Guam § 32 - Financial Exploitation of an Elderly Person or

§ 32. Financial Exploitation of an Elderly Person or

Individual with a Disability: Defined.

A person is guilty of financial exploitation of an elderly

person or individual with a disability if he or she:

(a) knowingly obtains or uses, or endeavors to obtain

or use, an elderly person’s or individual with a disability’s

funds, assets, or property with the intent to temporarily or

permanently deprive the elderly person or individual with a

disability of the use, benefit, or possession of the funds,

assets, or property, or to benefit someone other than the

elderly person or individual with a disability, by a person

who:

(1) stands in a position of trust and confidence

with the elderly person or individual with a disability;

or

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(2) has a business relationship with the elderly

person or individual with a disability;

(b) obtains or uses, endeavors to obtain or use, or

conspires with another to obtain or use an elderly person’s

or individual with a disability’s funds, assets, or property

with the intent to temporarily or permanently deprive the

elderly person or individual with a disability of the use,

benefit, or possession of the funds, assets, or property, or to

benefit someone other than the elderly person or individual

with a disability, by a person who knows or reasonably

should know that the elderly person or individual with a

disability lacks the capacity to consent;

(c) is a guardian, a trustee who is an individual, or an

agent under a power of attorney who breaches a fiduciary

duty to the elderly person or individual with a disability

which results in an unauthorized appropriation, sale, or

transfer of property. An unauthorized appropriation, sale, or

transfer of property, under this Subsection occurs when the

elderly person or individual with a disability does not

receive the reasonably equivalent financial value in goods

or services, or when the fiduciary violates any of these

duties:

(1) for appointed agents:

(A) committing fraud in obtaining their

appointments;

(B) abusing their powers;

(C) embezzling or intentionally mismanaging

the assets of the principal or beneficiary; or

(D) acting contrary to the principal’s sole

benefit or best interest;

(2) for guardians and trustees:

(A) committing fraud in obtaining their

appointments;

(B) abusing their powers; or

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(C) embezzling or intentionally mismanaging

the assets of the principal or beneficiary;

(d) misappropriates, misuses, or transfers without

authorization, money belonging to an elderly person or

individual with a disability from an account in which the

elderly person or individual with a disability placed the

funds, owned the funds, and was the sole contributor or

payee of the funds before the misappropriation, misuse, or

unauthorized transfer occurred. This Subsection only

applies to the following types of accounts:

(1) personal accounts;

(2) joint accounts created with the intent that only

the elderly person or individual with a disability enjoys

all rights, interests, and claims to moneys deposited

into such account; or

(3) convenience accounts;

(e) is a caregiver or a person who stands in a position

of trust and confidence with the elderly person or individual

with a disability who intentionally or negligently fails to

effectively use an elderly person’s or individual with a

disability’s income and assets for the necessities required

for that person’s support and maintenance.