SB2955 Summary

• Expands definition of "financial exploitation" in probate law to include civil liability findings (not just criminal convictions) for misappropriation of assets from elderly persons or persons with disabilities through undue influence, breach of fiduciary duty, fraud, deception, extortion, or conversion.

• Persons found civilly liable for financial exploitation by preponderance of evidence (in addition to those criminally convicted) are barred from inheriting property or receiving benefits from the victim's estate, with the property passing as if they predeceased the victim.

• Allows courts discretion to reduce rather than eliminate inheritance rights for those found civilly liable for financial exploitation, considering relevant facts and circumstances.

• Permits civil actions for financial exploitation to be brought by interested persons after the victim's death or during the victim's lifetime if the victim is adjudicated disabled; guardians have discretion but no duty to bring such actions.

• Requires the Department of State Police to have access to state databases to identify persons convicted of or found civilly liable for elder abuse offenses, subject to confidentiality protections and interagency agreements.