Notwithstanding the provisions of this chapter:

1. (1) An abuser is entitled to acquire or receive an interest in property or any other benefit described in this chapter if the court determines by clear, cogent, and convincing evidence that the decedent:

   1. (a) Knew of the financial exploitation; and
   2. (b) Subsequently ratified his or her intent to transfer the property interest or benefit to that person.

2. (2) The court may consider the record of proceedings and in its discretion allow an abuser to acquire or receive an interest in property or any other benefit described in this chapter in any manner the court deems equitable. In determining what is equitable, the court may consider, among other things:

   1. (a) The various elements of the decedent's dispositive scheme;
   2. (b) The decedent's likely intent given the totality of the circumstances; and
   3. (c) The degree of harm resulting from the abuser's financial exploitation of the decedent.

[ 2009 c 525 s 17.]