The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
SB510,1 1Section 1 . 895.033 of the statutes is created to read:
SB510,2,3 2895.033 Financial exploitation of a vulnerable person. (1) In this
3section:
SB510,2,44 (a) “Elderly person" means a person 65 years of age or older.
SB510,2,95 (b) “Financially incapable person" means a person who is unable to manage his
6or her financial resources effectively for reasons including mental illness,
7intellectual disability, physical illness or disability, chronic use of drugs or controlled
8substances, chronic intoxication, confinement, detention by a foreign power, or
9disappearance.
SB510,2,1010 (c) “Incapacitated" has the meaning given in s. 701.0103 (12).
SB510,2,1111 (d) “Noneconomic damages" has the meaning given in s. 893.55 (4) (a).
SB510,2,1312 (e) “Person with a disability" means a person with a physical or mental
13impairment that has all of the following characteristics:
SB510,2,1514 1. Is likely to continue without substantial improvement for no fewer than 12
15months or to result in death.
SB510,3,216 2. Prevents performance of substantially all of the ordinary duties of
17occupations in which an individual not having the physical or mental impairment is

1capable of engaging, having due regard for the training, experience, and
2circumstances of the person with the physical or mental impairment.
SB510,3,33 (f) “Vulnerable person" means any of the following:
SB510,3,44 1. An elderly person.
SB510,3,55 2. A financially incapable person.
SB510,3,66 3. An incapacitated person.
SB510,3,97 4. A person with a disability who is susceptible to force, threat, duress, coercion,
8persuasion, or physical or emotional injury because of the person's physical or mental
9impairment.
SB510,3,13 10(2) Any of the following persons may, on behalf of a vulnerable person who
11suffers injury or damage by reason of financial exploitation, bring an action under
12this section against a person who has caused the financial exploitation or has
13permitted another person to engage in the financial exploitation:
SB510,3,1414 (a) The vulnerable person.
SB510,3,1515 (b) A guardian or conservator for the vulnerable person.
SB510,3,1716 (c) A personal representative for the estate of a decedent who was the
17vulnerable person at the time the cause of action arose.
SB510,3,1818 (d) A trustee for a trust on behalf of any of the following:
SB510,3,1919 1. A trustor who is the vulnerable person.
SB510,3,2020 2. The spouse of a trustor who is the vulnerable person.
SB510,3,22 21(3) An action may be brought under this section for financial exploitation of a
22vulnerable person if any of the following circumstances exist:
SB510,3,2523 (a) A person wrongfully takes or appropriates money or property of a
24vulnerable person, without regard to whether the person taking or appropriating the
25money or property has a fiduciary relationship with the vulnerable person.
SB510,4,6
1(b) A vulnerable person requests that another person transfer to the vulnerable
2person any money or property that the other person holds or controls and that
3belongs to or is held in express trust, constructive trust, or resulting trust for the
4vulnerable person, and the other person, without good cause, either continues to hold
5the money or property or fails to take reasonable steps to make the money or property
6readily available to the vulnerable person when all of the following are true:
SB510,4,97 1. The other person or someone acting in concert with the other person acquires
8ownership or control of the money or property in whole or in part from the vulnerable
9person.
SB510,4,1210 2. The other person acts in bad faith, or knew or should have known of the right
11of the vulnerable person to have the money or property transferred as requested or
12otherwise made available to the vulnerable person.
SB510,4,16 13(4) A person may bring an action under this section against a person for
14permitting another person to engage in financial exploitation of a vulnerable person
15if the person knowingly acts or fails to act under circumstances in which a reasonable
16person should have known of the financial exploitation.
SB510,4,21 17(5) A transfer of money or property that is made for the purpose of qualifying
18a vulnerable person for Medical Assistance benefits or for any other state or federal
19assistance program, or the holding and exercise of control over money or property
20after such a transfer, does not constitute a wrongful taking or appropriation under
21sub. (3) (a) or the holding of money or property without good cause under sub. (3) (b).
SB510,4,23 22(6) The court shall award all of the following to a plaintiff who prevails in an
23action under this section:
SB510,4,2524 (a) An amount equal to 3 times all economic damages resulting from the
25financial exploitation, or $500, whichever amount is greater.
SB510,5,2
1(b) An amount equal to 3 times all noneconomic damages resulting from the
2financial exploitation.
SB510,5,43 (c) Notwithstanding s. 814.04 (1), reasonable attorney fees incurred by the
4plaintiff.
SB510,5,65 (d) Reasonable fees for the services of any conservator or guardian ad litem
6incurred by reason of the litigation of a claim brought under this section.
SB510,5,77 (End)
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