Rhode Island § 19-34-1 - The Elder Adult Financial Exploitation Prevention Act

§ 19-34-1. Definitions.

As used in this chapter:

(1) “Department” means the Rhode Island office of healthy aging.

(2) “Elder adult” means a person who is sixty (60) years of age or older.

(3) “Exploitation” means the fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including, but not limited to, a caregiver or fiduciary that uses the resources of an elder adult for monetary or personal benefit, profit, gain, or that results in depriving an elder adult of rightful access to or use of benefits, resources, belongings, or assets by use, undue influence, harassment, duress, deception, false representation or false pretenses, or conduct in violation of § 11-68-2.

(4) “Financial exploitation’' means:

(i) The wrongful or unauthorized taking, withholding, appropriation, or use of the money, assets, or other property or the identifying information of a person; or

(ii) Any act or omission taken by a person, including through the use of a power of attorney, guardianship, or any other legal authority, regarding an elder adult to:

(A) Obtain control through deception, intimidation, fraud, or undue influence, over the other person’s money, assets, or property to deprive the other person of the ownership, use, benefit, or possession of the property; or

(B) Convert the money, assets, or other property of the other person to deprive the other person of the ownership, use, benefit, or possession of the property.

(5) “Regulated institution” means any financial institution, credit union, or other insured deposit-taking institution, that is authorized to do business in this state, including one authorized by operation of an interstate banking statute that allowed it original entry.