HB645 Summary

• Creates a private civil right of action under the "Financial Exploitation Act" allowing vulnerable adults and their representatives to sue individuals who commit financial exploitation.

• Defines "vulnerable adult" as persons 65 years or older or protected persons under Alabama law, and "financial exploitation" to include wrongful taking of assets, failure to repay debts, and obtaining control through deception or undue influence.

• Permits claims to be brought by the vulnerable adult, estate representatives, guardians, family members, power of attorney agents, and beneficiaries with financial interests in the vulnerable adult's estate or trust.

• Establishes a statute of limitations of three years from discovery of the exploitation, with an absolute bar of four years from the vulnerable adult's death unless extended by contract.

• Allows prevailing parties to recover compensatory damages, punitive damages, court costs, and reasonable attorney's fees; claims survive the death of the vulnerable adult.