Miss. Code § 11-7-165 Award of Damages In Civil Action Against Person Who Steals, Embezzles, Extorts Or Converts Certain Property of Vulnerable Adult; "Position of Trust" Defined

• Library: Mississippi Statutes
• Edition: 2023
• Currency: Current through the 2023 Regular Session
• Year: 2023
• Citation: Miss. Code § 11-7-165

(1) In a civil action where it is proven that a person took property having a value of Two Hundred Fifty Dollars ($250.00) or more belonging to a vulnerable adult by conversion, embezzlement, extortion, theft or fraud without the owner's consent, or obtained the owner's consent by intimidation, deception, undue influence or by misusing a position of trust or a confidential relationship with the owner, then whether the action is to recover the property or damages in lieu thereof, or both, damages shall be recoverable up to three (3) times the amount of the monetary damages or value of the property embezzled, converted or otherwise stolen, in addition to any other damages.

(2) For purposes of this section, "position of trust" shall include, but not be limited to, a person who:

(a) Is named the attorney-in-fact in a power of attorney, whether executed before or after the adult became vulnerable;

(b) Has assumed a duty to provide care to the vulnerable adult;

(c) Is in a fiduciary relationship with the vulnerable adult, including a de facto guardian or de facto conservator; or