Vulnerable adults-civil cause of action-2.

Plain English Breakdown

The bill does not provide a comprehensive list of types of exploitation covered.

Civil Cause of Action for Exploited Vulnerable Adults

This law allows vulnerable adults to sue people who exploit them and lists specific individuals or entities that can file a lawsuit on behalf of the exploited adult.

What This Bill Does

• Creates a civil cause of action for vulnerable adults who have been exploited.
• Allows the exploited person, their guardian, agent, caregiver, or other interested parties to file a lawsuit.
• Enables recovery of actual damages, punitive damages, and reasonable attorney's fees from those who exploit vulnerable adults.
• Specifies that lawsuits can be filed in any court with proper jurisdiction.

Who It Names or Affects

• Vulnerable adults who have been exploited
• People or entities who exploit vulnerable adults

Terms To Know

Civil cause of action

The right to sue someone in court for a legal wrong.

Exploitation

Taking unfair advantage of another person, especially financially or physically.

Limits and Unknowns

• Does not specify the exact types of exploitation covered beyond general terms.
• The effectiveness and enforcement of this law are yet to be seen in practice.

Official Summary Text

Bill Summary - 24LSO-0403

Bill No.:

SF0045

Effective:

7/1/2024

LSO No.:

24LSO-0403

Enrolled Act No.:

SEA No. 0015

Chapter No.:

53

Prime Sponsor:

Nethercott

Catch Title:

Vulnerable adults-civil cause of action-2.

Has Report:

No

Subject:

Provides a civil cause of action for exploited vulnerable adults.

Summary/Major Elements:

This bill allows exploited vulnerable adults to have a civil cause of action against the person who exploited them.

The bill also lists who may bring the civil cause of action, including the vulnerable adult's guardian, agent or caregiver.

The above summary is not an official publication of the Wyoming Legislature and is not an official statement of legislative intent.

While the Legislative Service Office endeavored to provide accurate information in this summary, it should not be relied upon as a comprehensive abstract of the bill.

Current Bill Text

24LSO-0403

ORIGINAL Senate

File No
.
SF0045

ENROLLED ACT NO. 15,

SENATE

SIXTY-SEVENTH LEGISLATURE OF THE STATE OF WYOMING
2024 Budget Session

AN ACT relating to adult protective services; providing a civil cause of action for the exploitation of vulnerable adults as specified; and providing for an effective date.

Be It Enacted by the Legislature of the State of Wyoming:

Section 1.

W.S. 35
‑
20
‑
117 is created to read:

35
‑
20
‑
117.

Civil cause of action for exploitation of vulnerable adults.

(a)

A vulnerable adult shall have a cause of action against any person who has exploited the vulnerable adult. The vulnerable adult may recover actual damages, punitive damages and reasonable attorney's fees for the exploitation of the vulnerable adult. The action may be brought in any court of competent jurisdiction. The action may be brought by the vulnerable adult or any of the following:

(i)

The vulnerable adult's guardian, conservator or other fiduciary acting for the vulnerable adult;

(ii)

The personal representative of the estate of a deceased vulnerable adult;

(iii)

The vulnerable adult's agent as defined by W.S. 3
‑
9
‑
102(a)(i);

(iv)

The vulnerable adult's spouse, parent or descendant;

(v)

A person authorized to make health care

decisions for the vulnerable adult;

(vi)

A person who would qualify as a presumptive heir of the vulnerable adult;

(vii)

A person named as a beneficiary to receive any property, benefit or contractual right on the vulnerable adult's death or as a beneficiary of a trust created by or for the vulnerable adult that has a financial interest in the vulnerable adult's estate;

(viii)

The vulnerable adult's caregiver or another person that demonstrates sufficient interest in the vulnerable adult's welfare;

(ix)

A person asked to accept the vulnerable adult's power of attorney;

(x)

The nursing care facility where the vulnerable adult resides.

Section 2.

This act is effective July 1, 2024.

(END)

Speaker of the House

President of the Senate

Governor

TIME APPROVED: _________

DATE APPROVED: _________

I hereby certify that this act originated in the Senate.

Chief Clerk

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