Elder Abuse and Elder Financial Exploitation Statutes

Title 5. Criminal Offenses
Subtitle 3. Offenses Involving Families, Dependents, Etc.
Chapter 28. Abuse of Adults
Subchapter 1. General Provisions
§ 5-28-101. Definitions

As Used in this chapter:

(6) “Exploitation” means:
(A) The illegal or unauthorized use or management of an adult endangered person's or an adult impaired person's funds, assets, or property or the use of an adult endangered person's or an adult impaired person's person, power of attorney, or guardianship for the profit or advantage of the actor or another person; or
(B) Misappropriation of property of an adult long-term care facility resident which means the deliberate misplacement, exploitation, or wrongful, temporary, or permanent use of an adult long-term care facility resident's belongings or money without the adult long-term care facility resident's consent;

(5) “Endangered person” means:
(A) An adult who:
(i) Is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to the adult; and
(ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or
(B) A long-term care facility resident who:
(i) Is found to be in a situation or condition which poses an imminent risk of death or serious bodily harm to the person; and
(ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition;

(8)(A) "Impaired person" means a person eighteen (18) years of age or older who as a result of mental or physical impairment is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation, and as a consequence of this inability to protect himself or herself is endangered.
(B) For purposes of this chapter, a long-term care facility resident is presumed to be an "impaired person";

Title 12  Law Enforcement, Emergency Management, and Military Affairs 
Subtitle 2.  Law Enforcement Agencies and Programs 
Chapter 12  Crime Reporting And Investigations 
Subchapter 17  -- Adult and Long-Term Care Facility Resident Maltreatment Act

As used in this subchapter:    (1)  (A) "Abuse" means with regard to any long-term care facility resident or any patient at the Arkansas State Hospital by a caregiver:         (i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person, excluding court-ordered medical care or medical care requested by the patient or long-term care facility resident or a person legally authorized to make medical decisions on behalf of the patient or long-term care facility resident;         (ii) Any intentional act that a reasonable person would believe subjects an endangered person or an impaired person, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm, excluding necessary care and treatment provided in accordance with generally recognized professional standards of care;         (iii) Any intentional threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered person or an impaired person except in the course of medical treatment or for justifiable cause; or         (iv) Any willful infliction of injury, unreasonable confinement, intimidation, or punishment with resulting physical harm, pain, or mental anguish.                      (B) "Abuse" means with regard to any person who is not a long-term care facility resident or a patient at the Arkansas State Hospital:         (i) Any intentional and unnecessary physical act that inflicts pain on or causes injury to an endangered person or an impaired person;         (ii) Any intentional act that a reasonable person would believe subjects an endangered person or an impaired person, regardless of age, ability to comprehend, or disability, to ridicule or psychological injury in a manner likely to provoke fear or alarm; or         (iii) Any intentional threat that a reasonable person would find credible and nonfrivolous to inflict pain on or cause injury to an endangered person or an impaired person except in the course of medical treatment or for justifiable cause;

 (2) "Adult maltreatment" means abuse, exploitation, neglect, or sexual abuse of an adult;

  (6) "Exploitation" means the: (A) Illegal or unauthorized use or management of an endangered person's or an impaired person's funds, assets, or property;  (B) Use of an adult endangered person's or an adult impaired person's power of attorney or guardianship for the profit or advantage of one's own self or another; (C) The fraudulent or otherwise illegal, unauthorized, or improper act or process of a person, including a caregiver or fiduciary, that uses the resources of an endangered person, impaired person, or long-term care facility resident for monetary or personal benefit, profit, or gain, or that results in depriving the endangered person, impaired person, or long-term care facility resident of rightful access to or use of benefits, resources, belongings, or assets; or  (D) Misappropriation of property of a long-term care facility resident, that is, the deliberate misplacement, exploitation, or wrongful, temporary, or permanent use of a long-term care facility resident's belongings or money without the long-term care facility resident's consent;

  (16) "Neglect" means: (A) An act or omission by an endangered person or an impaired person, for example, self-neglect; or    (B) An act or omission by a caregiver responsible for the care and supervision of an endangered person or an impaired person constituting:     (i) Negligently failing to provide necessary treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services to an endangered person or an impaired person;  (ii) Negligently failing to report health problems or changes in health problems or changes in the health condition of an endangered person or an impaired person to the appropriate medical personnel;   (iii) Negligently failing to carry out a treatment plan developed or implemented by the facility; or  (iv) Negligently failing to provide goods or services to a long-term care facility resident necessary to avoid physical harm, mental anguish, or mental illness;

 (21) "Sexual abuse" means deviate sexual activity, sexual contact, or sexual intercourse, as those terms are defined in § 5-14-101, with another person who is not the actor's spouse and who is incapable of consent because he or she is mentally defective, mentally incapacitated, or physically helpless; and