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Searching 2017-2018 Session

The Vermont Statutes Online

Title 33 : Human Services

Chapter 069 : REPORTS OF ABUSE, NEGLECT, AND EXPLOITATION OF VULNERABLE ADULTS

Subchapter 003 : PROTECTING AGAINST FINANCIAL EXPLOITATION

(Cite as: 33 V.S.A. § 6952)
  • § 6952. Civil action for relief from financial exploitation

    (a) Right of action. A vulnerable adult or his or her agent or guardian may bring an action in the Civil Division of the Superior Court pursuant to this section for relief against a natural person who, with reckless disregard or with knowledge, has engaged in the financial exploitation of the vulnerable adult. An action under this section shall be dismissed if the court determines the vulnerable adult is capable of expressing his or her wishes and that he or she does not wish to pursue the action.

    (b)(1) Remedies. If the court finds that financial exploitation of a vulnerable adult has occurred, the court shall grant appropriate relief to the vulnerable adult, which may include money damages, injunctive relief, reasonable costs, attorney's fees, and equitable relief.

    (2) If the financial exploitation was intentional, the court may grant exemplary damages not to exceed three times the value of economic damages.

    (c) Effects on other parties. No relief granted or otherwise obtained pursuant to this section shall affect or limit in any way the right, title, or interest of a good faith purchaser, mortgagee, holder of a security interest, or other party who obtained an interest in property after its transfer from the vulnerable adult to the natural person who engaged in financial exploitation. No relief granted or otherwise obtained pursuant to this section shall affect any mortgage deed to the extent of the value provided by the mortgagee.

    (d) Statute of limitations. The limitations period imposed by 12 V.S.A. § 511 shall apply to all actions brought pursuant to this subchapter. (Added 2017, No. 23, § 4, eff. May 4, 2017.)