Section 13-602 – Purposes of Subtitle

    The purposes of this subtitle are to:         (1)    Establish a separate and distinct civil cause of action by a victim, or a representative of the victim, of financial exploitation;         (2)    Provide a path to redress financial exploitation through the recovery of property and assets taken from victims while discouraging protracted litigation;         (3)    Provide access to justice for victims […]

Section 13-603 – Subtitle Inapplicable to Actions Taken by Certain Entities

    This subtitle does not apply to an act taken by:         (1)    Any state or federal bank, trust company, credit union, or savings and loan association; or         (2)    A subsidiary or affiliate of an institution described in item (1) of this section.

Section 13-604 – Actions Brought for Financial Exploitation of Susceptible Adult or Older Adult

    A susceptible adult or older adult who has been subjected to financial exploitation in the State or, in accordance with § 13–605 of this subtitle, a person acting on the susceptible adult’s or older adult’s behalf may bring a cause of action against a person who has committed financial exploitation against the susceptible adult or […]

Section 13-605 – Actions Brought by Susceptible Adults or Older Adults or by Certain Individuals in Representative Capacities — Action Additional to Other Claims and Survives Death of Aggrieved Party

    (a)    An action may be brought under this subtitle by a susceptible adult or older adult or by a person serving in one or more of the following representative capacities for a susceptible adult or older adult:         (1)    An attorney in fact, guardian, trustee, or other fiduciary acting on behalf of the susceptible adult or older adult, […]

Section 13-606 – Award of Damages — Monetary Damages and Additional Appropriate Relief — Reasonable Attorney’s Fees — Actions Brought Inbad Faith or of a Frivolous Nature

    (a)    (1)    A plaintiff in an action brought under this subtitle is entitled to recover compensatory damages.         (2)    The damages awarded under this section are in addition to and cumulative with other lawful and administrative damages available to a party.     (b)    A party who brings an action under this subtitle to recover for injury or loss and is awarded […]

Section 13-607 – Time Limitation to File Action — Criminal Prosecution Time Period Excepted

    (a)    Except as provided in subsection (b) of this section, an action under this subtitle shall be commenced within 5 years after the susceptible adult or older adult, or the susceptible adult’s or older adult’s representative discovers or, through the exercise of reasonable diligence, should have discovered the facts constituting financial exploitation.     (b)    (1)    If a criminal prosecution […]

Section 13-608 – Liberal Purpose and Construction in Application of Subtitle

    (a)    This subtitle shall be construed and applied liberally to promote its purpose of deterring and remedying the financial exploitation of susceptible adults and older adults.     (b)    This subtitle is not intended to alter or amend the burdens of proof or presumptions required by law.

Section 13-609 – Liberal Purpose and Construction in Application of Subtitle

    This subtitle may be cited as the Maryland Statute Against Financial Exploitation (SAFE) Act.