Civil cause of action for financial exploitation. (FE)
If enacted, AB116 would significantly impact existing state statutes by creating a formal legal avenue for victims of financial exploitation. The bill outlines who can bring a civil action and under what circumstances. It allows not only the vulnerable individuals themselves but also guardians, conservators, and personal representatives of decedents to take legal action against exploiters. This could result in increased protection for vulnerable groups and may encourage more individuals to pursue justice in cases of financial wrongdoing, fostering a safer financial environment for those at risk.
Assembly Bill 116 aims to establish a civil cause of action for the financial exploitation of vulnerable persons within Wisconsin. The bill specifically defines 'vulnerable persons' to include the elderly, financially incapable individuals, those who are incapacitated, and persons with disabilities susceptible to coercive actions due to physical or mental impairments. Through this legislation, victims of financial exploitation would be empowered to seek legal recourse against those who wrongfully take or appropriate their resources, thereby enhancing protective measures for some of the state's most at-risk individuals.
Discussion surrounding AB116 may invoke several notable points of contention. Advocates for the bill highlight the importance of safeguarding vulnerable individuals from financial abuse, arguing that its provisions are crucial given the rising cases of exploitation. Conversely, opponents may express concerns regarding the potential for misuse of the law or the implications it has on individuals who manage or control financial assets of vulnerable persons. The bill's definition of 'financial exploitation' and the legal standards for proof may also face scrutiny, particularly regarding the burden of proof required for claims.