Financial abuse can take the form of coercion, manipulation, threats, intimidation, misrepresentation or undue influence. (11) “exploitation” means an act of coercion, coercion or undue influence on a vulnerable adult that causes the vulnerable adult to act in a manner inconsistent with the relevant past behaviour or to provide services to another adult; (12) `financial abuse` means the unlawful or abusive use, control or retention of the assets, income, resources or trust funds of the elderly person or vulnerable adult by a natural or legal person for the benefit of any person or entity other than the benefit or benefit of the older person or vulnerable adult; “Financial Use” includes, but is not limited to: a. The use of deception, intimidation or undue influence by any person or entity in a position of trust in relation to a senior or vulnerable adult to maintain or use the property, income, resources or trust funds of the senior or vulnerable adult for the benefit of any person or entity other than the older person or vulnerable adult; b. Breach of fiduciary duty, including, but not limited to, misuse of a power of attorney, trust or guardianship, resulting in the unauthorized appropriation, sale or transfer of the elder or vulnerable adult`s property, income, resources or trust funds to any person or entity other than the senior or vulnerable adult; and c. the acquisition or use of the property, income, resources or trust funds of an older person or vulnerable adult without lawful authority by any person or entity who knows or ought to know clearly that the older person or vulnerable adult is incapable of consenting to the release or use of his or her property, income, resources or trust funds. Chapter 39. THE MENTALLY ILL, THE DISABLED AND DEPENDENTS; SOCIAL PROTECTION Article 14 REPORTING OF ABUSE, NEGLECT OR EXPLOITATION OF CERTAIN PERSONS 39-1430. abuse, neglect or exploitation of certain adults; Definitions. It is a common legal term that has escaped me, and I cannot find a reference for it. “Reap the benefits.” Merriam-Webster.com Dictionary, Merriam-Webster, www.merriam-webster.com/dictionary/take%20advantage%20of.
Retrieved 11 October 2022. 9. Operation. “Exploitation” means the unlawful or abusive use of a disabled or dependent adult or that adult`s resources for the benefit of others. (F-1) `financial use` means the use of an eligible adult`s resources by another adult to the detriment of that adult or for the benefit of any person other than that adult. (l) Financial or property exploitation means the illegal or abusive use of money, property or other resources of an older person or an adult with a disability for profit, personal or profit, profit or profit. This includes, but is not limited to, theft, embezzlement, concealment, misuse or fraudulent deprivation of money or property of elderly or adult persons with disabilities. 4. `exploitation` means an act or omission which: (a) uses deception, harassment, intimidation or undue influence to permanently or temporarily deprive a vulnerable adult of the use, utility or possession of an object of value; or (b) uses the services of a third party for the benefit of the person or any other person to the detriment of the vulnerable adult; (c) coerces, coerces, coerces or induces a vulnerable adult to provide services for the benefit of himself or herself or any other person against his or her will; or (d) misuses the property of a vulnerable adult in a manner that interferes with the ability of the vulnerable adult to receive health care or services or to pay bills for basic needs or obligations.