Articles Tagged with breach of fiduciary duty

 The Tennessee Adult Protection Act, T. C. A. Sec. 71-6-101 et seq, creates civil action for compensatory  and, as appropriate, punitive damages when "adults" covered by the act are victims of abuse or neglect, sexual abuse or exploitation and  for theft of  money or property whether by fraud, deceit, coercion or otherwise.  Those covered by the Act fall within this definition of adult:

 “Adult” means a person eighteen (18) years of age or older who because of mental or physical dysfunctioning or advanced age is unable to manage such person’s own resources, carry out the activities of daily living, or protect such person from neglect, hazardous or abusive situations without assistance from others and who has no available, willing, and responsibly able person for assistance and who may be in need of protective services; provided, however, that a person eighteen (18) years of age or older who is mentally impaired but still competent shall be deemed to be a person with mental dysfunction for the purposes of this chapter

The Act also permits recovery of attorneys’ fees in certain circumstances.

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