BILL NUMBER: S5515 REVISED 5/5/2023
SPONSOR: BROUK
 
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 abused 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
inheriting any distributive share on the estate of a vulnerable elderly
person. This section also includes the definition of caregiver, elder
abuse, physical abuse, sexual abuse, emotional abuse, active neglect,
passive neglect and financial exploitation of vulnerable elderly people.
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. The intended ramifica-
tion of this legislation would prohibit a caregiver who has a familial
relation to the elder to take any inheritance that passed through with-
out a will.
 
LEGISLATIVE HISTORY:
S7502 of 2022. Referred to Judiciary.
A10881 of 2020. Referred to Judiciary.
 
FISCAL IMPLICATIONS:
None.
 
EFFECTIVE DATE:
This act shall take effect 180 days after it becomes law.