumption of this Section imposes no

burden of proof on the defendant.