Notwithstanding any provision of this code to the contrary, acting in a position of trust and confidence, including, but not limited to, as guardian, conservator, trustee or attorney for or holding power of attorney for an elderly person, protected person or incapacitated adult shall not, standing alone, constitute a defense to an action brought under this article.
§55-7J-3. Court authorized remedies.
(2) For violations committed by a person in a position of trust and confidence, payment of treble damages.