§ 33-19.1-1 Short title
§ 33-19.1-2 Definitions
§ 33-19.1-3 Prohibited transaction
§ 33-19.1-4 Exceptions
§ 33-19.1-5 Review by independent attorney – Certificate of review
§ 33-19.1-6 Failure of gift
§ 33-19.1-7 Liability
§ 33-19.1-8 Non-Waiveability
§ 33-19.1-9 Applicability to present documents

Terms Used In Rhode Island General Laws > Chapter 33-19.1 - Financial Exploitation of Elders and Dependent Persons Act

  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • 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 before providing those services; (ii) At least six (6) months before the dependent adult's death; and (iii) Before the dependent adult was admitted to hospice care, if the dependent adult was admitted to hospice care. See Rhode Island General Laws 33-19.1-2
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Dependent: A person dependent for support upon another.
  • Dependent adult: means a person who, at the time of executing the instrument at issue under this section, was a person described in either of the following:

    (i) The person was sixty-five (65) years of age or older and satisfied one or both of the following criteria:

    (A) The person was unable to provide properly for his or her personal needs for physical health, food, clothing, or shelter;

    (B) Due to one or more deficits in the mental functions listed in § 11-5-12(b)(2), the person had difficulty managing his or her own financial resources or resisting fraud or undue influences. See Rhode Island General Laws 33-19.1-2
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fiduciary: A trustee, executor, or administrator.
  • Fraud: Intentional deception resulting in injury to another.
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Independent attorney: means an attorney who has no legal, business, financial, professional, or personal relationship with the beneficiary of a donative transfer at issue under this chapter, and who would not be appointed as a fiduciary or receive any pecuniary benefit as a result of the operation of the instrument containing the donative transfer at issue under this chapter. See Rhode Island General Laws 33-19.1-2
  • person: extends to and includes co-partnerships and bodies corporate and politic. See Rhode Island General Laws 43-3-6
  • Probate: Proving a will
  • spouse or domestic partner: includes a predeceased spouse or predeceased domestic partner. See Rhode Island General Laws 33-19.1-2