Terms Used In Kansas Statutes 39-1408

• Abuse: means any act or failure to act performed intentionally or recklessly that causes or is likely to cause harm to a resident, including:

  (1) Infliction of physical or mental injury;

  (2) any sexual act with a resident when the resident does not consent or when the other person knows or should know that the resident is incapable of resisting or declining consent to the sexual act due to mental deficiency or disease or due to fear of retribution or hardship;

  (3) unreasonable use of a physical restraint, isolation or medication that harms or is likely to harm a resident;

  (4) unreasonable use of a physical or chemical restraint, medication or isolation as punishment, for convenience, in conflict with a physician's orders or as a substitute for treatment, except where such conduct or physical restraint is in furtherance of the health and safety of the resident or another resident;

  (5) a threat or menacing conduct directed toward a resident that results or might reasonably be expected to result in fear or emotional or mental distress to a resident;

  (6) fiduciary abuse; or

  (7) omission or deprivation by a caretaker or another person of goods or services which are necessary to avoid physical or mental harm or illness. See Kansas Statutes 39-1401

• Act: means Kan. See Kansas Statutes 39-1430
• Conservator: means an individual or corporation appointed by the court to act on behalf of a conservatee and possessed of some or all of the powers and duties set out in Kan. See Kansas Statutes 77-201
• Exploitation: means misappropriation of resident 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. See Kansas Statutes 39-1401
• Guardian: means an individual or a nonprofit corporation certified in accordance with Kan. See Kansas Statutes 77-201
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Neglect: means the failure or omission by one's self, caretaker or another person with a duty to provide goods or services which are reasonably necessary to ensure safety and well-being and to avoid physical or mental harm or illness. See Kansas Statutes 39-1401
• Protective services: means services provided by the state or other governmental agency or any private organizations or individuals which are necessary to prevent abuse, neglect or exploitation. See Kansas Statutes 39-1401
• Resident: means :

  (1) Any resident, as defined by Kan. See Kansas Statutes 39-1401

• Secretary: means the secretary for children and families. See Kansas Statutes 39-1430