North Carolina General Statutes > Chapter 108A > Article 6A – Protection of Disabled and Older Adults From Financial Exploitation
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Terms Used In North Carolina General Statutes > Chapter 108A > Article 6A - Protection of Disabled and Older Adults From Financial Exploitation
- 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.
- 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.
- Customer: A person who is a present or former holder of an account with a financial institution. See North Carolina General Statutes 108A-113
- Disabled adult: An individual 18 years of age or older or a lawfully emancipated minor who is present in the State of North Carolina and who is physically or mentally incapacitated as defined in N. See North Carolina General Statutes 108A-113
- 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.
- Financial exploitation: The illegal or improper use of a disabled adult's or older adult's financial resources for another's profit or pecuniary advantage. See North Carolina General Statutes 108A-113
- Financial institution: A banking corporation, trust company, savings and loan association, credit union, or other entity principally engaged in lending money or receiving or soliciting money on deposit. See North Carolina General Statutes 108A-113
- Financial record: An original of, a copy of, or information derived from a record held by a financial institution pertaining to a customer's relationship with the financial institution and identified with or identifiable with the customer. See North Carolina General Statutes 108A-113
- following: when used by way of reference to any section of a statute, shall be construed to mean the section next preceding or next following that in which such reference is made; unless when some other section is expressly designated in such reference. See North Carolina General Statutes 12-3
- Fraud: Intentional deception resulting in injury to another.
- in writing: may be construed to include printing, engraving, lithographing, and any other mode of representing words and letters: Provided, that in all cases where a written signature is required by law, the same shall be in a proper handwriting, or in a proper mark. See North Carolina General Statutes 12-3
- Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
- Investigating entity: A law enforcement agency investigating alleged financial exploitation of a disabled adult or an older adult, or a county department of social services investigating alleged financial exploitation of a disabled adult. See North Carolina General Statutes 108A-113
- Law enforcement agency: Any duly accredited State or local government agency possessing authority to enforce the criminal statutes of North Carolina. See North Carolina General Statutes 108A-113
- Older adult: An individual 65 years of age or older. See North Carolina General Statutes 108A-113
- Promptly: As soon as practicable, with reasonable allowance to be made for the time required to retrieve older data or records that are not readily or immediately retrievable due to their current storage media. See North Carolina General Statutes 108A-113
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Service of process: The service of writs or summonses to the appropriate party.
- state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories, so called; and the words "United States" shall be construed to include the said district and territories and all dependencies. See North Carolina General Statutes 12-3
- Subpoena: A command to a witness to appear and give testimony.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.