Montana Code 30-14-144. Additional penalty for unfair or deceptive act committed against vulnerable adult
30-14-144. Additional penalty for unfair or deceptive act committed against vulnerable adult. (1) In addition to any civil penalty imposed pursuant to 30-14-142, a person who engages in a practice unlawful under 30-14-103 and whose conduct is perpetrated against a vulnerable adult is liable for an additional civil penalty not to exceed $10,000 for each violation if the court finds that:
Terms Used In Montana Code 30-14-144
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Person: means natural persons, corporations, trusts, partnerships, incorporated or unincorporated associations, and any other legal entity. See Montana Code 30-14-102
- Property: means real and personal property. See Montana Code 1-1-205
(a)the person knew or should have known that the person’s conduct was directed toward one or more vulnerable adults; or
(b)the person’s conduct caused a vulnerable adult to suffer one of the following:
(i)loss or encumbrance of a primary residence;
(ii)loss of principal employment or other source of income;
(iii)substantial loss of property set aside for retirement or for personal or family care and maintenance;
(iv)substantial loss of payments received under a pension or retirement plan or a government benefits program; or
(v)loss of assets essential to the health or welfare of the vulnerable adult.
(2)Damages awarded in an action under 30-14-133 must be given priority over imposition of civil penalties ordered by the court under this section.
(3)As used in this section, “vulnerable adult” has the meaning provided in 52-3-803.