What it means
A vulnerable adult who has been abused, neglected, or exploited has a statutory cause of action against any perpetrator, for actual and punitive damages. The suit may be brought by the adult, by the adult's guardian, by a person or organization acting on the adult's behalf with consent, or — the clause that matters in probate — by the personal representative of a deceased victim's estate, whether or not the death resulted from the abuse.
A prevailing party may be entitled to reasonable attorney's fees and costs, and the remedies are expressly cumulative with every other legal and administrative remedy — the claim stacks with civil theft under §772.11 rather than replacing it.
- Cause of action against any perpetrator of abuse, neglect, or exploitation of a vulnerable adult.
- Recovers actual and punitive damages; a prevailing party may be entitled to attorney's fees and costs.
- The personal representative of a deceased victim's estate may sue — regardless of whether death resulted from the abuse.
- Also bringable by the adult's guardian, or by a person or organization acting on the adult's behalf with consent.
- Remedies are cumulative — they add to, not replace, other legal and administrative remedies.
How it plays out
This claim is an estate asset, and we treat it like one. When an inventory shows accounts that emptied in the decedent's last years, the personal representative can sue the exploiter directly — and the death-need-not-be-related clause removes the usual survival argument. The fee provision is what makes these cases economically possible for families who just discovered the money is gone. It pairs naturally with §772.11 civil theft, which trebles damages after a written demand.
Where this shows up
Pages on this site where § 415.1111 does real work:
Related sections
Questions people ask
