Terms Used In Utah Code > Title 26B > Chapter 6 > Part 1 - Aging and Adult Services

• aged: means a person 60 years old or older. See Utah Code 26B-6-101
• Appraisal: A determination of property value.
• Area agency: means an area agency that provides services to the aged, high risk adults, or both within a planning and service area. See Utah Code 26B-6-101
• Area agency on aging: means a public or private nonprofit agency or office designated by the division to:

  (a)	operate within a planning and service area of the state; and

  (b)

  develop and implement a broad range of services for the aged in the area described in Subsection (4)(a). See Utah Code 26B-6-101 Area agency on high risk adults: means a public or private nonprofit agency or office designated by the division to: (a)  operate within a planning and service area of the state; and (b)  develop and implement services for high risk adults in the area described in Subsection (5)(a). See Utah Code 26B-6-101 Assignee: means a person entitled to enforce an assignment of rents. See Utah Code 57-26-102 Assignment of rents: means a transfer of an interest in rents in connection with an obligation secured by real property located in this state and from which the rents arise. See Utah Code 57-26-102 Assignor: means a person that makes an assignment of rents or the successor owner of the real property from which the rents arise. See Utah Code 57-26-102 Board: means the Board of Aging and Adult Services created in Section 26B-1-426. See Utah Code 26B-6-101 Cash proceeds: means proceeds that are money, checks, deposit accounts, or the like. See Utah Code 57-26-102 Commission: means the Real Estate Commission created in Section 61-2f-103. See Utah Code 57-29-102 Contract: A legal written agreement that becomes binding when signed. Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries. decontamination: is a s defined in Section 19-6-902. See Utah Code 57-27-102 Director: means the director of the division. See Utah Code 26B-6-101 Director: means the director of the Division of Real Estate. See Utah Code 57-29-102 Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial. Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101 Division: means the Division of Real Estate created in Section 61-2-201. See Utah Code 57-29-102 Document: means information that is inscribed on a tangible medium or that is stored on an electronic or other medium and is retrievable in perceivable form. See Utah Code 57-26-102 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. Executive director: means the executive director of the department appointed under Section 26B-1-203. See Utah Code 26B-1-102 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 Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. high risk adult: means a person 18 years old or older who experiences a condition: (a)  that places the person at a high risk of being unable to care for themselves: (i)  as determined by assessment; and (ii)  due to the onset of a physical or cognitive impairment or frailty; and (b)  for which the person is not eligible to receive services under: (i)  4; or (ii)  Chapter 5, Health Care -- Substance Use and Mental Health. See Utah Code 26B-6-101 Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. Source: OCC Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants. 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 Lien: A claim against real or personal property in satisfaction of a debt. Management agreement: means an agreement between a person and each owner of an undivided fractionalized long-term estate in a piece of real property under which the person agrees to manage the leasing or operations of the real property. See Utah Code 57-29-102 Master lease: means an agreement under which a person is granted a leasehold interest in real property and may sublease all or a portion of the real property to one or more persons. See Utah Code 57-29-102 Master lease tenant: means the lessee in a master lease. See Utah Code 57-29-102 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 Notification: means a document containing information that this chapter requires a person to provide to another, signed by the person required to provide the information. See Utah Code 57-26-102 Oversight: Committee review of the activities of a Federal agency or program. Owner: includes a shareholder, partner, operator, or other legal entity. See Utah Code 57-27-102 Person: means :Utah Code 68-3-12.5 Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 57-26-102 Personal care attendant: means a person who: (a)  is selected by: (i)  an aged person; (ii)  an agent of an aged person; (iii)  a high risk adult; or (iv)  an agent of a high risk adult; and (b)  provides personal services to the: (i)  aged person described in Subsection (9)(a)(i); or (ii)  high risk adult described in Subsection (9)(a)(iii). See Utah Code 26B-6-101 Personal services: means nonmedical care and support, including assisting a person with: (a)  meal preparation; (b)  eating; (c)  bathing; (d)  dressing; (e)  personal hygiene; or (f)  daily living activities. See Utah Code 26B-6-101 Planning and service area: means a geographical area of the state designated by the division for purposes of planning, development, delivery, and overall administration of services for the aged or high risk adults. See Utah Code 26B-6-101 Proceeds: means personal property that is received or collected on account of a tenant's obligation to pay rents. See Utah Code 57-26-102 Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5 Property: includes both real and personal property. See Utah Code 68-3-12.5 Public funds: includes : (i)  Medicaid funds; and (ii)  Medicaid waiver funds. See Utah Code 26B-6-101 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 estate professional: means a licensee under Title 61, Chapter 2f, Real Estate Licensing and Practices Act. See Utah Code 57-27-102 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. Rents: means : (a)  sums payable for the right to possess or occupy, or for the actual possession or occupation of, real property of another person; (b)  sums payable to an assignor under a policy of rental interruption insurance covering real property; (c)  claims arising out of a default in the payment of sums payable for the right to possess or occupy real property of another person; (d)  sums payable to terminate an agreement to possess or occupy real property of another person; (e)  sums payable to an assignor for payment or reimbursement of expenses incurred in owning, operating and maintaining, or constructing or installing improvements on, real property; or (f)  any other sums payable under an agreement relating to the real property of another person that constitute rents under law of this state other than this chapter. See Utah Code 57-26-102 Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC Security instrument: means a document, however denominated, that creates or provides for a security interest in real property, whether or not it also creates or provides for a security interest in personal property. See Utah Code 57-26-102 Security interest: means an interest in property that arises by agreement and secures performance of an obligation. See Utah Code 57-26-102 Sponsor: means a person who is the original seller of an undivided fractionalized long-term estate. See Utah Code 57-29-102 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 State: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Utah Code 57-26-102 Subpoena: A command to a witness to appear and give testimony. Tenancy in common: A type of property ownership in which two or more individuals have an undivided interest in property. At the death of one tenant in common, his (her) fractional percentage of ownership in the property passes to the decedent Undivided fractionalized long-term estate: means an ownership interest in real property by two or more persons that is: (i)  a tenancy in common; or (ii)  a fee estate. See Utah Code 57-29-102 Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5 Writing: includes :Utah Code 68-3-12.5