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Can you summarize NHRS 631:9?
ASSAULT AND RELATED OFFENSES > Financial Exploitation of an Elderly, Disabled, or Impaired Adult.
Short Summary
This legal document, part of the New Hampshire Revised Statutes, falls under the Criminal Code and specifically addresses the financial exploitation of elderly, disabled, or impaired adults. It outlines the acts that constitute financial exploitation and the penalties for committing such acts. The document applies to any person who breaches a fiduciary obligation recognized in law, knowingly or recklessly uses the property or financial resources of the elderly, disabled, or impaired adult for their own profit or advantage, or induces the adult to perform services for the benefit of another against their will. It also covers situations where a person establishes a fiduciary relationship with an elderly, disabled, or impaired adult that gives them control over their property or financial resources. The document clarifies that state and local law enforcement agencies have jurisdiction to investigate reports of abuse, neglect, or exploitation of vulnerable adults, including crimes against elderly, disabled, or impaired adult victims. It also states that health or residential care facilities and individuals are not required to provide financial management or supervision for an elderly, disabled, or impaired adult, except as otherwise required by law. The document emphasizes that lack of capacity to consent is not a defense to a violation of this section, and it does not impose criminal liability on a person who makes a good faith effort to assist an elderly, disabled, or impaired adult in managing their funds, assets, or property if the effort fails through no fault of their own.
Whom does it apply to?
Any person who commits acts of financial exploitation against an elderly, disabled, or impaired adult
What does it govern?
Financial exploitation of an elderly, disabled, or impaired adult
What are exemptions?
Health or residential care facilities licensed under RSA 151 and any person, except as otherwise required by law, are not required to provide financial management or supervise financial management for an elderly, disabled, or impaired adult
What are the Penalties?
Penalized pursuant to RSA 631:10
Jurisdiction
New Hampshire