§55-7J-1. Action for Financial Exploitation of an Elderly Person, Protected Person, or Incapacitated Adult; Definitions

(a) Any elderly person, protected person, or incapacitated adult against whom an act of financial exploitation has been committed may bring an action under this article against any person who has committed an act of financial exploitation against him or her by filing a civil complaint for financial exploitation, a petition for a financial exploitation […]

§55-7J-2. Restriction of Defenses, Standing Alone, Based on Legal Relationship

Notwithstanding any provision of this code to the contrary, acting in a position of trust and confidence, including, but not limited to, as guardian, conservator, trustee or attorney for or holding power of attorney for an elderly person, protected person or incapacitated adult shall not, standing alone, constitute a defense to an action brought under […]

§55-7J-3. Court Authorized Remedies

(a) In an action brought against a person under this article upon a finding that an elderly person, protected person or incapacitated adult has been financially exploited, the court may order: (1) The return of property or assets improperly obtained, controlled or used; and (2) An award of actual damages to the person who brought […]

§55-7J-4. Attorneys Fees; Court Costs and Burden of Proof; Statute of Limitations

(a) The court may award reasonable attorneys fees and costs to a person that brings an action under this article and prevails. (b) The standard of proof in proving that a person committed financial exploitation in an action pursuant to this article is a preponderance of the evidence. (c) An action under this article shall […]

§55-7J-5. Action to Freeze Assets; Burden of Proof; Options the Court May Exercise

(a) An elderly person, protected person, or incapacitated adult may bring an action to enjoin the alleged commission of financial exploitation and may petition the court to freeze the assets of the person allegedly committing the financial exploitation in an amount equal to, but not greater than, the alleged value of lost property or assets […]

§55-7J-6. Penalty for Violation of Injunction; Retention of Jurisdiction

Any person who violates the terms of an order issued under this article shall be subject to proceeding for contempt of court. The court issuing the injunction may retain jurisdiction if, in its discretion, it determines that to do so is in the best interest of the elderly person, protected person, or incapacitated adult. If […]