SECTION 1. Section 1 of chapter 19C of the General Laws, as appearing in the 2014 Official Edition, is hereby amended by inserting after the words "disabled person", in line 4, the following words:- or financial exploitation of a disabled person.
SECTION 2. Said section 1 of chapter 19C of the General Laws, as so appearing, is hereby further amended by inserting, after the definition of “Disabled Person”, the following definition:-
“Financial exploitation”, an act or omission by a caretaker, which causes a substantial monetary or property loss to a disabled person, or causes a substantial monetary or property gain to a caretaker, which gain would otherwise benefit the disabled person but for the act or omission of such caretaker; provided, however, that such an act or omission shall not be construed as financial exploitation if the disabled person has knowingly consented to such act or omission unless such consent is a consequence of misrepresentation, undue influence, coercion or threat of force by such caretaker; and, provided further, that financial exploitation shall not be construed to interfere with or prohibit a bona fide gift by a disabled person or to apply to any act or practice in the conduct of any trade or commerce declared unlawful by section 2 of chapter 93A of the General Laws.
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