62A-3-301 - Definitions.
62A-3-301. Definitions.
As used in this part:
(1) "Abandonment" means any knowing or intentional action or failure to act, includingdesertion, by a person or entity acting as a caretaker for a vulnerable adult that leaves thevulnerable adult without the means or ability to obtain necessary food, clothing, shelter, ormedical or other health care.
(2) "Abuse" means:
(a) knowingly or intentionally:
(i) attempting to cause harm;
(ii) causing harm; or
(iii) placing another in fear of harm;
(b) unreasonable or inappropriate use of physical restraint, medication, or isolation thatcauses or is likely to cause harm to a vulnerable adult;
(c) emotional or psychological abuse;
(d) a sexual offense as described in Title 76, Chapter 5, Offenses Against the Person; or
(e) deprivation of life sustaining treatment, or medical or mental health treatment,except:
(i) as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or
(ii) when informed consent, as defined in Section 76-5-111, has been obtained.
(3) "Adult" means a person who is 18 years of age or older.
(4) "Adult protection case file" means a record, stored in any format, contained in a casefile maintained by Adult Protective Services.
(5) "Adult Protective Services" means the unit within the division responsible toinvestigate abuse, neglect, and exploitation of vulnerable adults and provide appropriateprotective services.
(6) "Capacity to consent" means the ability of a person to understand and communicateregarding the nature and consequences of decisions relating to the person, and relating to theperson's property and lifestyle, including a decision to accept or refuse services.
(7) "Caretaker" means each person, entity, corporation, or public institution that assumesthe responsibility to provide a vulnerable adult with care, food, shelter, clothing, supervision,medical or other health care, resource management, or other necessities.
(8) "Counsel" means an attorney licensed to practice law in this state.
(9) "Database" means the statewide database maintained by the division under Section62A-3-311.1.
(10) "Elder abuse" means abuse, neglect, or exploitation of an elder adult.
(11) "Elder adult" means a person 65 years of age or older.
(12) "Emergency" means a circumstance in which a vulnerable adult is at an immediaterisk of death, serious physical injury, or serious physical, emotional, or financial harm.
(13) (a) "Emotional or psychological abuse" means knowing or intentional verbal ornonverbal conduct directed at a vulnerable adult that results or could result in the vulnerableadult suffering mental anguish, emotional distress, fear, humiliation, degradation, agitation, orconfusion.
(b) "Emotional or psychological abuse" includes ridiculing, intimidating, yelling,swearing, threatening, isolating, coercing, or harassing.
(14) "Exploitation" means the offense described in Subsection 76-5-111(4).
(15) "Harm" means pain, mental anguish, emotional distress, hurt, physical orpsychological damage, physical injury, serious physical injury, suffering, or distress inflictedknowingly or intentionally.
(16) "Inconclusive" means a finding by the division that there is not a reasonable basis toconclude that abuse, neglect, or exploitation occurred.
(17) "Intimidation" means communication through verbal or nonverbal conduct whichthreatens deprivation of money, food, clothing, medicine, shelter, social interaction, supervision,health care, or companionship, or which threatens isolation or abuse.
(18) (a) "Isolation" means knowingly or intentionally preventing a vulnerable adult fromhaving contact with another person by:
(i) preventing the vulnerable adult from receiving visitors, mail, or telephone calls,contrary to the expressed wishes of the vulnerable adult, including communicating to a visitorthat the vulnerable adult is not present or does not want to meet with or talk to the visitor,knowing that communication to be false;
(ii) physically restraining the vulnerable adult in order to prevent the vulnerable adultfrom meeting with a visitor; or
(iii) making false or misleading statements to the vulnerable adult in order to induce thevulnerable adult to refuse to receive communication from visitors or other family members.
(b) The term "isolation" does not include an act intended to protect the physical or mentalwelfare of the vulnerable adult or an act performed pursuant to the treatment plan or instructionsof a physician or other professional advisor of the vulnerable adult.
(19) "Lacks capacity to consent" has the meaning as provided in Section 76-5-111.
(20) (a) "Neglect" means:
(i) (A) failure of a caretaker to provide necessary care, including nutrition, clothing,shelter, supervision, personal care, or dental, medical, or other health care for a vulnerable adult,unless the vulnerable adult is able to provide or obtain the necessary care without assistance; or
(B) failure of a caretaker to provide protection from health and safety hazards ormaltreatment;
(ii) failure of a caretaker to provide care to a vulnerable adult in a timely manner andwith the degree of care that a reasonable person in a like position would exercise;
(iii) a pattern of conduct by a caretaker, without the vulnerable adult's informed consent,resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or otherservices necessary to maintain the vulnerable adult's well being;
(iv) knowing or intentional failure by a caretaker to carry out a prescribed treatment planthat causes or is likely to cause harm to the vulnerable adult;
(v) self-neglect by the vulnerable adult; or
(vi) abandonment by a caretaker.
(b) "Neglect" does not include conduct, or failure to take action, that is permitted orexcused under Title 75, Chapter 2a, Advance Health Care Directive Act.
(21) "Physical injury" includes the damage and conditions described in Section 76-5-111.
(22) "Protected person" means a vulnerable adult for whom the court has orderedprotective services.
(23) "Protective services" means services to protect a vulnerable adult from abuse,neglect, or exploitation.
(24) "Self-neglect" means the failure of a vulnerable adult to provide or obtain food,
water, medication, health care, shelter, cooling, heating, safety, or other services necessary tomaintain the vulnerable adult's well being when that failure is the result of the adult's mental orphysical impairment. Choice of lifestyle or living arrangements may not, by themselves, beevidence of self-neglect.
(25) "Serious physical injury" is as defined in Section 76-5-111.
(26) "Supported" means a finding by the division that there is a reasonable basis toconclude that abuse, neglect, or exploitation occurred.
(27) "Undue influence" occurs when a person uses the person's role, relationship, orpower to exploit, or knowingly assist or cause another to exploit, the trust, dependency, or fear ofa vulnerable adult, or uses the person's role, relationship, or power to gain control deceptivelyover the decision making of the vulnerable adult.
(28) "Vulnerable adult" means an elder adult, or an adult who has a mental or physicalimpairment which substantially affects that person's ability to:
(a) provide personal protection;
(b) provide necessities such as food, shelter, clothing, or mental or other health care;
(c) obtain services necessary for health, safety, or welfare;
(d) carry out the activities of daily living;
(e) manage the adult's own financial resources; or
(f) comprehend the nature and consequences of remaining in a situation of abuse,neglect, or exploitation.
(29) "Without merit" means a finding that abuse, neglect, or exploitation did not occur.
Amended by Chapter 91, 2008 General Session