Section 22-46-13 – Action against perpetrator for exploitation–Compensatory and punitive damages–Attorney’s fees.
22-46-13. Action against perpetrator for exploitation–Compensatory and punitive damages–Attorney’s fees. 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 […]
Section 22-46-14 – Additional penalties against perpetrator for exploitation.
22-46-14. Additional penalties against perpetrator for exploitation. In addition to the damages prescribed in §22-46-13, the court may impose the following penalties: (1)Revoke, in whole or in part, any revocable: (a)Provision by the elder or adult with a disability that is contained in a governing instrument that confers a general or nongeneral power of appointment […]
Section 22-46-15 – Third party property interest acquired for value and in good faith unaffected by severance of perpetrator’s property interest.
22-46-15. Third party property interest acquired for value and in good faith unaffected by severance of perpetrator’s property interest. A severance pursuant to subdivision 22-46-14(2) does not affect any third party interest in property that was acquired for value and in good faith reliance on apparent title by survivorship in the perpetrator unless a writing […]
Section 22-45-10 – Use of other civil or criminal remedy not precluded.
22-45-10. Use of other civil or criminal remedy not precluded. The provisions of this chapter are not intended to be exclusive remedies and do not preclude the use of any other criminal or civil remedy. Source: SL 1986, ch 187, §10.
Section 22-45-11 – Limitation on civil action.
22-45-11. Limitation on civil action. No civil action may be brought under this chapter more than six years after the cause of action accrues. Source: SL 1986, ch 187, §11.
Section 22-46-1 – Definition of terms.
22-46-1. Definition of terms. Terms used in this chapter mean: (1)”Adult with a disability,” a person eighteen years of age or older who has a condition of intellectual disability, infirmities of aging as manifested by organic brain damage, advanced age, or other physical dysfunctioning to the extent that the person is unable to protect himself […]
Section 22-46-1.1 – Neglect–Exclusions from definition.
22-46-1.1. Neglect–Exclusions from definition. For the purposes of this chapter, the term, neglect, does not include a decision that is made to not seek medical care for an elder or disabled adult upon the expressed desire of the elder or disabled adult; a decision to not seek medical care for an elder or disabled adult […]
Section 22-46-2 – Abuse or neglect of elder or adult with a disability–Felony or misdemeanor.
22-46-2. Abuse or neglect of elder or adult with a disability–Felony or misdemeanor. Any person who physically abuses or neglects an elder or adult with a disability in a manner which does not constitute aggravated assault is guilty of a Class 6 felony. Any person who emotionally or psychologically abuses an elder or adult with […]
Section 22-46-3 – Theft by exploitation–Penalty.
22-46-3. Theft by exploitation–Penalty. Any person who, having assumed the duty voluntarily, by written contract, by receipt of payment for care, or by order of a court to provide for the support of an elder or an adult with a disability, and having been entrusted with the property of that elder or adult with a […]
Section 22-46-5 – Investigation of report of abuse, neglect or exploitation.
22-46-5. Investigation of report of abuse, neglect or exploitation. The person or agency that receives, pursuant to §22-46-7, a report of abuse, neglect, or exploitation of an elder or adult with a disability shall also forward the report to the Office of the Attorney General, if the person or agency determines that reasonable suspicion exists […]