Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Protection Of Vulnerable Adults (SB7) topic
No spam. Unsubscribe anytime.
Senate advances bill allowing recovery of attorney fees in suits over exploitation of vulnerable adults
Summary
Senate Bill 7, sponsored by Senator Hilliard and supported by the Commission on Aging and the Utah State Bar, would allow plaintiffs who successfully sue for exploitation of a vulnerable adult to recover attorney fees; it also permits courts to award fees against frivolous plaintiffs. The Senate advanced the bill for third reading (28–0, 1 absent).
Senate Bill 7, carried by Senator Hilliard, would add attorney fees and costs to the relief available to plaintiffs who successfully recover assets taken from a vulnerable adult (typically someone under guardianship). Sponsor testimony said the change was intended to make victims whole by allowing recovery of attorney fees in addition to the stolen funds.
The sponsor said plaintiffs will typically be guardians, family members stepping in as guardian ad litem, or even agencies that assume protective authority. He acknowledged that standing and the limits on who may bring suits remain governed by existing law and that SB7 only adds the attorney-fee remedy where a plaintiff proves exploitation.
The bill also contains a provision allowing the court to assess costs against plaintiffs if the action is frivolous, unreasonable, or taken in bad faith. Senator McCoy and others asked questions about standing and limitations; the sponsor said he was adding fees to existing causes of action and not changing standing rules in the current statute.
Senate recorded a roll-call to read SB7 for the third time and reported the motion passed with 28 yes, 0 nay, 1 absent. The bill was therefore ordered for third reading.
