HB 1212 -- Financial Exploitation of the Elderly

Sponsor:  Cooper (158)

This bill expands protection for the elderly against financial
exploitation and codifies a presumption of undue influence in any
transfer of real property or major transfer of personal property
for less than full consideration to another person with whom the
elderly or disabled person has a confidential or fiduciary
relationship.  To avoid a presumption of undue influence, the
elderly person can be represented by independent counsel.
Confidential or fiduciary relationships can include relationships
between the elderly or disabled person and a family member by
blood or marriage, a health care provider, a trustee, an
accountant, a friend, a neighbor, a spiritual advisor, or an
attorney.

Courts may set aside any transfer where a finding of undue
influence has been proved by the elderly individual.

Missouri House of Representatives
93rd General Assembly, 2nd Regular Session
Last Updated November 29, 2006 at 9:42 am