# Estates and Trusts (GET)

## Title 13. Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults

### Subtitle 6. Financial Exploitation of Susceptible Adults and Older Adults

#### Section 13-601

(a) In this subtitle the following words have the meanings indicated.

(b) "Activities of daily living" means basic activities of daily living and instrumental activities of daily living.

(c) "Basic activities of daily living" means the routine activities that people do every day without assistance that include:

  (1) Eating;

  (2) Bathing;

  (3) Dressing;

  (4) Toileting;

  (5) Mobility; and

  (6) Continence.

(d) "Deception" means a misrepresentation or concealment of a material fact relating to services rendered, disposition of property, or the use of property intended to benefit a susceptible adult or older adult.

(e)

  (1) "Financial exploitation" means an act taken by a person who:

    (i) Stands in a position of trust and confidence with a susceptible adult or older adult and who knowingly obtains or uses, or endeavors to obtain or use, a susceptible adult's or older adult's funds, assets, or property with the intent to temporarily or permanently deprive the susceptible adult or older adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the susceptible adult or older adult, in such a manner that is not fair and reasonable;

    (ii) By deception, false pretenses, false promises, larceny, embezzlement, misapplication, conversion, intimidation, coercion, isolation, excessive persuasion, or similar actions and tactics, obtains or uses, or endeavors to obtain or use, a susceptible adult's or older adult's funds, assets, or property with the intent to temporarily or permanently deprive the susceptible adult or older adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the susceptible adult or older adult; or

    (iii) Knows or should know that a susceptible adult or older adult lacks capacity to consent and who obtains or uses, or endeavors to obtain or use, the susceptible adult's or older adult's funds, assets, or property with the intent to temporarily or permanently deprive the susceptible adult or older adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the susceptible adult or older adult.

  (2) "Financial exploitation" includes:

    (i) Breach of a fiduciary relationship resulting in the unauthorized appropriation, sale, or transfer of property;

    (ii) Unauthorized taking of personal assets;

    (iii) Misappropriation, misuse, or transfer of assets belonging to a susceptible adult or older adult from a personal or joint account; and

    (iv) Intentional failure to effectively use a susceptible adult's or older adult's income and assets for the necessities required for the susceptible adult's or older adult's support and maintenance.

  (3) "Financial exploitation" does not include an individual's good-faith use of a susceptible adult's or older adult's assets, including for the purposes of establishing and implementing an estate plan intended to reduce taxes or to maximize eligibility for public benefits in order to preserve assets for an identified or identifiable person.

(f) "Instrumental activities of daily living" means the skills and abilities needed to perform day-to-day tasks associated with an independent lifestyle, including:

  (1) Using the telephone;

  (2) Doing laundry and dressing;

  (3) Shopping and running errands;

  (4) Securing transportation;

  (5) Preparing meals;

  (6) Managing medications;

  (7) Housekeeping; and

  (8) Managing finances.

(g) "Intimidation" means a communication, by word or act, that a susceptible adult or older adult will suffer physical violence or emotional injury or will be deprived of food, nutrition, clothing, shelter, supervision, medicine, medical services, money, social interaction, or emotional or financial support.

(h) "Obtains or uses" means any manner of taking or exercising control over property or making any use, disposition, or transfer of property.

(i) "Older adult" means an individual who is at least 68 years old.

(j) "Position of trust and confidence" means a relationship, whether formed by a formal or informal agreement between a susceptible adult or older adult and another person or recognized by a formal declaration or court order, in which:

  (1) A person is entrusted with the use or management of the property or assets of the susceptible adult or older adult, or the susceptible adult's or older adult's care; or

  (2) There is a special confidence or trust placed in a person who, in equity and good conscience, is bound to act in good faith and with due regard to the interests of the susceptible adult or older adult.

(k) "Susceptible adult" means an adult who is unable to perform, without prompting or assistance, one or more activities of daily living, is unable to protect the adult's rights, or has diminished executive functioning, due to:

  (1) Advanced age;

  (2) Mental, emotional, sensory, or physical disability or disease;

  (3) Impaired mobility;

  (4) Habitual drunkenness;

  (5) Addiction to drugs; or

  (6) Hospitalization.

#### Section 13-602

The purposes of this subtitle are to:

(1) Establish a separate and distinct civil cause of action by a victim, or a representative of the victim, of financial exploitation;

(2) Provide a path to redress financial exploitation through the recovery of property and assets taken from victims while discouraging protracted litigation;

(3) Provide access to justice for victims and their families who are otherwise unable or unwilling to retain competent legal assistance due to cost; and

(4) Strongly deter individuals seeking to take advantage of  susceptible adults or older adults.

#### Section 13-603

This subtitle does not apply to an act taken by:

(1) Any state or federal bank, trust company, credit union, or savings and loan association; or

(2) A subsidiary or affiliate of an institution described in item (1) of this section.

#### Section 13-604

A susceptible adult or older adult who has been subjected to financial exploitation in the State or, in accordance with Sec. 13-605 of this subtitle, a person acting on the susceptible adult's or older adult's behalf may bring a cause of action against a person who has committed financial exploitation against the susceptible adult or older adult to recover damages and obtain other appropriate relief as set forth under this subtitle.

#### Section 13-605

(a) An action may be brought under this subtitle by a susceptible adult or older adult or by a person serving in one or more of the following representative capacities for a susceptible adult or older adult:

  (1) An attorney in fact, guardian, trustee, or other fiduciary acting on behalf of the susceptible adult or older adult, or a successor named in an instrument providing such authorization;

  (2) A person authorized to make health care decisions for the susceptible adult or older adult, or a successor named in an instrument providing the authorization;

  (3) A spouse, parent, or descendent of the susceptible adult or older adult;

  (4) An individual who would qualify as the susceptible adult's or older adult's presumptive heir;

  (5) A person named as a beneficiary to receive any property, benefit, or contractual right on the susceptible adult's or older adult's death, including a person who would be a beneficiary but for the financial exploitation;

  (6) The personal representative or special administrator of an estate of a deceased susceptible adult or older adult; or

  (7) A government agency that otherwise has authority and jurisdiction, including:

    (i) The Division of Consumer Protection in the Office of the Attorney General; and

    (ii) The Securities Commissioner of the Division of Securities in the Office of the Attorney General.

(b) A cause of action authorized under this subtitle:

  (1) Is in addition to and cumulative with any other criminal or administrative claims, causes of action at law or in equity, or remedies otherwise available to the susceptible adult or older adult, including an action under Sec. 13-204 of the Commercial Law Article and Sec. 11-209 of the Corporations and Associations Article; and

  (2) Shall survive the death of the susceptible adult or older adult.

#### Section 13-606

(a)

  (1) A plaintiff in an action brought under this subtitle is entitled to recover compensatory damages.

  (2) The damages awarded under this section are in addition to and cumulative with other lawful and administrative damages available to a party.

(b) A party who brings an action under this subtitle to recover for injury or loss and is awarded compensatory damages may also seek and the court may award an amount not exceeding three times the compensatory damages and prejudgment interest.

(c)

  (1) In addition to monetary damages, a party who brings an action under this subtitle is also entitled to:

    (i) Any other appropriate relief, including emergency, preliminary or permanent injunction, rescission, restitution, accounting, unjust enrichment, declaratory relief, and constructive trust; and

    (ii) Emergency or interim injunctive relief to preserve the assets of the susceptible adult or older adult, without the requirement of a bond in the discretion of the court.

  (2) The remedies provided in this subsection are in addition to and cumulative with other legal, equitable, and administrative remedies available to a party.

(d) The court may award reasonable attorney's fees and expenses to any person who brings an action under this subtitle for injury or loss and is awarded damages or any other remedy.

(e) If it appears to the satisfaction of the court, at any time, that an action is brought in bad faith or is of a frivolous nature, the court may order the offending party to pay to the other party reasonable attorney's fees and expenses.

#### Section 13-607

(a) Except as provided in subsection (b) of this section, an action under this subtitle shall be commenced within 5 years after the susceptible adult or older adult, or the susceptible adult's or older adult's representative discovers or, through the exercise of reasonable diligence, should have discovered the facts constituting financial exploitation.

(b)

  (1) If a criminal prosecution is commenced that arises out of the same facts as an action under this subtitle, the time during which the prosecution is pending shall not be computed as part of the period within which the action under this subtitle may be brought.

  (2) After the conclusion of the criminal prosecution described under paragraph (1) of this subsection, the action under this subtitle may be brought within the later of:

    (i) The remainder of the period specified under subsection (a) of this section; or

    (ii) 1 year.

#### Section 13-608

(a) This subtitle shall be construed and applied liberally to promote its purpose of deterring and remedying the financial exploitation of susceptible adults and older adults.

(b) This subtitle is not intended to alter or amend the burdens of proof or presumptions required by law.

#### Section 13-609

This subtitle may be cited as the Maryland Statute Against Financial Exploitation (SAFE) Act. 

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Md. Code Ann., Est. & Trusts (as displayed at mgaleg.maryland.gov, October 16, 2026)