South Dakota statute
SDCL § 22-46-13 — Action against perpetrator for exploitation--Compensatory and punitive damages--Attorney's fees
Current through text effective June 30, 2026 (through the 2025 Regular Session)
Part of Chapter 46: Abuse, Neglect, Or Exploitation Of Elders Or Adults With Disabilities, South Dakota Codified Laws.
Full text of SDCL § 22-46-13
Statutory text current through the text effective June 30, 2026 (through the 2025 Regular Session). This publication reproduces the official statutory text; it is not the official statutes of the State of South Dakota.
A court may find that an elder or adult with a disability has been exploited as defined in § 22-46-1 or 22-46-3. If a court finds exploitation occurred, the elder or adult with a disability has a cause of action against the perpetrator and may recover actual and punitive damages for the exploitation. The action may be brought by the elder or adult with a disability, or that person's guardian, conservator, by a person or organization acting on behalf of the elder or adult with a disability with the consent of that person or that person's guardian or conservator, or by the personal representative of the estate of a deceased elder or adult with a disability without regard to whether the cause of death resulted from the exploitation. The action may be brought in any court of competent jurisdiction to enforce the action. A party who prevails in the action may recover reasonable attorney's fees, costs of the action, compensatory damages, and punitive damages.
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This reference is informational and is not legal advice.