§ 11-68-1 - Definitions.
SECTION 11-68-1
§ 11-68-1 Definitions. – As used in this chapter:
(1) "Business relationship" means a relationship between two(2) or more individuals or entities where there exists an oral or writtencontract or agreement for goods or services.
(2) "Caregiver" means a person who has been entrusted with orhas assumed responsibility for the care or the property of an elder person.Caregiver includes, but is not limited to, relatives, court-appointed orvoluntary guardians, adult household members, neighbors, health care providers,and employees and volunteers of elder care facilities.
(3) "Deception" means misrepresenting or concealing amaterial fact relating to:
(i) Services rendered, disposition of property, or use ofproperty, when such services or property are intended to benefit an elderperson; or
(ii) Terms of a contract or agreement entered into with anelder person; or
(iii) An existing or preexisting condition of any propertyinvolved in a contract or agreement entered into with an elder person; or
(iv) Using any misrepresentation, false pretense, or falsepromise in order to induce, encourage or solicit an elder person to enter intoa contract or agreement.
(4) "Elder person" means a person sixty-five (65) years ofage or older.
(5) "Intimidation" means the communication by word or act toan elder person that the elder person will be deprived of food, nutrition,clothing, shelter, supervision, medicine, medical services, money, or financialsupport or will suffer physical violence.
(6) "Lacks capacity to consent" means an impairment by reasonof mental illness, developmental disability, organic brain disorder, physicalillness or disability, short-term memory loss, or other cause, that causes anelder person to lack sufficient understanding or capacity to make orcommunicate reasonable decisions concerning the elder person's person orproperty.
(7) "Position of trust and confidence" with respect to anelder person means the position of a person who:
(i) Is a spouse, adult child, or other relative by blood ormarriage of the elder person;
(ii) Is a joint tenant or tenant in common with the elderperson;
(iii) Has a legal or fiduciary relationship with the elderperson including, but not limited to, a court-appointed or voluntary guardian,trustee, attorney, or conservator;
(iv) Is the caregiver of the elder person; or
(v) Is any other person who has been entrusted with or hasassumed responsibility for the use or management of the elder person's funds,assets, or property.