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IN HB1123
Bill
Status
1/4/2018
Primary Sponsor
Chris May
Click for details
AI Summary
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Prohibits caregivers from accepting gifts from senior consumers exceeding $15,000 in aggregate fair market value or any real estate transfers.
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Exempts immediate family members who reside with the senior consumer from the gift restriction, unless undue influence is used to obtain the gift.
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Exempts transfer instruments (wills, trusts, deeds, payable-on-death designations) executed before the caregiver assumed responsibility for the senior's care.
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Allows court actions against caregivers for violations, with courts awarding court costs, reasonable attorney's fees, and litigation expenses to prevailing senior consumers.
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Effective July 1, 2018, amending Indiana Code 24-4.6-6 concerning senior consumer protection from financial exploitation.
Legislative Description
Transfers to caregivers. Provides that a caregiver may not accept or receive one or more gifts from a senior consumer for whom the caregiver has assumed responsibility for all or a part of the care of the senior consumer who needs assistance with activities of daily living if the gift or gifts: (1) have an aggregate fair market value that exceeds $15,000; or (2) are real estate. Creates an exception for an immediate family member who resides with the senior consumer, if undue influence over the senior consumer is not used. Creates an exception for certain transfer instruments executed before
Last Action
Representative McNamara added as coauthor
1/11/2018