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AZ HB2162
Bill
Status
1/22/2013
Primary Sponsor
Chad Campbell
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AI Summary
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Amends Arizona Revised Statutes Section 46-456 to increase the additional damages a court may award in civil actions involving financial exploitation of vulnerable adults from two times to three times the amount of actual damages.
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Allows courts to award actual damages, reasonable costs, and attorney fees in civil actions brought by or on behalf of a vulnerable adult against persons who violate fiduciary duties or engage in financial exploitation.
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Maintains existing provisions allowing courts to order forfeiture of benefits from the vulnerable adult's estate, revoke dispositions in governing instruments, and sever joint property interests held with the violator.
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Preserves exceptions for licensed financial institutions, securities dealers, insurers, and health care providers acting within their professional scope of duties.
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Clarifies that the vulnerable adult, their conservator, or personal representative has priority to file civil actions, with other interested persons able to petition for leave to file on their behalf.
Legislative Description
Vulnerable adult; abuse; damages
Last Action
Referred to House RHS Committee
1/23/2013