2005 Regular Session
To: Judiciary A
By: Representative Taylor
AN ACT TO PROHIBIT THE SOLICITATION OF NURSING HOME RESIDENTS FOR POWERS OF ATTORNEY; TO PROVIDE PENALTIES FOR VIOLATIONS; TO EXEMPT IMMEDIATE FAMILY MEMBERS; AND FOR RELATED PURPOSES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:
SECTION 1. It shall be unlawful for any person to solicit any resident of a nursing home, personal care home or assisted living facility for the purpose of attaining powers of attorney over such resident regarding the assets of such resident. Any person who violates the provisions of this section shall, upon conviction, be guilty of a felony and shall be punished by imprisonment in the State Penitentiary for not less than five (5) years nor more than twenty (20) years and shall be fined Fifty Thousand Dollars ($50,000.00). In addition to such imprisonment and fine, a person convicted of a violation of this section shall pay full restitution to the victim of such violation. The provisions of this section shall not apply to members of the resident's immediate family.
SECTION 2. This act shall take effect and be in force from and after July 1, 2005.