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

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

 

The Commonwealth of Massachusetts

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PRESENTED BY:

Bruce E. Tarr

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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..

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PETITION OF:

 

Name:

District/Address:

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.

 

[SIMILAR MATTER FILED IN PREVIOUS SESSION
SEE SENATE, NO. 75 OF 2009-2010.]


The Commonwealth of Massachusetts
 

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In the Year Two Thousand Eleven

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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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