HB645 Alabama 2021 Session

Summary

Primary Sponsor

Chris PringleRepresentative

Republican

Session

Regular Session 2021

Title

Vulnerable adults, to provide a private right of action for vulnerable adults who have been financially exploited, Secs. 8-6-190 to 8-6-195, inclusive, added; Sec. 8-6-171 am'd.

Summary

HB645 creates a private civil remedy for vulnerable adults to sue for financial exploitation, allows claims to continue after the adult’s death, and sets a discovery-based time limit for filing.

What This Bill Does

The bill adds the Financial Exploitation Act, defines financial exploitation and vulnerable adults, and allows a private civil action by a vulnerable adult or certain representatives against people who commit financial exploitation. It states that such claims can survive the vulnerable adult’s death and establishes a statute of limitations based on discovery, with a maximum of four years from death. It also authorizes damages including compensatory and punitive damages, costs, and attorney’s fees, and assigns probate courts concurrent jurisdiction with circuit courts for these claims.

Who It Affects

• Vulnerable adults (age 65 or older, or a protected person) who could be financially exploited and would have a private right of action under the bill.
• Representives and related parties (such as the vulnerable adult’s personal representative, guardian, guardian ad litem, conservator, spouse, parent, descendant, power-of-attorney agent, or a beneficiary with an interest in the adult’s estate or trust) who may file or be involved in the action on behalf of the vulnerable adult.

Key Provisions

• Creates the Financial Exploitation Act as a new Article 8 to Title 8, Chapter 6, and amends Section 8-6-171 to redefine related terms.
• Defines 'financial exploitation' and 'vulnerable adult' with specific examples including wrongful taking, failure to repay debts, and actions through power of attorney or guardianship to gain control or convert property.
• Establishes a private right of action for financial exploitation, allows survival of the claim after death, and sets who may sue (listed individuals and entities in 8-6-192).
• Gives probate courts concurrent jurisdiction with circuit courts for these claims (8-6-193).
• Sets the statute of limitations: accrual occurs on discovery; 3 years to file after discovery, but no more than 4 years from death (8-6-194).
• Allows recovery of compensatory and punitive damages, costs, and reasonable attorney’s fees (8-6-195).
• Effective date: becomes law on the first day of the third month after passage and governor approval.

AI-generated summary using openai/gpt-5-nano on Feb 22, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Vulnerable Adults