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ND SB2163

Bill

Status

Passed

4/10/2017

Primary Sponsor

Judy Lee

Click for details

Origin

Senate

65th Legislative Assembly

AI Summary

  • 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.

  • 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.

  • 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.

  • Allows courts to award exemplary damages if the financial exploitation involved oppression, fraud, deception, or actual malice.

  • 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

Committee Referrals

Judiciary3/2/2017
Health and Human Services1/10/2017

Full Bill Text

No bill text available