Section 17b-462 - Cause of action by elderly victim. Civil attachment jurisdiction.

CT Gen Stat § 17b-462 (2019) (N/A)

Copy with citation

Copy as parenthetical citation

(a) An elderly person who has been the victim of abuse, neglect, exploitation or abandonment, as such terms are defined in section 17b-450, may have a cause of action against any perpetrator and may recover actual and punitive damages for such abuse, neglect, exploitation or abandonment together with costs and a reasonable attorney's fee. The action may be brought by the elderly person, or the elderly person's guardian or conservator, by a person or organization acting on behalf of the elderly person with the consent of such elderly person or the elderly person's guardian or conservator, or by the personal representative of the estate of a deceased elderly victim.

(b) In any action to recover damages based upon a claim of exploitation, as defined in section 17b-450, the Superior Court shall have jurisdiction to render an order pursuant to chapter 904 prohibiting the defendant from transferring, depleting or otherwise alienating or diminishing any funds, assets or property.

(c) Notwithstanding the preceding provisions of this section, no cause of action for neglect or abandonment may be brought against any person who has no contractual obligation to provide care to an elderly person unless such neglect was wilful or criminal.

(P.A. 15-236, S. 3.)

Previous Section

Section 17b-461 - (Formerly Sec. 17a-441). Regulations.

Next Section

Section 17b-463 - Mandatory training for financial agents in detecting fraud, exploitation and financial abuse of elderly persons.