22-46-13. Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees.
165 words·~1 min read·
/sd/title-22/chapter-22-46/22-46-13·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
A court may find that an elder or adult with a disability has been exploited as defined in § 22-46-1 or 22-46-3 . If a court finds exploitation occurred, the elder or adult with a disability has a cause of action against the perpetrator and may recover actual and punitive damages for the exploitation. The action may be brought by the elder or adult with a disability, or that person's guardian, conservator, by a person or organization acting on behalf of the elder or adult with a disability with the consent of that person or that person's guardian or conservator, or by the personal representative of the estate of a deceased elder or adult with a disability without regard to whether the cause of death resulted from the exploitation.
The action may be brought in any court of competent jurisdiction to enforce the action. A party who prevails in the action may recover reasonable attorney's fees, costs of the action, compensatory damages, and punitive damages.