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ND SB2163
Bill
AI Summary
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Amends the definition of "financial exploitation" to include use or receipt of services from a vulnerable adult without just compensation, and unauthorized taking or misuse of property through undue influence, breach of fiduciary duty, deception, harassment, criminal coercion, theft, or other unlawful means.
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Creates a civil cause of action allowing vulnerable adults, guardians, conservators, authorized representatives, or estate personal representatives to recover damages from perpetrators of financial exploitation.
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Requires financial exploitation claims to be proven by clear and convincing evidence, with courts awarding actual damages, reasonable attorney's fees and costs, and reasonable guardian ad litem fees if applicable.
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Allows courts to award exemplary damages if the financial exploitation involved oppression, fraud, deception, or actual malice.
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Establishes a six-year statute of limitations for civil actions, beginning when the plaintiff discovers or reasonably should have discovered the facts constituting the financial exploitation.
Legislative Description
The definition of financial exploitation; and to provide a penalty.
Last Action
Signed by Governor 04/10
4/10/2017