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SENATE DOCKET, NO. 612         FILED ON: 1/19/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 67


The Commonwealth of Massachusetts



Bruce E. Tarr


To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
              Court assembled:

              The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act protecting disabled persons from financial exploitation..






Bruce E. Tarr


Richard J. Ross

Norfolk, Bristol, and Middlesex

Sonia Chang-Diaz


Sal N. DiDomenico

Middlesex, Suffolk, and Essex

James B. Eldridge


Susan C. Fargo


Ann-Margaret Ferrante

5th Essex

Richard T. Moore


James E. Timilty


SENATE DOCKET, NO. 612        FILED ON: 1/19/2011

SENATE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No. 67

By Mr. Tarr, a petition (accompanied by bill, Senate, No. 67) of Bruce E. Tarr, Richard J. Ross, Sonia Chang-Diaz, Sal N. DiDomenico and other members of the General Court for legislation to protect disabled persons from financial exploitation.  Children, Families and Persons with Disabilities.


SEE SENATE, NO. 75 OF 2009-2010.]

The Commonwealth of Massachusetts


In the Year Two Thousand Eleven



An Act protecting disabled persons from financial exploitation..

              Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:

              SECTION 1.  Section 1 of chapter 19C of the General Laws, as appearing in the 2008 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 is hereby further amended by inserting 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 93 A of the General Laws.

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