Connecticut General Statutes 17b-462 – Cause of action by elderly victim. Civil attachment jurisdiction
(a) An elderly person who has been the victim of abuse, neglect, exploitation or abandonment, as such terms are defined in § 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.
Terms Used In Connecticut General Statutes 17b-462
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
(b) In any action to recover damages based upon a claim of exploitation, as defined in § 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.