Terms Used In Utah Code > Title 57 > Chapter 30 - Residential Property Service Agreements

• Abuse: means :

  (a)	knowingly or intentionally: (i)  attempting to cause harm; (ii)  causing harm; or (iii)  placing another in fear of harm;

  (b)	unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult;

  (c)	emotional or psychological abuse;

  (d)	a sexual offense as described in Title 76, Chapter 5, Offenses Against the Individual; or

  (e)

  deprivation of life sustaining treatment, or medical or mental health treatment, except: (i)  as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or (ii)  when informed consent, as defined in Section 76-5-111, has been obtained. See Utah Code 26B-6-201 Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201 Adult Protective Services: means the unit within the division responsible to investigate abuse, neglect, and exploitation of vulnerable adults and provide appropriate protective services. See Utah Code 26B-6-201 Attorney-in-fact: A person who, acting as an agent, is given written authorization by another person to transact business for him (her) out of court. Caretaker: means a person or public institution that is entrusted with or assumes the responsibility to provide a vulnerable adult with care, food, shelter, clothing, supervision, medical or other health care, resource management, or other necessities for pecuniary gain, by contract, or as a result of friendship, or who is otherwise in a position of trust and confidence with a vulnerable adult, including a relative, a household member, an attorney-in-fact, a neighbor, a person who is employed or who provides volunteer work, a court-appointed or voluntary guardian, or a person who contracts or is under court order to provide care. See Utah Code 26B-6-201 Common interest community: means the same as that term is defined in Section 57-25-102. See Utah Code 57-30-101 Contract: A legal written agreement that becomes binding when signed. Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. Database: means the statewide database maintained by the division under Section 26B-6-210. See Utah Code 26B-6-201 Dependent: A person dependent for support upon another. Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101 Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1 Elder adult: means an individual 65 years old or older. See Utah Code 26B-6-201 Emergency: means a circumstance in which a vulnerable adult is at an immediate risk of death, serious physical injury, or serious physical, emotional, or financial harm. See Utah Code 26B-6-201 Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Exploitation: means an offense described in Section 76-5-111. See Utah Code 26B-6-201 Harm: means pain, mental anguish, emotional distress, hurt, physical or psychological damage, physical injury, serious physical injury, suffering, or distress inflicted knowingly or intentionally. See Utah Code 26B-6-201 Isolation: means knowingly or intentionally preventing a vulnerable adult from having contact with another person, unless the restriction of personal rights is authorized by court order, by: (i)  preventing the vulnerable adult from communicating, visiting, interacting, or initiating interaction with others, including receiving or inviting visitors, mail, or telephone calls, contrary to the expressed wishes of the vulnerable adult, or communicating to a visitor that the vulnerable adult is not present or does not want to meet with or talk to the visitor, knowing that communication to be false; (ii)  physically restraining the vulnerable adult in order to prevent the vulnerable adult from meeting with a visitor; or (iii)  making false or misleading statements to the vulnerable adult in order to induce the vulnerable adult to refuse to receive communication from visitors or other family members. See Utah Code 26B-6-201 Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases. Land: includes :Utah Code 68-3-12.5 Lien: A claim against real or personal property in satisfaction of a debt. Neglect: means : (i)  (A)  failure of a caretaker to provide necessary care, including nutrition, clothing, shelter, supervision, personal care, or dental, medical, or other health care for a vulnerable adult, unless the vulnerable adult is able to provide or obtain the necessary care without assistance; or (B)  failure of a caretaker to provide protection from health and safety hazards or maltreatment; (ii)  failure of a caretaker to provide care to a vulnerable adult in a timely manner and with the degree of care that a reasonable person in a like position would exercise; (iii)  a pattern of conduct by a caretaker, without the vulnerable adult's informed consent, resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or other services necessary to maintain the vulnerable adult's well being; (iv)  knowing or intentional failure by a caretaker to carry out a prescribed treatment plan that causes or is likely to cause harm to the vulnerable adult; (v)  self-neglect by the vulnerable adult; or (vi)  abandonment by a caretaker. See Utah Code 26B-6-201 Person: means :Utah Code 68-3-12.5 Physical injury: includes the damage and conditions described in Section 76-5-111. See Utah Code 26B-6-201 Property: includes both real and personal property. See Utah Code 68-3-12.5 Protective services: means services to protect a vulnerable adult from abuse, neglect, or exploitation. See Utah Code 26B-6-201 real estate: means any right, title, estate, or interest in land, including all nonextracted minerals located in, on, or under the land, all buildings, fixtures and improvements on the land, and all water rights, rights-of-way, easements, rents, issues, profits, income, tenements, hereditaments, possessory rights, claims, including mining claims, privileges, and appurtenances belonging to, used, or enjoyed with the land or any part of the land. See Utah Code 57-1-1 real property: includes :Utah Code 68-3-12.5 Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land. Record: means to submit a document to a county recorder for official placement in a public land record. See Utah Code 57-30-101 Residential property service agreement: means , except as provided in Subsection (4)(b), an agreement to provide services in connection with: (i)  the purchase or sale of residential real estate; or (ii)  the maintenance of residential real estate in preparation for purchase or sale. See Utah Code 57-30-101 Residential real estate: means real property located in the state that is: (a)  used primarily for a personal, family, or household purpose; and (b)  contains fewer than five dwelling units. See Utah Code 57-30-101 Self-neglect: means the failure of a vulnerable adult to provide or obtain food, water, medication, health care, shelter, cooling, heating, safety, or other services necessary to maintain the vulnerable adult's well being when that failure is the result of the adult's mental or physical impairment. See Utah Code 26B-6-201 Serious physical injury: is a s defined in Section 76-5-111. See Utah Code 26B-6-201 State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5 Vulnerable adult: means an elder adult, or a dependent adult who has a mental or physical impairment which substantially affects that person's ability to: (a)  provide personal protection; (b)  provide necessities such as food, shelter, clothing, or mental or other health care; (c)  obtain services necessary for health, safety, or welfare; (d)  carry out the activities of daily living; (e)  manage the adult's own financial resources; or (f)  comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-6-201