«But damages can be awarded only for
harm «actually incurred,» and Plaintiffs
allege at most speculative future
harms that may never eventuate... Plaintiffs» requested damages award would also violate Defendants» constitutional
due process rights by imposing massive retroactive liability for conduct that was legal — in fact, encouraged — at the time it occurred (and still is today), as well as for protected First Amendment activities.»
The
alleged harm may be
due to a guardian's medical, residential and / or environmental decision making, through a lack of fiduciary care to the vulnerable adult's estate by a conservator or through agency / family mismanagement of a vulnerable adult's care through management decisions or by agency / family caregivers providing inappropriate / unnecessary care.