Tuesday, December 20, 2011

FINANCIAL EXPLOITATION and ELDER ABUSE LAWS IN ILLINOIS


If you identify financial exploitation, prepare a report of what has occured, and submit to the following people: the police department where the ward lives, the Attorney General's Office of Financial Exploitation of the Elderly, the FBI, and appropriate professional licensing agencies (see index ).

Here is what the law says regarding Elder Abuse and Neglect:

AGING
(320 ILCS 20/) Elder Abuse and Neglect Act
http://www.ilga.gov/legislation/ilcs/ilcs3.asp?ActID=1452&ChapterID=31

The following information is  helpful for reporting elder abuse:
http://local-nursing-homes.com/elderabuse.cfm?state=illinois#.Tw0B-Sp5mSM

Helplines, Hotlines, and Referral Sources
To report suspected elder abuse, neglect, or exploitation in Illinois:
  • 1-866-800-1409 (For suspected elder mistreatment in the home).
  • 1-888-206-1327 (For suspected elder mistreatment in the home, TTY access).
  • 217-524-6911 (For suspected elder mistreatment in the home, out of state line).
  • 1-800-252-8966 (To reach the Senior Helpline to report suspected elder mistreatment in long-term care facilities, in state line).
  • 1-888-206-1327 (To reach the Senior Helpline to report suspected elder mistreatment in long-term care facilities, TTY access).
  • 217-524-6911 (To reach the Senior Helpline to report suspected elder mistreatment in long-term care facilities, out of state line).
Additional Information
Individuals wishing to report suspected elder mistreatment may telephone the state help lines listed above, or visit the Elder Abuse Provider Agencies Directory (PDF) to contact specific county offices directly regarding suspected elder mistreatment in the home. For suspected elder mistreatment in long-term care facilities, visit the Long-Term Care Ombudsman Directory (PDF).
For publications regarding elder abuse and aging issues, Click Here.
State Government Agencies
Laws & Regulations
Other Resources

To submit updated state hotline, helpline, or web information,  email NCEA-info@aoa.hhs.gov .






Here is what the law says regarding Financial Exploitation of an Elderly or Disabled Person:

State of Illinois Section
5/16-1.3 (720 ILCS 5/16-1.3) which provides in pertinent part:
Sec. 16-1.3. Financial exploitation of an elderly person or a person with a disability.


(a) A person commits the offense of financial exploitation of an elderly person or a
person with a disability when he or she stands in a position of trust or confidence with the
elderly person or a person with a disability and he or she knowingly and by deception or
intimidation obtains control over the property of an elderly person or a person with a
disability or illegally uses the assets or resources of an elderly person or a person with a disability. The illegal use of the assets or resources of an elderly person or a person with a

disability includes, but is not limited to, the misappropriation of those assets or resources

by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, or use

of the assets or resources contrary to law.



(b) For purposes of this Section:


(1) "Elderly person" means a person 60 years of age or older.
(2) "Person with a disability" means a person who suffers from a physical or mental impairment resulting from disease, injury, functional disorder or congenital condition that impairs the individual's mental or physical ability to independently manage his or her property or financial resources, or both.
(f) It shall not be a defense to financial exploitation of an elderly person or person
with a disability that the accused reasonably believed that the victim was not an elderly
person or person with a disability.
(g) Civil Liability. A person who is charged by information or indictment with the

offense of financial exploitation of an elderly person or person with a disability and who

fails or refuses to return the victim's property within 60 days following a written demand

from the victim or the victim's legal representative shall be liable to the victim or to the

estate of the victim in damages of treble the amount of the value of the property obtained,

plus reasonable attorney fees and court costs. The burden of proof that the defendant

unlawfully obtained the victim's property shall be by a preponderance of the evidence.

This subsection shall be operative whether or not the defendant has been convicted of the

offense.



A more thorough version of the law is found below. Please note that breaking this law is a FELONY.



720 ILCS 5/16‑1.3) (from Ch. 38, par. 16‑1.3) 


Sec. 16‑1.3. Financial exploitation of an elderly person or a person with a disability. 


(a) A person commits the offense of financial exploitation of an elderly person or a person with a disability when he or she stands in a position of trust or confidence with the elderly person or a person with a disability and he or she knowingly and by deception or intimidation obtains control over the property of an elderly person or a person with a disability or illegally uses the assets or resources of an elderly person or a person with a disability. The illegal use of the assets or resources of an elderly person or a person with a disability includes, but is not limited to, the misappropriation of those assets or resources by undue influence, breach of a fiduciary relationship, fraud, deception, extortion, or use of the assets or resources contrary to law. 


Financial exploitation of an elderly person or a person with a disability is a Class 4 felony if the value of the property is $300 or less, a Class 3 felony if the value of the property is more than $300 but less than $5,000, a Class 2 felony if the value of the property is $5,000 or more but less than $100,000 and a Class 1 felony if the value of the property is $100,000 or more or if the elderly person is over 70 years of age and the value of the property is $15,000 or more or if the elderly person is 80 years of age or older and the value of the property is $5,000 or more. 


(b) For purposes of this Section: 


(1) "Elderly person" means a person 60 years of age 
or older.


(2) "Person with a disability" means a person who 


suffers from a physical or mental impairment resulting from disease, injury, functional disorder or congenital condition that impairs the individual's mental or physical ability to independently manage his or her property or financial resources, or both.


(3) "Intimidation" means the communication to an elderly person or a person with a disability that he or she shall be deprived of food and nutrition, shelter, prescribed medication or medical care and treatment.


(4) "Deception" means, in addition to its meaning as defined in Section 15‑4 of this Code, a misrepresentation or concealment of material fact relating to the terms of a contract or agreement entered into with the elderly person or person with a disability or to the existing or pre‑existing condition of any of the property involved in such contract or agreement; or the use or employment of any misrepresentation, false pretense or false promise in order to induce, encourage or solicit the elderly person or person with a disability to enter into a contract or agreement.


(c) For purposes of this Section, a person stands in a position of trust and confidence with an elderly person or person with a disability when he (1) is a parent, spouse, adult child or other relative by blood or marriage of the elderly person or person with a disability, (2) is a joint tenant or tenant in common with the elderly person or person with a disability, (3) has a legal or fiduciary relationship with the elderly person or person with a disability, or (4) is a financial planning or investment professional. 


(d) Nothing in this Section shall be construed to limit the remedies available to the victim under the Illinois Domestic Violence Act of 1986. 


(e) Nothing in this Section shall be construed to impose criminal liability on a person who has made a good faith effort to assist the elderly person or person with a disability in the management of his or her property, but through no fault of his or her own has been unable to provide such assistance. 


(f) It shall not be a defense to financial exploitation of an elderly person or person with a disability that the accused reasonably believed that the victim was not an elderly person or person with a disability. 


(g) Civil Liability. A person who is charged by information or indictment with the offense of financial exploitation of an elderly person or person with a disability and who fails or refuses to return the victim's property within 60 days following a written demand from the victim or the victim's legal representative shall be liable to the victim or to the estate of the victim in damages of treble the amount of the value of the property obtained, plus reasonable attorney fees and court costs. The burden of proof that the defendant unlawfully obtained the victim's property shall be by a preponderance of the evidence. This subsection shall be operative whether or not the defendant has been convicted of the offense. 



(Source: P.A. 95‑798, eff. 1‑1‑09.)

7 comments:

Anonymous said...
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Anonymous said...

Excellent summary for anyone wanting basic information to report financial exploitation of the elderly. Thank you.

Anonymous said...

Thank God, finally a law to protect people who can't afford to be ripped off! Shame on anyone who takes money from the elderly or disabled! They can't even live on the money they receive as it is. These people, on SSDI, have paid into the system for years and most elderly have worked all their life or are married to one who has. We need to protect our fallen coworkers and our precious elders.

Anonymous said...

I was wondering I have a family member who was givin power of attorney over a settlement another member received after an accident. I believe they are spending all the assets for their own use. What would happen if I were to report it? I believe another person should have power of attorney and placed on the trust before all the money is gone.Any feedback would be appreciated

Advocate for the Elderly and Disabled said...
This comment has been removed by the author.
Advocate for the Elderly and Disabled said...

DId the person who won the settlement choose his/her own power of attorney? Is the person who won the settlement of sound mind? If so, they could find an attorney they trust to change their choice of power of attorney. If you were to try to petition the court and present your proof of mishandling of funds, you run the risk of inviting unethical people (judges, attorneys, and guardians) into your life...the end result would be the depletion of the estate with their fees. We cannot provide legal advice as we are not attorneys. You can read about power of attorney and probate law on this site (check the index on the right). Proceed with caution, especially if you are in Cook County.

antistatesrights4ever said...

I don't understand how it is not a defense to be unaware of the status of the alleged victims, and yet this is a felony criminal offense..what happened to "criminal intent" in the state of Illinois? This really exempts the elderly and disabled from entering into and upholding their end of any contracts actually, while essentially eliminating the protection from liability(even though it says it doesn't) anyone trying to assist them by administering their estate.

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