CS/HB 1041 Summary

• Expands Office of Statewide Prosecution authority to investigate and prosecute offenses involving abuse, neglect, exploitation, or aggravated manslaughter of elderly persons and disabled adults under chapter 825.

• Persons convicted of abuse, neglect, or exploitation of elderly persons or disabled adults are disqualified from serving as personal representatives, and forfeiture provisions apply to their inheritances, survivorship rights, and trust interests unless the victim executes a written instrument ratifying retention of such benefits.

• Defines "improper benefit" and "kickback" and expands the definition of abuse to include intentional isolation or restriction of access to family members, and exploitation to include fiduciary breaches, account misappropriation, failure to provide necessities, and unauthorized modification of wills or trusts.

• Allows ex parte temporary injunctions for protection against exploitation of vulnerable adults to be extended one additional time for up to 30 days, with hearing requirements adjusted accordingly.

• Effective date: July 1, 2021.