Elder Abuse and Elder Financial Exploitation Statutes

Title 43A.  Mental Health  Chapter 1.  Mental Health Law of 1986  Protective Services for Vulnerable Adults Act

8. "Abuse" means causing or permitting: a. the infliction of physical pain, injury, sexual abuse, sexual exploitation, unreasonable restraint or confinement, or mental anguish, or   b. the deprivation of nutrition, clothing, shelter, health care, or other care or services without which serious physical or mental injury is likely to occur to a vulnerable adult by a caretaker or other person providing services to a vulnerable adult;

  9. "Exploitation" or "exploit" means an unjust or improper use of the resources of a vulnerable adult for the profit or advantage, pecuniary or otherwise, of a person other than the vulnerable adult through the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense;

10. "Financial neglect" means repeated instances by a caretaker, or other person, who has assumed the role of financial management, of failure to use the resources available to restore or maintain the health and physical well-being of a vulnerable adult, including, but not limited to:         a. squandering or negligently mismanaging the money, property, or accounts of a vulnerable adult,         b. refusing to pay for necessities or utilities in a timely manner, or         c. providing substandard care to a vulnerable adult despite the availability of adequate financial resources;

11. "Neglect" means:         a. the failure to provide protection for a vulnerable adult who is unable to protect his or her own interest,         b. the failure to provide a vulnerable adult with adequate shelter, nutrition, health care, or clothing, or         c. negligent acts or omissions that result in harm or the unreasonable risk of harm to a vulnerable adult through the action, inaction, or lack of supervision by a caretaker providing direct services;

12. "Sexual abuse" means:         a. oral, anal, or vaginal penetration of a vulnerable adult by or through the union with the sexual organ of a caretaker or other person providing services to the vulnerable adult, or the anal or vaginal penetration of a vulnerable adult by a caretaker or other person providing services to the vulnerable adult with any other object, or         b. for the purpose of sexual gratification, the touching, feeling or observation of the body or private parts of a vulnerable adult by a caretaker or other person providing services to the vulnerable adult, or         c. indecent exposure by a caretaker or other person providing services to the vulnerable adult;

     13. "Indecent exposure" means forcing or requiring a vulnerable adult to:         a. look upon the body or private parts of another person or upon sexual acts performed in the presence of the vulnerable adult, or         b. touch or feel the body or private parts of another;

   15. "Sexual exploitation" includes, but is not limited to, a caretaker's causing, allowing, permitting or encouraging a vulnerable adult to engage in prostitution or in the lewd, obscene, or pornographic photographing, filming or depiction of the vulnerable adult as those acts are defined by state law; and

  16. "Verbal abuse" means the use of words, sounds, or other communication including, but not limited to, gestures, actions or behaviors, by a caretaker or other person providing services to a vulnerable adult that are likely to cause a reasonable person to experience humiliation, intimidation, fear, shame or degradation.