346-222. Definitions
For the purposes of this part:
"Abuse" means any of the following,
separately or in combination:
(1) Physical abuse;
(2) Psychological abuse;
(3) Sexual abuse;
(4) Financial exploitation;
(5) Caregiver neglect; or
(6) Self-neglect;
each as further defined in this chapter. Abuse does
not include, and a determination of abuse shall not be based solely on,
physical, psychological, or financial conditions that result when a vulnerable
adult seeks, or when a caregiver provides or permits to be provided, treatment
with the express consent of the vulnerable adult or in accordance with the
vulnerable adult's religious or spiritual practices.
"Capacity" means the ability to
understand and appreciate the nature and consequences of making decisions
concerning one's person or to communicate these decisions.
"Caregiver" means any person who has
knowingly and willingly assumed, on a part-time or full-time basis, the care,
supervision, or physical control of, or who has a legal or contractual duty to
care for the health, safety, and welfare of a vulnerable adult.
"Caregiver neglect" means the failure
of a caregiver to exercise that degree of care for a vulnerable adult that a
reasonable person with the responsibility of a caregiver would exercise within
the scope of the caregiver's assumed, legal or contractual duties, including
but not limited to the failure to:
(1) Assist with personal hygiene;
(2) Protect the vulnerable adult from abandonment;
(3) Provide, in a timely manner, necessary food,
shelter, or clothing;
(4) Provide, in a timely manner, necessary health
care, access to health care, prescribed medication, psychological care,
physical care, or supervision;
(5) Protect the vulnerable adult from dangerous,
harmful, or detrimental drugs, as defined in section 712-1240; provided that
this paragraph shall not apply to drugs that are provided to the vulnerable
adult pursuant to the direction or prescription of a practitioner, as defined
in section 712-1240;
(6) Protect the vulnerable adult from health and
safety hazards; or
(7) Protect the vulnerable adult from abuse by third
parties.
"Court" means the family court.
"Department" means the department of
human services and its authorized representatives.
"Director" means the director of
human services.
"Emergency medical treatment" means
any service necessary to maintain a person's physical health and without which
there is a reasonable belief that the person will suffer irreparable harm or
death.
"Financial exploitation" means the
wrongful taking, withholding, appropriation, or use of a vulnerable adult's
money, real property, or personal property, including but not limited to:
(1) The breach of a fiduciary duty, such as the
misuse of a power of attorney or the misuse of guardianship privileges,
resulting in the unauthorized appropriation, sale, or transfer of property;
(2) The unauthorized taking of personal assets;
(3) The misappropriation or misuse of moneys
belonging to the vulnerable adult from a personal or joint account; or
(4) The failure to effectively use a vulnerable
adult's income and assets for the necessities required for the vulnerable
adult's support and maintenance, by a person with a duty to expend income and
assets on behalf of the vulnerable adult for such purposes.
Financial exploitation may be accomplished through
coercion, manipulation, threats, intimidation, misrepresentation, or exertion
of undue influence.
"Party" means those persons, care
organizations, or care facilities entitled to notice of proceedings under
sections 346-237 and 346-238, including any state department or agency that is
providing services and treatment to a vulnerable adult in accordance with a
protective services plan.
"Physical abuse" means:
(1) The nonaccidental infliction of physical or
bodily injury, pain, or impairment, including but not limited to hitting,
slapping, causing burns or bruises, poisoning, or improper physical restraint;
or
(2) Causing physical injuries that are not
justifiably explained or where the history given for an injury is at variance
with the degree or type of injury.
"Protective services plan" means a
specific written plan, prepared by the department, that sets forth the specific
services and treatment to be provided to a vulnerable adult.
"Psychological abuse" means the
infliction of mental or emotional distress by use of threats, insults,
harassment, humiliation, provocation, intimidation, or other means that
profoundly confuse or frighten a vulnerable adult.
"Self-neglect" means:
(1) A vulnerable adult's inability or failure, due to
physical or mental impairment, or both, to perform tasks essential to caring
for oneself, including but not limited to:
(A) Obtaining essential food, clothing,
shelter, and medical care;
(B) Obtaining goods and services reasonably
necessary to maintain minimum standards of physical health, mental health,
emotional well-being, and general safety; or
(C) Management of one's financial assets and
obligations to accomplish the activities in subparagraphs (A) and (B); and
(2) The vulnerable adult appears to lack sufficient
understanding or capacity to make or communicate responsible decisions and
appears to be exposed to a situation or condition that poses an immediate risk
of death or serious physical harm.
"Sexual abuse" means nonconsensual
sexual contact or conduct caused by another person, including but not limited
to:
(1) Sexual assault, molestation, sexual fondling,
incest, or prostitution; or
(2) Pornographic photographing, filming, or
depiction.
"Vulnerable adult" means a person
eighteen years of age or older who, because of mental, developmental, or
physical impairment, is unable to:
(1) Communicate or make responsible decisions to
manage the person's own care or resources;
(2) Carry out or arrange for essential activities of
daily living; or
(3) Protect oneself from abuse, as defined in this
part.
[L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §1; am L 2008,
c 154, §4]
