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On January 1, 2015, a new law went into effect in New Hampshire criminalizing certain conduct that constitutes financial exploitation or undue influence of elderly, disabled, or impaired adults. Under the new statute, codified at RSA 631:9 and RSA 631:10, and through certain amendments to RSA 631:8, the criminal penalties range from a misdemeanor to a class A felony, depending on the value of the funds, assets, or property involved in the exploitation. Additionally, the guilty party will be required to make full restitution to the harmed individual for the value of the exploited assets.
The new law defines who qualifies as an “impaired adult” for the protections afforded by the law and establishes a statutory definition for criminal “undue influence.” Thanks to the new law, state and local law enforcement agencies now have concurrent jurisdiction to investigate reports of abuse, neglect, or exploitation of the elderly through, among other things, certain knowing or reckless breaches of fiduciary duty or, in the absence of a fiduciary relationship, knowing or reckless conduct that amounts to undue influence, harassment, duress, force, compulsion, or coercion of the types of persons protected by the law and bringing about certain circumstances the law seeks to deter. Now, in addition to, or perhaps in lieu of, pursuing a civil remedy through a personal lawsuit, restitution for misappropriated funds, assets, or property can be obtained for the harmed party through the criminal justice system.
This new law explicitly states that it does not impose any specific obligation on health or residential care facilities licensed under RSA 151, or any specific persons, to provide financial management or services for the elderly or disabled, unless otherwise required by law. Additionally, the new law does not criminalize good faith efforts by persons who attempt to assist the elderly with financial management where such effort fails through no fault of the assisting person. To the contrary, the statute is focused on penalizing persons who knowingly or recklessly engage in certain breaches of their fiduciary duties or commit acts of undue influence, harassment, duress, force, compulsion, or coercion over elderly, disabled, or impaired adults.
This new law should provide a significant measure of recourse for vulnerable persons who are victims of financial exploitation and protect New Hampshire residents by deterring long-condemned behavior. Additionally, the law provides a stick and clarifies what state and local law enforcement can do to investigate and prosecute these acts of misconduct.
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The Devine, Millimet & Branch Probate Litigation Group offers this free periodic Newsletter to provide information regarding probate litigation news and other probate-related topics. If you have any questions about this e-mail, or if you know of others who may be interested in receiving these alerts, please contact us at probate@devinemillimet.com.
This is not a legal document nor is it intended to serve as legal advice or a legal opinion. Devine, Millimet & Branch, P.A. makes no representations that this is a complete or final description or procedure that would ensure legal compliance and does not intend that the reader should rely on it as such.
Copyright © 2015 Devine Millimet & Branch, Professional Association
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