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§ 13-605. Who may bring action; action in addition to other actions

West's Annotated Code of MarylandEstates and TrustsEffective: October 1, 2021

West's Annotated Code of Maryland
Estates and Trusts (Refs & Annos)
Title 13. Protection of Minors, Disabled Persons, Susceptible Adults, and Older Adults (Refs & Annos)
Subtitle 6. Financial Exploitation of Susceptible Adults and Older Adults (Refs & Annos)
Effective: October 1, 2021
MD Code, Estates and Trusts, § 13-605
§ 13-605. Who may bring action; action in addition to other actions
Currentness
Who may bring action
(a) An action may be brought under this subtitle by a susceptible adult or older adult or by a person serving in one or more of the following representative capacities for a susceptible adult or older adult:
(1) An attorney in fact, guardian, trustee, or other fiduciary acting on behalf of the susceptible adult or older adult, or a successor named in an instrument providing such authorization;
(2) A person authorized to make health care decisions for the susceptible adult or older adult, or a successor named in an instrument providing the authorization;
(3) A spouse, parent, or descendent of the susceptible adult or older adult;
(4) An individual who would qualify as the susceptible adult's or older adult's presumptive heir;
(5) A person named as a beneficiary to receive any property, benefit, or contractual right on the susceptible adult's or older adult's death, including a person who would be a beneficiary but for the financial exploitation;
(6) The personal representative or special administrator of an estate of a deceased susceptible adult or older adult; or
(7) A government agency that otherwise has authority and jurisdiction, including:
(i) The Division of Consumer Protection in the Office of the Attorney General; and
(ii) The Securities Commissioner of the Division of Securities in the Office of the Attorney General.
Action in addition to and cumulative with other criminal or administrative claims, causes of action at law or in equity, or remedies
(b) A cause of action authorized under this subtitle:
(1) Is in addition to and cumulative with any other criminal or administrative claims, causes of action at law or in equity, or remedies otherwise available to the susceptible adult or older adult, including an action under § 13-204 of the Commercial Law Article and § 11-209 of the Corporations and Associations Article; and
(2) Shall survive the death of the susceptible adult or older adult.

Credits

Added by Acts 2021, c. 311, § 1, eff. Oct. 1, 2021.
MD Code, Estates and Trusts, § 13-605, MD EST & TRST § 13-605
Current through legislation effective through April 25, 2024, from the 2024 Regular Session of the General Assembly. Some statute sections may be more current, see credits for details.
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