Section 33-19.1-1. – Short title.

§ 33-19.1-1. Short title. This chapter shall be known and may be cited as the “Financial Exploitation of Elders and Dependent Persons Act.” History of Section.P.L. 2014, ch. 491, § 1.

Section 33-19.1-2. – Definitions.

§ 33-19.1-2. Definitions. As used in this chapter: (1) “Care custodian” means a person who provides health or social services to a dependent adult, except that “care custodian” does not include a person who provided services without remuneration if the person had a personal relationship with the dependent adult: (i) At least ninety (90) days […]

Section 33-19.1-3. – Prohibited transaction.

§ 33-19.1-3. Prohibited transaction. (a) A provision of any document or instrument, including commercial instruments as defined in title 6A, making a donative transfer to any of the following persons is presumed to be the product of fraud or undue influence: (1) The person who drafted the instrument; (2) A person in a fiduciary relationship […]

Section 33-19.1-4. – Exceptions.

§ 33-19.1-4. Exceptions. Section 33-19.1-3 does not apply to any of the following instruments or transfers: (1) A donative transfer to a person who is related by blood or affinity, within the fourth (4th) degree, to the transferor or is the cohabitant of the transferor. (2) An instrument that is drafted or transcribed by a […]

Section 33-19.1-5. – Review by independent attorney — Certificate of review.

§ 33-19.1-5. Review by independent attorney — Certificate of review. (a) A gift is not subject to § 33-19.1-3 if the instrument is reviewed by an independent attorney who counsels the transferor, out of the presence of any heir or proposed beneficiary, about the nature and consequences of the intended transfer, including the effect of […]

Section 33-19.1-6. – Failure of gift.

§ 33-19.1-6. Failure of gift. If a gift fails under this chapter, the instrument making the gift shall operate as if the beneficiary had predeceased the transferor without spouse, domestic partner, or issue. History of Section.P.L. 2014, ch. 491, § 1.

Section 33-19.1-7. – Liability.

§ 33-19.1-7. Liability. (a) A person is not liable for transferring property pursuant to an instrument that is subject to the presumption created under § 33-19.1-3, unless the person is served with notice, prior to transferring the property, that the instrument has been contested under this section. (b) A person who is served with notice […]

Section 33-19.1-8. – Non-Waiveability.

§ 33-19.1-8. Non-Waiveability. This chapter applies notwithstanding a contrary provision in an instrument. History of Section.P.L. 2014, ch. 491, § 1.

Section 33-19.1-9. – Applicability to present documents.

§ 33-19.1-9. Applicability to present documents. (a) This section shall apply to instruments that become irrevocable on or after January 1, 2015. For the purposes of this section, an instrument that is otherwise revocable or amendable shall be deemed to be irrevocable if, on or after January 1, 2015, the transferor by reason of incapacity […]