1Amending the act of November 6, 1987 (P.L.381, No.79), entitled
2"An act relating to the protection of the abused, neglected,
3exploited or abandoned elderly; establishing a uniform
4Statewide reporting and investigative system for suspected
5abuse, neglect, exploitation or abandonment of the elderly;
6providing protective services; providing for funding; and
7making repeals," further providing for definitions; and
8providing for financial abuse.

9The General Assembly of the Commonwealth of Pennsylvania
10hereby enacts as follows:

11Section 1. The definition of "abuse" in section 103 of act
12of November 6, 1987 (P.L.381, No.79), known as the Older Adults
13Protective Services Act, renumbered and amended December 18,
141996 (P.L.1125, No.169), is amended and the section is amended
15by adding a definition to read:

16Section 103. Definitions.

17The following words and phrases when used in this act shall
18have the meanings given to them in this section unless the
19context clearly indicates otherwise:

1* * *

2"Abuse." The occurrence of one or more of the following
3acts:

4(1) The infliction of injury, unreasonable confinement,
5intimidation or punishment with resulting physical harm, pain
6or mental anguish.

7(2) The willful deprivation by a caretaker of goods or
8services which are necessary to maintain physical or mental
9health.

10(3) Sexual harassment, rape or abuse, as defined in the
11act of October 7, 1976 (P.L.1090, No.218), known as the
12Protection From Abuse Act.

13(4) Financial abuse.

14No older adult shall be found to be abused solely on the grounds
15of environmental factors which are beyond the control of the
16older adult or the caretaker, such as inadequate housing,
17furnishings, income, clothing or medical care.

18* * *

19"Financial abuse." The intentional taking or retaining of, 
20or assisting in the taking or retaining of, real or personal 
21property of an older adult by undue influence, or any other 
22means, for a wrongful purpose or with intent to defraud the 
23older adult. Financial abuse may result in the inability of the 
24older adult to fund basic necessities, including, but not 
25limited to, food, shelter, utilities, medication, health care 
26and long-term care services and support.

27* * *

28Section 2. The act is amended by adding a section to read:

29Section 706.1. Financial abuse.

30(a) General rule.--A person who commits financial abuse

1shall be liable for:

2(1) treble the value of the property recovered by an
3action taken under this section; and

4(2) reasonable attorney fees and costs associated with
5legal action undertaken to recover the property.

6(b) Venue.--An action for financial abuse of an older person
7may be brought in any county in which any part of the financial
8abuse took place, regardless of whether the defendant was
9present in that county.

10(c) Statute of limitations.--An action for financial abuse
11shall be commenced within seven years after the commission of
12the offense.

13(d) Defense.--It shall not be a defense to financial abuse
14that the defendant reasonably believed that the victim was not
15an older person.

16Section 3. This act shall take effect in 60 days.