Utah Elder Fraud Statutes

The Aging and Adult Services chapter of Utah’s Human Services Code states that someone is guilty of exploiting an elderly adult if he or she:

• Is in a position of trust and confidence, or has a business relationship, with the vulnerable adult or has undue influence over the vulnerable adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, the vulnerable adult's funds, credit, assets, or other property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the adult's property, for the benefit of someone other than the vulnerable adult;
• Knows or should know that the vulnerable adult lacks the capacity to consent, and obtains or uses, or endeavors to obtain or use, or assists another in obtaining or using or endeavoring to obtain or use, the vulnerable adult's funds, assets, or property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of his property for the benefit of someone other than the vulnerable adult;
• Unjustly or improperly uses or manages the resources of a vulnerable adult for the profit or advantage of someone other than the vulnerable adult;
• Unjustly or improperly uses a vulnerable adult's power of attorney or guardianship for the profit or advantage of someone other than the vulnerable adult; or
• Involves a vulnerable adult who lacks the capacity to consent in the facilitation or furtherance of any criminal activity.

Duty to Report

According to section 62A-3-305, if someone believes an elderly person is being exploited, a report must be made immediately to Adult Protective Services or to local law enforcement. When done in good faith, the person who makes the report will be immune from civil or criminal liability. If someone fails to make a report, they are guilty of a class B misdemeanor.

Elder Fraud Penalties

The penalties for elder fraud and exploitation in Utah are as follows:

• If done recklessly, this is a class A misdemeanor
• If done with criminal negligence, this is a class B misdemeanor
• If done “intentionally and knowingly” and the value of the assets involved is less than $5,000, this is a third-degree felony
• If done “intentionally and knowingly” and the value of the assets involved is $5,000 or more, this is a second-degree felony

If you or a loved one is the victim of elder financial fraud, the Silver Law Group may be able to help you recover lost money through litigation or arbitration. To find out, call us toll-free at 1-800-975-4345 or send us a message through our online contact form.

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