570.145. Financial exploitation of the elderly person or person with a disability — penalties — certain defense prohibited, additional violation, restitution.
Tricking or pressuring older or disabled people out of their money is a crime
It’s illegal to take money or property from an elderly or disabled person by lying, cheating, or using unfair pressure. The law protects vulnerable people from being taken advantage of financially.
1. Someone commits this crime if they take control of money or property from an elderly or disabled person on purpose to benefit themselves, using:
- Lies or trickery,
- Pressure or threats,
- Creating or supporting a false idea they know isn’t true,
- Not correcting a false impression they caused,
- Keeping someone from learning the truth about the property,
- Selling or giving away property without telling about liens or problems with it,
- Making a promise they don’t intend to keep, or
- Taking advantage of someone’s vulnerable state, like with a power of attorney or guardianship.
2. The punishment depends on how much was taken:
- Less than $50 — Class A misdemeanor
- $50 or more — Class E felony
- $750 or more — Class D felony
- $5,000 or more — Class C felony
- $25,000 or more — Class B felony
- $75,000 or more — Class A felony
3. This law does not affect the victim’s rights under domestic violence laws.
4. People trying in good faith to help with money matters are not criminally responsible if something goes wrong unintentionally.
5. Real estate planning and financial planning are allowed, as long as they don’t lower the standard of living of the elderly or disabled person.
6. It’s not a valid excuse to say you didn’t know the person was elderly or disabled.
7.
- It’s illegal for anyone handling money for a Medicaid-eligible elderly or disabled person in a care facility to keep money that should go to that facility (like Social Security or retirement payments). Prosecutors can get access to state records to investigate this.
- If a prosecutor wins a case for this, the court can order the person to pay back the money. Ten percent of each repayment can go to the prosecutor to cover court costs, and the rest goes to the care facility.
Contact us online or call (314) 900-HELP to talk with a Missouri criminal defense lawyer.
