Assembly Bill No. 385

Assembly Bill No. 385-Assemblymen Freeman, Ohrenschall,

Von Tobel, de Braga, Close, Tiffany, Segerblom, Herrera, Sandoval, Mortenson, Lambert, Parks, Braunlin, Koivisto, Lee, Gustavson, Cegavske, Collins, Chowning, Ernaut, Hettrick, Perkins, Buckley, Williams, Berman, Neighbors, Marvel, Amodei, Humke, Goldwater, Giunchigliani, Arberry, Anderson and Bache

April 18, 1997
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Referred to Committee on Judiciary

SUMMARY--Provides specifically for civil liability of person who abuses, neglects or exploits older person. (BDR 3-1003)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to older persons; providing specifically for the civil liability of a person who abuses, neglects or exploits an older person; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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Section 1 Chapter 41 of NRS is hereby amended by adding thereto a new section to read as follows:
1. If an older person suffers a personal injury or death that is caused by abuse or neglect or suffers a loss of money or property caused by exploitation:
(a) The person who causes the injury, death or loss is liable to the older person for damages; or
(b) If the person who causes the injury, death or loss is employed by another person who is responsible for conduct of that person, the person so responsible is liable to the older person for damages.
2. The court may award costs and attorney's fees to the prevailing party in an action brought pursuant to this section.
3. As used in this section:
(a) "Abuse" means willful and unjustified:
(1) Infliction of pain, injury or mental anguish; or
(2) Deprivation of food, shelter, clothing or services that are necessary to maintain the physical or mental health of an older person.
(b) "Exploitation" means any act taken by a person or any use of the power of attorney or guardianship of an older person to obtain control, through deception, intimidation or undue influence, over the money, assets or property of the older person with the intention of permanently depriving the older person of the ownership, use, benefit or possession of his money, assets or property. As used in this subsection, "undue influence" does not include the normal influence that one member of a family has over another member.
(c) "Neglect" means the failure of a person who has assumed legal responsibility or a contractual obligation for caring for an older person or who has voluntarily assumed responsibility for his care to provide food, shelter, clothing or services that are necessary to maintain the physical or mental health of the older person.
(d) "Older person" means a person who is 60 years of age or older.
Sec. 2 NRS 41.130 is hereby amended to read as follows:
41.130[Whenever any person shall suffer] Unless a civil action is brought pursuant to section 1 of this act, if a person suffers a personal injury by the wrongful act, neglect or default of another [,] person, the person causing the injury [shall be] is liable to the person injured for damages [; and] , or where the person causing [such] that injury is employed by another person [or corporation] responsible for his conduct, [such person or corporation] the person so responsible [shall be] is liable to the person injured for damages.