June 15, 2012 is Elder Abuse Awareness Day. In Oregon, financial abuse of the elderly by a caregiver is a crime, even if the elderly person consented to give the caregiver their money (or their house, or their stock account, etc.,). Criminal Mistreatment in the first degree is a class c felony.
If you suspect that an elderly person is being financially abused in Oregon, please call Adult Protective Services at 1-800-232-3020. Your report will be confidential.
The relevant portion of Oregon’s Criminal Mistreatment statute follows:
163.205 Criminal mistreatment in the first degree. (1) A person commits the crime of criminal mistreatment in the first degree if:
(b) The person, in violation of a legal duty to provide care for a dependent person or elderly person, or having assumed the permanent or temporary care, custody or responsibility for the supervision of a dependent person or elderly person, intentionally or knowingly:
(D) Hides the dependent person’s or elderly person’s money or property or takes the money or property for, or appropriates the money or property to, any use or purpose not in the due and lawful execution of the person’s responsibility;
(E) Takes charge of a dependent or elderly person for the purpose of fraud; or
(2) As used in this section:
(b) “Dependent person” means a person who because of either age or a physical or mental disability is dependent upon another to provide for the person’s physical needs.
(c) “Elderly person” means a person 65 years of age or older.
(d) “Legal duty” includes but is not limited to a duty created by familial relationship, court order, contractual agreement or statutory or case law.
(3) Criminal mistreatment in the first degree is a Class C felony. [1973 c.627 §3; 1981 c.486 §1; 1993 c.364 §2; 2005 c.708 §1]