State Affairs and Government

CHAPTER 42-9.2
Office of Elder Justice Prosecution Unit

SECTION 42-9.2-2

§ 42-9.2-2. Definitions.

As used in this chapter:

(1) "Abuse" means the knowing infliction of physical or psychological harm or the knowing deprivation of goods or services that are necessary to meet essential needs or to avoid physical or psychological harm.

(2) "Caregiver" means any person who is for a significant period of time the primary caregiver and/or is primarily responsible for the management of the funds of a senior.

(3) "Elder" means an individual sixty (60) years or older.

(4) "Elder justice" means efforts to prevent, detect, treat, intervene in and prosecute elder abuse, neglect and exploitation and to protect elders while maximizing their autonomy as well as the recognition of an elder's rights, including the right to be free of abuse, neglect and exploitation.

(5) "Exploitation" means the fraudulent or otherwise illegal, unauthorized or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an elder for monetary or personal benefit, profit, gain, or that results in depriving an elder of rightful access to or use of, benefits, resources, belongings, or assets by use of undue influence, harassment, duress, deception, false representation or false pretenses.

(6) "Neglect" means the failure of a caregiver or fiduciary to provide the goods or services that are necessary to maintain the health or safety of an elder.

History of Section.
(P.L. 2005, ch. 331, § 1; P.L. 2005, ch. 398, § 1.)