“Adult Protective Services” means the same as that term is defined in Section 26B-6-201.
Terms Used In Utah Code 61-1-201
Agent: means an individual other than a broker-dealer who represents a broker-dealer or issuer in effecting or attempting to effect purchases or sales of securities. See Utah Code 61-1-13
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.
Broker-dealer: means a person engaged in the business of effecting transactions in securities for the account of others or for the person's own account. See Utah Code 61-1-13
Investment adviser: includes a financial planner or other person who:
(A)
as an integral component of other financially related services, provides the investment advisory services described in Subsection (1)(q)(i) to others as part of a business;
(B)
holds the person out as providing the investment advisory services described in Subsection (1)(q)(i) to others; or
(C)
holds the person out as a financial adviser, financial consultant, or any other similar title as the division may specify in rule made in accordance with Title 63G, Chapter 3, Utah Administrative Rulemaking Act, in any way as to imply that the person is generally engaged in an investment advisory business, including a person who does not hold a securities license and uses a title described in this Subsection (1)(q)(ii)(C) in any advertising or marketing material. See Utah Code 61-1-13
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
a vulnerable adult as defined in Section 26B-6-201.
(3)
“Financial exploitation of an eligible adult” means:
(a)
the wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or other property of an eligible adult; or
(b)
an act or omission, including through a power of attorney, guardianship, or conservatorship of an eligible adult, to:
(i)
obtain control, through deception, intimidation, or undue influence, over an eligible adult’s money, assets, or other property to deprive the eligible adult of the ownership, use, benefit, or possession of the eligible adult’s money, assets, or other property; or
(ii)
convert an eligible adult’s money, assets, or other property to deprive the eligible adult of the ownership, use, benefit, or possession of the eligible adult’s money, assets, or other property.
(4)
“Law enforcement agency” means the same as that term is defined in Section 53-1-102.
(5)
“Qualified individual” means:
(a)
an agent;
(b)
an investment adviser representative; or
(c)
an individual who serves in a supervisory, compliance, or legal capacity for a broker-dealer or an investment adviser.
