Utah Code 26B-6-213. Private right of action — Estate asset — Attorney fees
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(1) A vulnerable adult who suffers harm or financial loss as a result of exploitation has a private right of action against the perpetrator.
Terms Used In Utah Code 26B-6-213
- Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Exploitation: means an offense described in Section Utah Code 26B-6-201
- Harm: means pain, mental anguish, emotional distress, hurt, physical or psychological damage, physical injury, serious physical injury, suffering, or distress inflicted knowingly or intentionally. See Utah Code 26B-6-201
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Vulnerable adult: means an elder adult, or a dependent adult who has a mental or physical impairment which substantially affects that person's ability to:(30)(a) provide personal protection;(30)(b) provide necessities such as food, shelter, clothing, or mental or other health care;(30)(c) obtain services necessary for health, safety, or welfare;(30)(d) carry out the activities of daily living;(30)(e) manage the adult's own financial resources; or(30)(f) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-6-201(2) Upon the death of a vulnerable adult, any cause of action under this section shall constitute an asset of the estate of the vulnerable adult.(3) If the plaintiff prevails in an action brought under this section, the court may order that the defendant pay the costs and reasonable attorney fees of the plaintiff.(4) If the defendant prevails in an action brought under this section, the court may order that the plaintiff pay the costs and reasonable attorney fees of the defendant, if the court finds that the action was frivolous, unreasonable, or taken in bad faith.