Terms Used In Kansas Statutes > Chapter 39 > Article 14 - Reporting Abuse, Neglect or Exploitation of Certain Persons

• 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
• Adult: means a person 18 years of age or older alleged to be unable to protect such person's 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 such person's own action or inaction when:

  (A) Such person is residing in such person's own home, the home of a family member or the home of a friend;

  (B) such person resides in an adult family home as defined in Kan. See Kansas Statutes 39-1430

• Adult care home: means the same as defined in Kan. See Kansas Statutes 39-1401
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Caretaker: means a person or institution who has assumed the responsibility, whether legally or not, for the care of the resident voluntarily, by contract or by order of a court of competent jurisdiction. See Kansas Statutes 39-1401
• 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
• 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.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Escrow: Money given to a third party to be held for payment until certain conditions are met.
• 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 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
• Fiduciary: A trustee, executor, or administrator.
• Financial exploitation: includes , but is not limited to:

  (1) The use of deception, intimidation, coercion, extortion or undue influence by a person or entity to obtain or use an adult's property, income, resources or trust funds in a manner for the profit of or to the advantage of such person or entity;

  (2) the breach of a fiduciary duty, including, but not limited to, the misuse of a power of attorney, trust or a guardianship or conservatorship appointment, as it relates to the property, income, resources or trust funds of the adult; or

  (3) the obtainment or use of an adult's property, income, resources or trust funds, without lawful authority, by a person or entity who knows or clearly should know that the adult lacks the capacity to consent to the release or use of such adult's property, income, resources or trust funds. See Kansas Statutes 39-1430

• Financial institution: means any bank, trust company, escrow company, finance company, saving institution, credit union or fiduciary financial institution, chartered and supervised under state or federal law. See Kansas Statutes 39-1401
• Governmental assistance provider: means an agency, or employee of such agency, which is funded solely or in part to provide assistance within the Kansas senior care act, Kan. 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.
• In need of protective services: means that a resident is unable to perform or obtain services which are necessary to maintain physical or mental health, or both. See Kansas Statutes 39-1401
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Involved adult: means the adult who is the subject of a report of abuse, neglect or financial exploitation under this act. See Kansas Statutes 39-1430
• 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.
• Law enforcement: means the public office which is vested by law with the duty to maintain public order, make arrests for crimes and investigate criminal acts, whether that duty extends to all crimes or is limited to specific crimes. See Kansas Statutes 39-1401
• Legal representative: means an agent designated in a durable power of attorney, power of attorney or durable power of attorney for health care decisions or a court appointed guardian, conservator or trustee. See Kansas Statutes 39-1401
• Medical care facility: means a facility licensed under Kan. See Kansas Statutes 39-1401
• 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
• Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. ^{Source: OCC}
• Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents.
• Property: includes personal and real property. See Kansas Statutes 77-201
• 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
• Report: means a description or accounting of an incident or incidents of abuse, neglect or exploitation under this act and for the purposes of this act shall not include any written assessment or findings. See Kansas Statutes 39-1401
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• 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
• Services that are necessary to maintain physical or mental health or both: include , but are not limited to, the provision of medical care for physical and mental health needs, the relocation of an adult to a facility or institution able to offer such care, assistance in personal hygiene, food, clothing, adequately heated and ventilated shelter, protection from health and safety hazards, protection from maltreatment the result of which includes, but is not limited to, malnutrition, deprivation of necessities or physical punishment and transportation necessary to secure any of the above stated needs, except that this term shall not include taking such person into custody without consent except as provided in this act. See Kansas Statutes 39-1430
• State: when applied to the different parts of the United States, includes the District of Columbia and the territories. See Kansas Statutes 77-201
• State institution for people with intellectual disability: means Kansas neurological institute and Parsons state hospital and training center. See Kansas Statutes 39-1401
• State psychiatric hospital: means Larned state hospital, Osawatomie state hospital and Rainbow mental health facility. See Kansas Statutes 39-1401
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Trustee: A person or institution holding and administering property in trust.