SUMMARY-Makes person liable in treble damages for abuse, neglect or exploitation of person 60 years of age or older. (BDR 3-613)
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 civil actions; making a person who abuses, neglects or exploits a person who is 60 years of age or older liable in treble damages for any loss or damage sustained by the 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 the provisions set forth as sections 2, 3 and 4 of this act.
Sec. 2 If a person:
1. Willfully and without justification inflicts pain, injury or mental anguish on a person who is at least 60 years of age;
2. Intentionally deprives a person who is at least 60 years of age of food, shelter, clothing or services that are necessary to maintain the physical or mental health of the person; or
3. Who has assumed legal responsibility or a contractual or voluntary obligation for the care of a person who is at least 60 years of age fails to provide him with food, shelter, clothing or services that are necessary to maintain the physical or mental health of the person,
and the older person suffers an injury or death as a result of such conduct, the person who caused the injury or death is liable in treble damages to the older person or the estate of the older person for all injury and damage sustained as a result thereof.
Sec. 3 1. A person who obtains control over the money, assets or property of an older person who is at least 60 years of age:
(a) Through deception, intimidation or wrongfully overcoming the free will of the older person; or
(b) By taking advantage of his physical, mental or emotional condition,
with the intent of permanently depriving that older person of the ownership, use, benefit or possession of his money, assets or property, is liable in treble damages to the older person for any loss sustained as a result.
2. In determining whether the free will of an older person has been wrongfully overcome, the trier of fact shall consider, without limitation:
(a) The relationship of the older person to the person who caused the injury;
(b) Whether the older person and the person who caused the injury sought independent advice and if so, whether such advice was or should have been followed;
(c) Whether the older person was isolated from other people by the person who caused the injury; and
(d) The prudence of the gift or transaction in relation to the entire net worth of the older person.
3. For the purposes of this section:
(a) The normal influence that one family member has over another does not result in the free will of a person being wrongfully overcome.
(b) It is presumed that the free will of an older person was overcome if the older person is determined to have been mentally confused or incompetent at the time that he lost control over his money, assets or property.
Sec. 4 1. If it is determined that a person:
(a) Is liable for treble damages pursuant to section 2 or 3 of this act; and
(b) Is employed by another person who was responsible for his conduct at the time that he engaged in the wrongful conduct,
the employer is jointly and severally liable for the treble damages imposed pursuant to those sections.
2. If it is established by a preponderance of evidence that a person who is liable for treble damages pursuant to section 2 or 3 of this act acted with recklessness, oppression, fraud or malice, the court shall order the person to pay the attorney's fees and costs of the person who brought the lawsuit.
Sec. 5 This act becomes effective on July 1, 1997.