HF 3514

as introduced - 85th Legislature (2007 - 2008) Posted on 12/15/2009 12:00am

A bill for an act
relating to crime; clarifying fiduciary obligation for crimes against vulnerable
adults; amending Minnesota Statutes 2006, sections 609.232, by adding a
subdivision; 609.2335, subdivisions 1, 2.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2006, section 609.232, is amended by adding a
subdivision to read:

new text begin Subd. 12. new text end

new text begin Fiduciary obligation. new text end

new text begin "Fiduciary obligation" means a person's obligation
to a vulnerable adult who places confidence in the person and the person assumes a
position of superiority or influence over the vulnerable adult. In addition to a fiduciary
obligation recognized elsewhere in law, a fiduciary obligation occurs when a person is
a joint tenant or tenant in common in real property, financial instruments, or financial
accounts with a vulnerable adult.
new text end

Sec. 2.

Minnesota Statutes 2006, section 609.2335, subdivision 1, is amended to read:

Subdivision 1.

Crime.

Whoever does any of the following acts commits the crime
of financial exploitation:

(1) in breach of a fiduciary obligation recognized elsewhere in law, including
pertinent regulations, contractual obligations, documented consent by a competent person,
or the obligations of a responsible party under section 144.6501 intentionally deleted text begin fails to use
the financial resources deleted text end new text begin uses, manages, deprives, or takes either temporarily or permanently
the property, assets, or funds new text end of the vulnerable adult deleted text begin to provide food, clothing, shelter,
health care, therapeutic conduct, or supervision deleted text end for new text begin the benefit of someone other than new text end
the vulnerable adult; or

(2) in the absence of legal authority:

(i) acquires possession or control of an interest in deleted text begin funds or deleted text end property new text begin , assets, or funds new text end
of a vulnerable adult through the use of undue influence, harassment, or duress; or

(ii) forces, compels, coerces, or entices a vulnerable adult against the vulnerable
adult's will to perform services for the profit or advantage of another.

Sec. 3.

Minnesota Statutes 2006, section 609.2335, subdivision 2, is amended to read:

Subd. 2.

Defenses.

Nothing in this section requires a facility or caregiver to provide
financial management or supervise financial management for a vulnerable adult except
as otherwise required by law. new text begin Where the agent knows or should know the vulnerable
adult lacks the capacity to consent, consent is not a defense to the crime of financial
exploitation of a vulnerable adult.
new text end