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MN HF424
Bill
Status
2/9/2011
Primary Sponsor
Peggy Scott
Click for details
AI Summary
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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.
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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.
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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.
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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.
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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