198.097. Misappropriation of funds of elderly or disabled nursing home residents, penalty. - Missouri Statutes

Misappropriation of funds of elderly or disabled nursing homeresidents, penalty.

198.097. 1. Any person who assumes the responsibility of managingthe financial affairs of an elderly or disabled person who is a resident ofany facility licensed under this chapter is guilty of a class D felony ifsuch person misappropriates the funds and fails to pay for the facilitycare of the elderly or disabled person. For purposes of this subsection, aperson assumes the responsibility of managing the financial affairs of anelderly person when he or she receives, has access to, handles, or controlsthe elderly or disabled person's monetary funds, including but not limitedto Social Security income, pension, cash, or other resident income.

2. Evidence of misappropriating funds and failure to pay for the careof an elderly or disabled person may include but not be limited to proofthat the facility has sent, by certified mail with confirmation receiptrequested, notification of failure to pay facility care expenses incurredby a resident to the person who has assumed responsibility of managing thefinancial affairs of the resident.

3. Nothing in subsection 2 of this section shall be construed aslimiting the investigations or prosecutions of violations of subsection 1of this section or the crime of financial exploitation of an elderly ordisabled person as defined by section 570.145, RSMo.

(L. 1987 S.B. 277 § 1, A.L. 2007 S.B. 577)