Vermont § 6952 - Civil action for relief from financial exploitation

§ 6952. Civil action for relief from financial exploitation

• (a) Right of action. A vulnerable adult or his or her agent or guardian may bring an action in the Civil
  Division of the Superior Court pursuant to this section for relief against a natural
  person who, with reckless disregard or with knowledge, has engaged in the financial
  exploitation of the vulnerable adult. An action under this section shall be dismissed
  if the court determines the vulnerable adult is capable of expressing his or her wishes
  and that he or she does not wish to pursue the action. (b) Remedies. (1) If the court finds that financial exploitation of a vulnerable adult has occurred,
  the court shall grant appropriate relief to the vulnerable adult, which may include
  money damages, injunctive relief, reasonable costs, attorney’s fees, and equitable
  relief. (2) If the financial exploitation was intentional, the court may grant exemplary damages
  not to exceed three times the value of economic damages. (c) Effects on other parties. No relief granted or otherwise obtained pursuant to this section shall affect or limit
  in any way the right, title, or interest of a good faith purchaser, mortgagee, holder
  of a security interest, or other party who obtained an interest in property after
  its transfer from the vulnerable adult to the natural person who engaged in financial
  exploitation. No relief granted or otherwise obtained pursuant to this section shall
  affect any mortgage deed to the extent of the value provided by the mortgagee. (d) Statute of limitations. The limitations period imposed by 12 V.S.A. § 511 shall apply to all actions brought pursuant to this subchapter. (Added 2017, No. 23, § 4, eff. May 4, 2017; amended 2021, No. 20, § 349.)