§ 13-601. Definitions
West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2021
Effective: October 1, 2021
MD Code, Estates and Trusts, § 13-601
§ 13-601. Definitions
(b) “Activities of daily living” means basic activities of daily living and instrumental activities of daily living.
(c) “Basic activities of daily living” means the routine activities that people do every day without assistance that include:
(d) “Deception” means a misrepresentation or concealment of a material fact relating to services rendered, disposition of property, or the use of property intended to benefit a susceptible adult or older adult.
(e)(1) “Financial exploitation” means an act taken by a person who:
(i) Stands in a position of trust and confidence with a susceptible adult or older adult and who knowingly obtains or uses, or endeavors to obtain or use, a susceptible adult's or older adult's funds, assets, or property with the intent to temporarily or permanently deprive the susceptible adult or older adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the susceptible adult or older adult, in such a manner that is not fair and reasonable;
(ii) By deception, false pretenses, false promises, larceny, embezzlement, misapplication, conversion, intimidation, coercion, isolation, excessive persuasion, or similar actions and tactics, obtains or uses, or endeavors to obtain or use, a susceptible adult's or older adult's funds, assets, or property with the intent to temporarily or permanently deprive the susceptible adult or older adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the susceptible adult or older adult; or
(iii) Knows or should know that a susceptible adult or older adult lacks capacity to consent and who obtains or uses, or endeavors to obtain or use, the susceptible adult's or older adult's funds, assets, or property with the intent to temporarily or permanently deprive the susceptible adult or older adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the susceptible adult or older adult.
(3) “Financial exploitation” does not include an individual's good-faith use of a susceptible adult's or older adult's assets, including for the purposes of establishing and implementing an estate plan intended to reduce taxes or to maximize eligibility for public benefits in order to preserve assets for an identified or identifiable person.
(f) “Instrumental activities of daily living” means the skills and abilities needed to perform day-to-day tasks associated with an independent lifestyle, including:
(g) “Intimidation” means a communication, by word or act, that a susceptible adult or older adult will suffer physical violence or emotional injury or will be deprived of food, nutrition, clothing, shelter, supervision, medicine, medical services, money, social interaction, or emotional or financial support.
(h) “Obtains or uses” means any manner of taking or exercising control over property or making any use, disposition, or transfer of property.
(j) “Position of trust and confidence” means a relationship, whether formed by a formal or informal agreement between a susceptible adult or older adult and another person or recognized by a formal declaration or court order, in which:
(k) “Susceptible adult” means an adult who is unable to perform, without prompting or assistance, one or more activities of daily living, is unable to protect the adult's rights, or has diminished executive functioning, due to:
Credits
Added by Acts 2021, c. 311, § 1, eff. Oct. 1, 2021.
MD Code, Estates and Trusts, § 13-601, MD EST & TRST § 13-601
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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