Title 1 Protective Services
Title 2 Short-Term Involuntary Protective Services Orders
Title 3 Community Guardianship

Terms Used In New York Laws > Social Services > Article 9-B - Adult Protective Services

  • Action plan: shall mean the strategic neighborhood action plan as described in subdivision three of section five hundred forty-eight-c of this article. See N.Y. Executive Law 548-B
  • administration: means the United States veterans' administration or its successor. See N.Y. Mental Hygiene Law 79.01
  • Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • 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.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • 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.
  • Authorized organization: shall mean any bona fide religious or charitable organization or bona fide educational, fraternal, civic or service organization or bona fide organization of veterans, volunteer firefighters, or volunteer ambulance workers, which by its charter, certificate of incorporation, constitution, or act of the legislature, shall have as its dominant purpose or purposes one or more of the lawful purposes as defined in the bingo licensing law, provided that each shall operate without profit to its members, and provided that each such organization has engaged in serving one or more of the lawful purposes as defined in the bingo licensing law, article fourteen-H of the general municipal law, for a period of one year immediately prior to applying for a license under the licensing law. See N.Y. Executive Law 432
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • benefits: shall mean all moneys payable by the United States through the administration. See N.Y. Mental Hygiene Law 79.01
  • Bingo licensing law: shall mean article fourteen-h of the general municipal law. See N.Y. Executive Law 432
  • commission: shall mean the New York state gaming commission created pursuant to section one hundred two of the racing, pari-mutuel wagering and breeding law. See N.Y. Executive Law 432
  • Committee: shall mean the neighborhood based initiatives oversight committee established in accordance with section five hundred forty-eight-e of this article. See N.Y. Executive Law 548-B
  • Contract: A legal written agreement that becomes binding when signed.
  • contract: shall mean the sole written agreement for a project between the department, as representative of the committee, and the approved applicant, providing for the terms under which funds may be used to finance allowable project costs as defined in section five hundred forty-eight-f of this article. See N.Y. Executive Law 548-B
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • council: shall mean a voluntary group representing, to the greatest extent possible, the following: neighborhood residents, local government, the business and economic development community, service providers, charitable organizations, the legal community, and educational institutions, who shall be responsible for development of the plan required in section five hundred forty-eight-c of this article. See N.Y. Executive Law 548-B
  • 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.
  • Department: shall mean the department of social services. See N.Y. Executive Law 548-B
  • Dependent: A person dependent for support upon another.
  • director: means the director of the United States veterans' administration or his successor. See N.Y. Mental Hygiene Law 79.01
  • Director: means the chief administrative officer of the state office of rural affairs. See N.Y. Executive Law 481
  • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
  • Eligible applicant: shall mean a not-for-profit private or public agency, a school district, a local governmental agency, or a combination of such entities. See N.Y. Executive Law 548-B
  • Embezzlement: In most states, embezzlement is defined as theft/larceny of assets (money or property) by a person in a position of trust or responsibility over those assets. Embezzlement typically occurs in the employment and corporate settings. Source: OCC
  • Emotional abuse: means willful infliction of mental or emotional anguish by threat, humiliation, intimidation or other abusive conduct, including but not limited to, frightening or isolating an adult. See N.Y. Social Services Law 473
  • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
  • 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.
  • Ex officio: Literally, by virtue of one's office.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • Financial exploitation: means improper use of an adult's funds, property or resources by another individual, including but not limited to, fraud, false pretenses, embezzlement, conspiracy, forgery, falsifying records, coerced property transfers or denial of access to assets. See N.Y. Social Services Law 473
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Forgery: The fraudulent signing or alteration of another's name to an instrument such as a deed, mortgage, or check. The intent of the forgery is to deceive or defraud. Source: OCC
  • Fraud: Intentional deception resulting in injury to another.
  • game: shall mean a specific game of chance, commonly known as bingo or lotto, in which prizes are awarded on the basis of designated numbers or symbols on a card conforming to numbers or symbols selected at random. See N.Y. Executive Law 432
  • Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
  • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
  • Grantor: The person who establishes a trust and places property into it.
  • 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.
  • homeless youth: as used in this article shall be deemed to include "homeless young adults". See N.Y. Executive Law 532-A
  • income: shall include only moneys received by the guardian from the administration and all earnings, interest, and profits derived therefrom. See N.Y. Mental Hygiene Law 79.01
  • 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.
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lending Institution: means the original lender under the loan agreement or participants therein and its successors and assigns, and may include a banking institution, insurance company, foundation, labor union, employers association, trustees, fiduciaries or any combination of the foregoing. See N.Y. Mental Hygiene Law 75.05
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Local youth bureau: shall mean a youth bureau, not included within the definition of municipal youth bureau pursuant to subdivision eight of this section, that engages in activities, including, but not limited to, the operation, administration or monitoring of youth development programs, throughout a particular village, town or city. See N.Y. Executive Law 412
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
  • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
  • Municipal youth bureau: shall mean either:
    N.Y. Executive Law 412
  • Municipality: shall mean a county, or a city having a population of one million or more. See N.Y. Executive Law 412
  • Municipality: shall mean any city, town or village within this state. See N.Y. Executive Law 432
  • Municipality: means any county, city, town, village, or school district. See N.Y. Executive Law 481
  • Municipality: shall mean a county, or a city having a population of one million or more. See N.Y. Executive Law 532-A
  • Oath: A promise to tell the truth.
  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Office: shall mean the office of children and family services established in the department of family assistance by chapter four hundred thirty-six of the laws of nineteen hundred ninety-seven. See N.Y. Executive Law 412
  • Office: means the state office of rural affairs created by this article. See N.Y. Executive Law 481
  • Oversight: Committee review of the activities of a Federal agency or program.
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • person: includes a partnership, corporation, or an association. See N.Y. Mental Hygiene Law 79.01
  • Personal property: All property that is not real property.
  • Physical abuse: means the non-accidental use of force that results in bodily injury, pain or impairment, including but not limited to, being slapped, burned, cut, bruised or improperly physically restrained. See N.Y. Social Services Law 473
  • 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
  • Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way.
  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • Project: shall mean a neighborhood based initiatives project established in accordance with section five hundred forty-eight-c of this article. See N.Y. Executive Law 548-B
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
  • Runaway and homeless youth crisis services program: shall mean :
    (a) any non-residential program approved by the office of children and family services, after submission by the municipality as part of its comprehensive plan, that provides services to runaway youth and homeless youth in accordance with the regulations of the office of children and family services; or
    (b) any residential program which is operated by an authorized agency as defined in subdivision ten of section three hundred seventy-one of the social services law, and certified by the office of children and family services to provide short-term residential services to runaway youth and homeless youth in accordance with the applicable regulations of the office of temporary and disability assistance and the office of children and family services. See N.Y. Executive Law 532-A
  • Runaway youth: shall mean a person under the age of eighteen years who is absent from his or her legal residence without the consent of his or her parent, legal guardian or custodian. See N.Y. Executive Law 532-A
  • Rural areas: means counties within the state having less than two hundred thousand population, and the municipalities, individuals, institutions, communities, programs and such other entities or resources as are found therein. See N.Y. Executive Law 481
  • Rural development and revitalization: shall mean those policies, programs, laws, regulations, or other matters having to do with rural areas including, but not limited to, human services and community life; health care; education; business, economic development, and employment; agriculture; environment, land use, and natural resources; transportation; community facilities, housing; and local government services and management. See N.Y. Executive Law 481
  • Safe house: shall mean a residential program for sexually exploited children as defined in subdivision one of section four hundred forty-seven-a of the social services law. See N.Y. Executive Law 532-A
  • Self neglect: means an adult's inability, due to physical and/or mental impairments to perform tasks essential to caring for oneself, including but not limited to, providing essential food, clothing, shelter and medical care; obtaining goods and services necessary to maintain physical health, mental health, emotional well-being and general safety; or managing financial affairs. See N.Y. Social Services Law 473
  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
  • Sexual abuse: means non-consensual sexual contact of any kind, including but not limited to, forcing sexual contact or forcing sex with a third party. See N.Y. Social Services Law 473
  • State agency: means any department, office, council, or agency of the state, or any public benefit corporation or authority authorized by the laws of the state. See N.Y. Executive Law 481
  • State aid: shall mean payments by the state to a municipality for or toward the cost of establishment, operation and/or maintenance of approved youth programs in accordance with the provisions of this article. See N.Y. Executive Law 412
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Transitional independent living support program: shall mean :
    (a) any non-residential program approved by the office of children and family services, after submission by the municipality as part of its comprehensive plan, that provides supportive services to enable homeless youth to progress from crisis care and transitional care to independent living, in accordance with the applicable regulations of the office of children and family services; or
    (b) any residential program established and operated to provide supportive services, in accordance with the regulations of the office of children and family services, to enable homeless youth to progress from crisis care and transitional care to independent living. See N.Y. Executive Law 532-A
  • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
  • Trustee: A person or institution holding and administering property in trust.
  • Venue: The geographical location in which a case is tried.
  • Verdict: The decision of a petit jury or a judge.
  • ward: means a beneficiary of the administration. See N.Y. Mental Hygiene Law 79.01
  • Youth: shall mean any person under twenty-one years of age. See N.Y. Executive Law 412
  • Youth in need of crisis intervention or respite services: shall mean a person under the age of eighteen years who is a potential respondent under article seven of the family court act, who, with the consent of his or her parent or other person legally responsible for the youth, is determined by the local juvenile probation department or social services official to be in need of crisis intervention or respite services. See N.Y. Executive Law 532-A