Assembly Bill No. 126–Assemblymen Pierce, Anderson, Atkinson, Buckley, Claborn, Collins, Horne, Koivisto, McCleary and Oceguera (by request)

 

CHAPTER..........

 

AN ACT relating to exploitation; revising the definition of “exploitation” for the purposes of certain provisions concerning the abuse of an older person to include converting money, assets or property of the older person under certain circumstances; revising the definition of “exploitation” for the purposes of certain provisions concerning civil liability of a person for exploiting an older person or vulnerable person to include converting money, assets or property of the older or vulnerable person under certain circumstances; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

    Section 1. NRS 200.5092 is hereby amended to read as

follows:

    200.5092  As used in NRS 200.5091 to 200.50995, inclusive,

unless the context otherwise requires:

    1.  “Abuse” means willful and unjustified:

    (a) Infliction of pain, injury or mental anguish on an older

person; or

    (b) Deprivation of food, shelter, clothing or services which are

necessary to maintain the physical or mental health of an older

person.

    2.  “Exploitation” means any act taken by a person who has the

trust and confidence of an older person or any use of the power of

attorney or guardianship of an older person to [obtain] :

    (a) Obtain control, through deception, intimidation or undue

influence, over the older person’s money, assets or property with the

intention of permanently depriving the older person of the

ownership, use, benefit or possession of his money, assets or

property [.] ; or

    (b) Convert 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.

    3.  “Isolation” means willfully, maliciously and intentionally

preventing an older person from having contact with another person

by:

    (a) Intentionally preventing the older person from receiving his

visitors, mail or telephone calls, including, without limitation,

communicating to a person who comes to visit the older person or a

person who telephones the older person that the older person is not

present or does not want to meet with or talk to the visitor or caller

knowing that the statement is false, contrary to the express wishes of

the older person and intended to prevent the older person from

having contact with the visitor; or

    (b) Physically restraining the older person to prevent the older

person from meeting with a person who comes to visit the older

person.

The term does not include an act intended to protect the property or

physical or mental welfare of the older person or an act performed

pursuant to the instructions of a physician of the older person.

    4.  “Neglect” means the failure of:

    (a) 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 which are necessary to maintain the

physical or mental health of the older person; or

    (b) An older person to provide for his own needs because of

inability to do so.

    5.  “Older person” means a person who is 60 years of age or

older.

    6.  “Protective services” means services the purpose of which is

to prevent and remedy the abuse, neglect, exploitation and isolation

of older persons. The services may include investigation, evaluation,

counseling, arrangement and referral for other services and

assistance.

    Sec. 2.  NRS 41.1395 is hereby amended to read as follows:

    41.1395  1.  Except as otherwise provided in subsection 3, if

an older person or a vulnerable 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, the person who caused the injury,

death or loss is liable to the older person or vulnerable person for

two times the actual damages incurred by the older person or

vulnerable person.

    2.  If it is established by a preponderance of the evidence that a

person who is liable for damages pursuant to this section 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

initiated the lawsuit.

    3.  The provisions of this section do not apply to a person who

caused injury, death or loss to a vulnerable person if he did not

know or have reason to know that the harmed person was a

vulnerable person.

    4.  For the purposes of 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 which

are necessary to maintain the physical or mental health of an older

person or a vulnerable person.

    (b) “Exploitation” means any act taken by a person who has the

trust and confidence of an older person or a vulnerable person or

any use of the power of attorney or guardianship of an older person

or a vulnerable person to [obtain] :

        (1) Obtain control, through deception, intimidation or undue

influence, over the money, assets or property of the older person or

vulnerable person with the intention of permanently depriving the

older person or vulnerable person of the ownership, use, benefit or

possession of his money, assets or property [.] ; or

        (2) Convert money, assets or property of the older person

with the intention of permanently depriving the older person or

vulnerable person of the ownership, use, benefit or possession of

his money, assets or property.

As used in this paragraph, “undue influence” does not include the

normal influence that one member of a family has over another.

    (c) “Neglect” means the failure of a person who has assumed

legal responsibility or a contractual obligation for caring for an older

person or a vulnerable person, or who has voluntarily assumed

responsibility for his care, to provide food, shelter, clothing or

services within the scope of his responsibility or obligation, which

are necessary to maintain the physical or mental health of the older

person or vulnerable person. For the purposes of this paragraph, a

person voluntarily assumes responsibility to provide care for an

older or vulnerable person only to the extent that he has expressly

acknowledged his responsibility to provide such care.

    (d) “Older person” means a person who is 60 years of age or

older.

    (e) “Vulnerable person” means a person who:

        (1) Has a physical or mental impairment that substantially

limits one or more of the major life activities of the person; and

        (2) Has a medical or psychological record of the impairment

or is otherwise regarded as having the impairment.

The term includes, without limitation, a person who is mentally

retarded, a person who has a severe learning disability, a person who

suffers from a severe mental or emotional illness or a person who

suffers from a terminal or catastrophic illness or injury.

 

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