The bill aims to enhance the protection of vulnerable adults against fraudulent and exploitative property transactions by amending existing laws and introducing new provisions. It revises the list of mandatory reporters of abuse, neglect, or exploitation to include the clerk of the court. Additionally, it establishes a new section that requires any quitclaim deed transferring property from a specified adult to be executed in the presence of two subscribing witnesses and prohibits the recording of such deeds until a 72-hour cooling-off period has passed. The bill also allows specified adults to designate a person through a power of attorney to be contacted regarding the quitclaim deed, and mandates that the clerk notify this person and the specified adult of their rights and the status of any investigations.

Furthermore, the bill outlines procedures for handling objections to quitclaim deeds, including preliminary investigations by the clerk and potential referrals to not-for-profit legal aid organizations if further investigation is warranted. It prohibits the recording of the quitclaim deed until it is confirmed that no fraudulent or exploitative means were used in its acquisition. The bill also requires clerks to provide educational materials on the risks associated with property conveyance to protect specified adults from fraud and exploitation. The effective date for this act is set for July 1, 2026.

Statutes affected:
H 1195 Filed: 415.1034