Elder abuse has remained a persistent problem for decades. If an elderly or vulnerable person has been neglected, abused, or exploited in Nevada, the law provides some specific civil remedies.

Types of plaintiffs.

An “older person” is anyone who was at least 60 years old when the abuse or neglect took place. NRS 41.1395(4)(d).

The definition of “vulnerable person” is split into two categories. The first requires the individual to have “a physical or mental impairment that substantially limits one or more of the major life activities of the person.” NRS 41.1395(4)(e)(1). The second applies to a person who may not be presently impaired but has “a medical or psychological record of the impairment or is otherwise regarded as having the impairment.” Further, the second category includes “a person who has an intellectual disability, a person who has a severe learning disability, a person who suffers from severe mental or emotional illness or a person who suffers from a terminal or catastrophic illness or injury.” NRS 41.1395(4)(e)(2). This definition applies to a broad range of physical and mental impairments.

A vulnerable person can only pursue a claim under the statute if the defendant knew or had reason to know of the plaintiff’s status as a vulnerable person. NRS 41.1395(3). No such restriction applies if the plaintiff is an older person.

Types of wrongful conduct.

Three types of wrongful conduct fall under the statute: (1) abuse, (2) neglect, and (3) exploitation.

1. Abuse. Abuse means “willful and unjustified infliction of pain, injury or mental anguish; or deprivation of food, shelter, clothing or services which are necessary to maintain the physical or mental health of an older person or a vulnerable person.” NRS 41.1395(4)(a). The conduct must have been purposeful and includes situations of physical or sexual violence. It also includes psychological and emotional abuse that causes injury or death. Other cases have involved caretakers punishing or disciplining victims by withholding care, food, clothing or shelter. Sometimes such deprivation of basic necessities takes place out of sheer cruelty.

2. Neglect. The term “neglect” applies to those who have “assumed legal responsibility or a contractual obligation for caring for an older person or a vulnerable person, or who has voluntarily assumed responsibility for such a person’s care, to provide food, shelter, clothing or services.” The defendant must have had some contractual or assumed duty to take care of the plaintiff. Typical defendants include nursing homes, care facilities, hospitals, family members, and other caretakers. Neglect is the failure of the defendant to meet his or her responsibilities or obligations. If the defendant assumed his or her duties voluntarily, there must exist proof to show “the person has expressly acknowledged the person’s responsibility to provide such care.” NRS 41.1395(4)(c).

3. Exploitation. This applies to any number of situations where the defendant has gained the trust and confidence of an older or vulnerable person to steal money or property. NRS 41.1395(4)(b). Some of the most common cases falling under this category are scams or securities fraud. Undue influence exercised over a victim’s financial affairs or estate plan also falls within the definition. In one instance that took place outside Nevada, a younger person married an older person, took control of the older person’s finances, then confined and abandoned the older person in the basement. (Obviously, this situation would also qualify as abuse and neglect.)

Double damages. Double damages are available for personal injuries or death caused by abuse or neglect. They are also available for loss of money or property caused by exploitation. NRS 41.1395(1). This means that the plaintiff can be awarded twice as much as would be otherwise possible.

Attorney fees and costs. The defendant might have to pay for the plaintiff’s attorney fees and costs. The plaintiff has to be able to show by a preponderance of the evidence (again, meaning “more likely than not”) that the defendant acted “with recklessness, oppression, fraud or malice.” NRS 41.1395(2).

Chris Beckstrom