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SB 1140 (2008) c. 475

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SB 1140, c. 475: Financial abuse of elder or dependent adults. Adds the taking or appropriation of property by undue influence to the definition of financial abuse of an elder or dependent adult.  Creates a presumption that a person has taken or appropriated property of an elder or dependent adult for a wrongful use, if the person knew or should have known that his/her conduct is likely to be harmful to the elder or dependent adult. Creates a new cause of action for financial abuse against a person who takes the property of an elder or dependent adult who lacks capacity and then refuses to return the property after a demand for return of the property was made by the elder or dependent adult. Establishes that the statute of limitations for the filing of an Elder Abuse and Dependent Adult Civil Protection Act (EADACPA) financial abuse action, including the new cause of action for property taken from an elder or dependent adult who lacks capacity, is four years from the date the plaintiff discovers, or should have discovered, the facts constituting the financial abuse.  Clarifies that in an action under EADACPA, the court shall award attorney's fees and costs in addition to compensatory damages and all other remedies otherwise provided by law.