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MN HF424

Bill

Status

Introduced

2/9/2011

Primary Sponsor

Peggy Scott

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Origin

House of Representatives

87th Legislature 2011-2012

AI Summary

  • Establishes civil liability for persons employed to provide care or acting as de facto guardians/conservators who cause or permit endangerment or injury to incapacitated or vulnerable adults through neglect.

  • Imposes fiduciary duties on persons in positions of trust and confidence toward incapacitated or vulnerable adults, with liability for taking control of their assets through intimidation or deception with intent to permanently deprive them.

  • Allows incapacitated or vulnerable adults, their family members, guardians, or conservators to file civil actions in district or probate court with a three-year statute of limitations from discovery of the cause of action.

  • Provides remedies including treble damages (up to three times actual damages), punitive damages, injunctions, receiverships, dissolution of enterprises, and attorney fees after a determination of liability.

  • Revives time-barred causes of action that were previously limited and allows them to be brought within one year of the effective date; persons convicted of related criminal offenses are precluded from denying the essential allegations in civil proceedings.

Legislative Description

Incapacitated and vulnerable adult neglect and abuse remedies provided.

Last Action

Author added Downey

2/17/2011

Committee Referrals

Civil Law2/9/2011

Full Bill Text

No bill text available