Elder Abuse and Elder Financial Exploitation Statutes

The federal government, states, commonwealths, territories and the District of Columbia all have laws designed to protect older adults from elder abuse and guide the practice of adult protective services agencies, law enforcement agencies, and others. These laws vary considerably from state to state.
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Citation Statute
Civil Financial Exploitation
Code of Ala. § 38-9-2  (2016)

TITLE 38  Public Welfare 

CHAPTER 9  Protection of Aged or Disabled Adults

§ 38-9-2.  Definitions.

For the purposes of this chapter, the following terms shall have the following meanings:

(8) Exploitation. The expenditure, diminution, or use of the property, assets, or resources of a protected person without the express voluntary consent of that person or his or her legally authorized representative or the admission of or provision of care to a protected person who needs to be in the care of a licensed hospital by an unlicensed hospital after a court order obtained by the State Board of Health has directed closure of the unlicensed hospital. For the purpose of this section and Sections 38-9-6 and 38-9-7, the term "unlicensed hospital" shall have the meaning ascribed to it in Section 22-21-33, and the term "licensed hospital" shall have the meaning ascribed to it in Section 22-21-20.


(17) Protected person. Any person over 18 years of age subject to protection under this chapter or any person, including, but not limited to, persons who are senile, people with intellectual disabilities and developmental disabilities, or any person over 18 years of age that is mentally or physically incapable of adequately caring for himself or herself and his or her interests without serious consequences to himself or herself or others.

Civil Financial Exploitation
Alaska Stat. § 13.26.324  (2016)

TITLE 13.  DECEDENTS' ESTATES, GUARDIANSHIPS, TRANSFERS, TRUSTS, AND HEALTH CARE DECISIONS 

CHAPTER 26.  PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY; POWERS OF ATTORNEY 

ARTICLE 4.  PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS

Sec. 13.26.324.  Definitions

   In AS 13.26.165 -- 13.26.324, unless the context requires otherwise, "fraud" means

   (1) robbery, extortion, and coercion under AS 11.41.500 -- 11.41.530;

   (2) offenses against property under AS 11.46.100 -- 11.46.740; or

Civil Financial Exploitation
Alaska Stat. § 47.24.900  (2016)

TITLE 47.  WELFARE, SOCIAL SERVICES AND INSTITUTIONS 

CHAPTER 24.  PROTECTION OF VULNERABLE ADULTS

Sec. 47.24.900.  Definitions

  (8) "exploitation"

      (A) means unjust or improper use of another person or another person's resources for one's own profit or advantage, with or without the person's consent; and

      (B) includes acts by a person who stands in a position of trust or confidence with a vulnerable adult or who knows or should know that the vulnerable adult lacks the capacity to consent that involve obtaining profit or advantage through undue influence, deception, fraud, intimidation, or breach of fiduciary duty; in this subparagraph, "fraud" has the meaning given in AS 13.26.324(1) and (2);

   (9) "fiduciary duty" means the duty of a third party who stands in a position of trust or confidence with another person, including a vulnerable adult, to act with due regard for the benefit and interest of that person; 

Civil Financial Exploitation
Alaska Stat. § 47.24.900  (2016)

     (21) "vulnerable adult" means a person 18 years of age or older who, because of incapacity, mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, fraud, confinement, or disappearance, is unable to meet the person's own needs or to seek help without assistance.

Civil Financial Exploitation
A.R.S. § 14-5101 (2016)

Title 14 - Trusts, Estates and Protective Proceedings

14-5101. Definitions

In this title, unless the context otherwise requires:

1. "Incapacitated person" means any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person. In cases of limited guardianship only, a person is not deemed an incapacitated person for purposes of voting if the person files a petition, has a hearing and the judge determines by clear and convincing evidence that the person retains sufficient understanding to exercise the right to vote pursuant to section 14-5304.02.

Civil Financial Exploitation
A.R.S. § 46-451 (2016)

TITLE 46.  WELFARE 

CHAPTER 4.  ADULT PROTECTIVE SERVICES 

ARTICLE 1.  GENERAL PROVISIONS

§ 46-451. Definitions; program goals

A. In this chapter, unless the context otherwise requires:

4. "Exploitation" means the illegal or improper use of a vulnerable adult or his resources for another's profit or advantage.


9. "Vulnerable adult" means an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a physical or mental impairment. Vulnerable adult includes an incapacitated person as defined in section 14-5101.

Civil Financial Exploitation
A.C.A. § 9-20-103  (2016)  (See also A.C.A. § 12-12-1703  (2016))

Title 9  Family Law 

Subtitle 2.  Domestic Relations 

Chapter 20  Adult Maltreatment Custody Act

9-20-103.  Definitions.

(7) "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) Fraudulent or otherwise illegal, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources of an endangered or an impaired person or long-term care facility resident for monetary or personal benefit, profit, or gain or that results in depriving the person or 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;

(8) (A) "Fiduciary" means a person or entity with the legal responsibility to:

(i) Make decisions on behalf of and for the benefit of another person; and

(ii) Act in good faith and with fairness.

(B) "Fiduciary" includes without limitation a trustee, a guardian, a conservator, an executor, an agent under financial power of attorney or health care power of attorney, or a representative payee;


  (6) "Endangered adult" means:

      (A) An adult eighteen (18) years of age or older who:

         (i) Is found to be in a situation or condition that poses a danger to himself or herself; and

         (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or

      (B) An adult resident of a long-term care facility who:

         (i) Is found to be in a situation or condition that poses an imminent risk of death or serious bodily harm to that person; and

         (ii) Demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition;


(10)  (A) "Impaired adult" 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.

      (B) For purposes of this chapter, residents of a long-term care facility are presumed to be impaired persons.

      (C) For purposes of this chapter, a person with a mental impairment does not include a person who is in need of acute psychiatric treatment, chronic mental health treatment, alcohol or drug abuse treatment, or casework supervision by mental health professionals.

      (D) For purposes of this chapter, an adult who has a representative payee appointed for that adult by the Social Security Administration or other authorized agency is presumed to be an impaired adult in relation to adult maltreatment through financial exploitation;

Civil Financial Exploitation
Cal Wel & Inst Code § 15610.23 (2016)

WELFARE AND INSTITUTIONS CODE 

Division 9.  Public Social Services 

Part 3.  Aid and Medical Assistance 

Chapter 11.  Elder Abuse and Dependent Adult Civil Protection Act 

Article 2.  Definitions

§ 15610.23.  "Dependent adult"

(a) "Dependent adult" means any person between the ages of 18 and 64 years who resides in this state and who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age.

(b) "Dependent adult" includes any person between the ages of 18 and 64 years who is admitted as an inpatient to a 24-hour health facility, as defined in Sections 1250, 1250.2, and 1250.3 of the Health and Safety Code.

Civil Financial Exploitation
Cal Wel & Inst Code § 15610.27 (2016)

WELFARE AND INSTITUTIONS CODE 

Division 9.  Public Social Services 

Part 3.  Aid and Medical Assistance 

Chapter 11.  Elder Abuse and Dependent Adult Civil Protection Act 

Article 2.  Definitions

§ 15610.27.  "Elder"

"Elder" means any person residing in this state, 65 years of age or older.

Civil Financial Exploitation
Cal Wel & Inst Code § 15610.30 (2016)

WELFARE AND INSTITUTIONS CODE 

Division 9.  Public Social Services 

Part 3.  Aid and Medical Assistance 

Chapter 11.  Elder Abuse and Dependent Adult Civil Protection Act 

Article 2.  Definitions

§ 15610.30.  Financial abuse

(a) "Financial abuse" of an elder or dependent adult occurs when a person or entity does any of the following:

 (1) Takes, secretes, appropriates, obtains, or retains real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

 (2) Assists in taking, secreting, appropriating, obtaining, or retaining real or personal property of an elder or dependent adult for a wrongful use or with intent to defraud, or both.

 (3) Takes, secretes, appropriates, obtains, or retains, or assists in taking, secreting, appropriating, obtaining, or retaining, real or personal property of an elder or dependent adult by undue influence, as defined in Section 15610.70.

(b) A person or entity shall be deemed to have taken, secreted, appropriated, obtained, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates, obtains, or retains the property and the person or entity knew or should have known that this conduct is likely to be harmful to the elder or dependent adult.

(c) For purposes of this section, a person or entity takes, secretes, appropriates, obtains, or retains real or personal property when an elder or dependent adult is deprived of any property right, including by means of an agreement, donative transfer, or testamentary bequest, regardless of whether the property is held directly or by a representative of an elder or dependent adult.

(d) For purposes of this section, "representative" means a person or entity that is either of the following:

 (1) A conservator, trustee, or other representative of the estate of an elder or dependent adult.

 (2) An attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney.

Civil Financial Exploitation
C.R.S. 26-3.1-101 (2016)

TITLE 26. HUMAN SERVICES CODE 

ARTICLE 3.1. PROTECTIVE SERVICES FOR ADULTS AT RISK OF MISTREATMENT OR SELF-NEGLECT 

 PART 1. PROTECTIVE SERVICES FOR AT-RISK ADULTS

26-3.1-101. Definitions.

(4) "Exploitation" means an act or omission committed by a person that:

(a) Uses deception, harassment, intimidation, or undue influence to permanently or temporarily deprive an at-risk adult of the use, benefit, or possession of his or her money, assets, or property;

(b) In the absence of legal authority:

(I) Employs the services of a third party for the profit or advantage of the person or another person to the detriment of the at-risk adult; or

(II) Forces, compels, coerces, or entices an at-risk adult to perform services for the profit or advantage of the person or another person against the will of the at-risk adult; or

(c) Misuses the property of an at-risk adult in a manner that adversely affects the at-risk adult's ability to receive health care or health care benefits or to pay bills for basic needs or obligations.


(1) "At-risk adult" means an individual eighteen years of age or older who is susceptible to mistreatment, self-neglect, or exploitation because the individual is unable to perform or obtain services necessary for his or her health, safety, or welfare or lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his or her person or affairs.

Civil Financial Exploitation
Conn. Gen. Stat. § 17b-450  (2016)

Title 17b  Social Services 

Chapter 319dd  Protective Services for the Elderly

Sec. 17b-450.  (Formerly Sec. 17a-430). Definitions.

(4) …Exploitation refers to the act or process of taking advantage of an elderly person by another person or caretaker whether for monetary, personal or other benefit, gain or profit.


(1) The term "elderly person" means any resident of Connecticut who is sixty years of age or older.

Civil Financial Exploitation
31 Del. C. § 3902 (2016)

TITLE 31.  WELFARE 

PART II.  WELFARE AGENCIES 

CHAPTER 39.  ADULT PROTECTIVE SERVICES

§ 3902. Definitions.

(10) "Exploitation" means an act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior, or causing the vulnerable adult to perform services for the benefit of another.

(11) “Financial Exploitation” means the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of the elderly person or the vulnerable adult by any person or entity for any person's or entity's profit or advantage other than for the elder person or the vulnerable adult's profit or advantage. “Financial exploitation” includes, but is not limited to:

a. The use of deception, intimidation, or undue influence by a person or entity in a position of trust and confidence with an elderly person or a vulnerable adult to obtain or use the property, income, resources, or trust funds of the elderly person or the vulnerable adult for the benefit of a person or entity other than the elderly person or the vulnerable adult;

b. The breach of a fiduciary duty, including, but not limited to, the misuse of a power of attorney, trust, or a guardianship appointment, that results in the unauthorized appropriation, sale, or transfer of the property, income, resources, or trust funds of the elderly person or the vulnerable adult for the benefit of a person or entity other than the elderly person or the vulnerable adult; and

c. Obtaining or using an elderly person or a vulnerable adult's property, income, resources, or trust funds without lawful authority, by a person or entity who knows or clearly should know that the elderly person or the vulnerable adult lacks the capacity to consent to the release or use of his or her property, income, resources, or trust funds.


(2) “Adult who is impaired” shall mean any person 18 years of age or over who, because of physical or mental disability, is substantially impaired in the ability to provide adequately for the person’s own care and custody.

(23) “Vulnerable adult” means an adult who meets the criteria set forth in § 1105(c) of Title 11.

Civil Financial Exploitation
D.C. Code § 22-3201  (2016)

DIVISION IV.  CRIMINAL LAW AND PROCEDURE AND PRISONERS 

TITLE 22.  CRIMINAL OFFENSES AND PENALTIES 

SUBTITLE I.  CRIMINAL OFFENSES 

CHAPTER 32.  THEFT; FRAUD; STOLEN PROPERTY; FORGERY; AND EXTORTION 

SUBCHAPTER I.  GENERAL PROVISIONS

§ 22-3201. Definitions

(3) "Property" means anything of value. The term "property" includes, but is not limited to:

         (A) Real property, including things growing on, affixed to, or found on land;

         (B) Tangible or intangible personal property;

         (C) Services;

         (D) Credit;

         (E) Debt; and

         (F) A government-issued license, permit, or benefit.

      (4) "Property of another" means any property in which a government or a person other than the accused has an interest which the accused is not privileged to interfere with or infringe upon without consent, regardless of whether the accused also has an interest in that property. The term "property of another" includes the property of a corporation or other legal entity established pursuant to an interstate compact. The term "property of another" does not include any property in the possession of the accused as to which any other person has only a security interest.

Civil Financial Exploitation
D.C. Code § 7-1901  (2016)

DIVISION I.  GOVERNMENT OF DISTRICT 

TITLE 7.  HUMAN HEALTH CARE AND SAFETY 

SUBTITLE I.  PROTECTION AND CARE SYSTEMS 

CHAPTER 19.  ADULT PROTECTIVE SERVICES

§ 7-1901. Definitions

(8) "Exploitation" means the unlawful appropriation or use of another's "property” defined in§ 22-3201, for one's own benefit or that of a 3rd person.

Civil Financial Exploitation
Fla. Stat. § 415.102 (2016)

TITLE 30.  SOCIAL WELFARE (Chs. 409-430) 

CHAPTER 415.  ADULT PROTECTIVE SERVICES

§ 415.102.  Definitions of terms used in ss. 415.101-415.113

(8)(a) “Exploitation” means a person who:

1. Stands in a position of trust and confidence with a vulnerable adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, a vulnerable adult’s funds, assets, or property with the intent to temporarily or permanently deprive a vulnerable adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult; or

2. Knows or should know that the vulnerable adult lacks the capacity to consent, and obtains or uses, or endeavors to obtain or use, the vulnerable adult’s funds, assets, or property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the funds, assets, or property for the benefit of someone other than the vulnerable adult.

(b) “Exploitation” may include, but is not limited to:

1. Breaches of fiduciary relationships, such as the misuse of a power of attorney or the abuse of guardianship duties, resulting in the unauthorized appropriation, sale, or transfer of property;

2. Unauthorized taking of personal assets;

3. Misappropriation, misuse, or transfer of moneys belonging to a vulnerable adult from a personal or joint account; or

4. Intentional or negligent failure to effectively use a vulnerable adult’s income and assets for the necessities required for that person’s support and maintenance.


(28) “Vulnerable adult” means a person 18 years of age or older whose ability to perform the normal activities of daily living or to provide for his or her own care or protection is impaired due to a mental, emotional, sensory, long-term physical, or developmental disability or dysfunction, or brain damage, or the infirmities of aging.

Civil Financial Exploitation
O.C.G.A. § 30-5-3  (2016)

TITLE 30 - HANDICAPPED PERSONS

CHAPTER 5 - PROTECTION OF DISABLED ADULTS AND ELDER PERSONS

§ 30-5-3.  Definitions

  (8) "Exploitation" means the illegal or improper use of a disabled adult or elder person or that person's resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means for one's own or another's profit or advantage.


(6) "Elder person" means a person 65 years of age or older who is not a resident.

GA Code § 31-8-81 (2015) (4). (4) "Resident" means any person receiving treatment or care in a long-term care facility.

Civil Financial Exploitation
10 G.C.A. § 21002. Definitions.

Title 10. Health and Safety.

Chapter 2. Division of Public Welfare.

Article 10. Adult Protective Services

(b) Adult with a Disability is any person eighteen (18) years or older who:

(1) has a physical or mental impairment which substantially limits one (1) or more major life activities; or

(2) has a history of, or has been classified as having, an impairment which substantially limits one (1) or more major life activities.

(h) Elderly refers to a person age sixty (60) years or older.

(l) Financial or Property Exploitation means illegal or improper use of an elderly or adult with a disability's money, property, or other resources for monetary or personal benefit, profit or gain. This includes, but is not limited to, theft, misappropriation, concealment, misuse or fraudulent deprivation of money or property belonging to the elderly or adult with a disability.

Civil Financial Exploitation
HRS § 346-222  (2016)

DIVISION 1.  GOVERNMENT 

TITLE 20  Social Services 

CHAPTER 346  Department of Human Services 

PART X.  Adult Protective Services

§ 346-222.  Definitions.

"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.


  "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.

Civil Financial Exploitation
Idaho Code § 39-5302  (2016)

GENERAL LAWS 

TITLE 39.  HEALTH AND SAFETY 

CHAPTER 53.  ADULT ABUSE, NEGLECT AND EXPLOITATION ACT

§ 39-5302. Definitions.

(7) "Exploitation" means an action which may include, but is not limited to, the unjust or improper use of a vulnerable adult’s financial power of attorney, funds, property, or resources by another person for profit or advantage.


(10) "Vulnerable adult" means a person eighteen (18) years of age or older who is unable to protect himself from abuse, neglect or exploitation due to physical or mental impairment which affects the person's judgment or behavior to the extent that he lacks sufficient understanding or capacity to make or communicate or implement decisions regarding his person.

Civil Financial Exploitation
320 ILCS 20/2  (2016)

CHAPTER 320.  AGING 

AN ACT IN RELATION TO ADULT PROTECTIVE SERVICES

§ 320 ILCS 20/2.  Definitions

(f-1) "Financial exploitation" means the use of an eligible adult's resources by another to the disadvantage of that adult or the profit or advantage of a person other than that adult.


(e) "Eligible adult" means either an adult with disabilities aged 18 through 59 or a person aged 60 or older who resides in a domestic living situation and is, or is alleged to be, abused, neglected, or financially exploited by another individual or who neglects himself or herself.

Civil Financial Exploitation
Burns Ind. Code Ann. § 12-10-3-2  (2016)

Title 12  Human Services 

Article 10  Aging Services 

Chapter 3  Adult Protective Services

IC 12-10-3-2 "Endangered adult"

Sec. 2. (a) Except as provided in subsection (b), as used in this chapter, "endangered adult" means an individual who is:

(1) at least eighteen (18) years of age;

(2) incapable by reason of mental illness, intellectual disability, dementia, habitual drunkenness, excessive use of drugs, or other physical or mental incapacity of managing or directing the management of the individual's property or providing or directing the provision of self-care; and

(3) harmed or threatened with harm as a result of:

(A) neglect;

(B) battery; or

(C) exploitation of the individual's personal services or property.

Civil Financial Exploitation
Burns Ind. Code Ann. § 35-46-1-12  (2016)

Title 35  Criminal Law and Procedure 

Article 46  Miscellaneous Offenses 

Chapter 1  Offenses Against the Family

35-46-1-12.  Exploitation of dependent or endangered adult; financial exploitation of endangered adult; violation classification Sec. 12.

(a) Except as provided in subsection (b), a person who recklessly, knowingly, or intentionally exerts unauthorized use of the personal services or the property of:

(1) an endangered adult; or

(2) a dependent eighteen (18) years of age or older;

for the person's own profit or advantage or for the profit or advantage of another person commits exploitation of a dependent or an endangered adult, a Class A misdemeanor.

(b) The offense described in subsection (a) is a Level 6 felony if:

(1) the fair market value of the personal services or property is

more than ten thousand dollars ($10,000); or

(2) the endangered adult or dependent is at least sixty (60) years

of age.

Civil Financial Exploitation
Iowa Code § 235B.2 (2016)

TITLE VI HUMAN SERVICES 

SUBTITLE 6 CHILDREN AND FAMILIES 

CHAPTER 235B DEPENDENT ADULT ABUSE SERVICES - INFORMATION REGISTRY 

GENERAL PROVISIONS

235B.2 Definitions.

5. a. "Dependent adult abuse" means:

(1) Any of the following as a result of the willful or negligent acts or omissions of a caretaker:

(c) Exploitation of a dependent adult which means the act or process of taking unfair advantage of a dependent adult or the adult's physical or financial resources for one's own personal or pecuniary profit, without the informed consent of the dependent adult, including theft, by the use of undue influence, harassment, duress, deception, false representation, or false pretenses.


4. "Dependent adult" means a person eighteen years of age or older who is unable to protect the person's own interests or unable to adequately perform or obtain services necessary to meet essential human needs, as a result of a physical or mental condition which requires assistance from another, or as defined by departmental rule.

Civil Financial Exploitation
K.S.A. § 39-1430 (2016)

Chapter 39. MENTALLY ILL, INCAPACITATED AND DEPENDENT PERSONS; SOCIAL WELFARE 

Article 14. REPORTING ABUSE, NEGLECT OR EXPLOITATION OF CERTAIN PERSONS

39-1430. Abuse, neglect or exploitation of certain adults; definitions.

      (d)   "Exploitation" means misappropriation of an adult's property or intentionally taking unfair advantage of an adult's physical or financial resources for another individual's personal or financial advantage by the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense by a caretaker or another person.

      (e)   "Fiduciary abuse" means a situation in which any person who is the caretaker of, or who stands in a position of trust to, an adult, takes, secretes, or appropriates their money or property, to any use or purpose not in the due and lawful execution of such person's trust or benefit.


(a) "Adult" means an individual 18 years of age or older alleged to be unable to protect their own interest and who is harmed or threatened with harm, whether financial, mental or physical in nature, through action or inaction by either another individual or through their own action or inaction when (1) such person is residing in such person's own home, the home of a family member or the home of a friend, (2) such person resides in an adult family home as defined in K.S.A. 39-1501, and amendments thereto, or (3) such person is receiving services through a provider of community services and affiliates thereof operated or funded by the department of social and rehabilitation services or the department on aging or a residential facility licensed pursuant to K.S.A. 75-3307b, and amendments thereto. Such term shall not include persons to whom K.S.A. 39-1401 et seq., and amendments thereto apply.

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