Utah Code > Title 26B > Chapter 6 > Part 2 – Abuse, Neglect, or Exploitation of a Vulnerable Adult
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Terms Used In Utah Code > Title 26B > Chapter 6 > Part 2 - Abuse, Neglect, or Exploitation of a Vulnerable Adult
- Abuse: means :
(a) knowingly or intentionally: (i) attempting to cause harm; (ii) causing harm; or (iii) placing another in fear of harm; (b) unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult; (c) emotional or psychological abuse; (d) a sexual offense as described in Title 76, Chapter 5, Offenses Against the Individual; or (e) deprivation of life sustaining treatment, or medical or mental health treatment, except: (i) as provided in Title 75, Chapter 2a, Advance Health Care Directive Act; or (ii) when informed consent, as defined in Section 76-5-111, has been obtained. See Utah Code 26B-6-201 - Adjudicative proceeding: means :Utah Code 68-3-12.5
- Administrator: includes "executor" when the subject matter justifies the use. See Utah Code 68-3-12.5
- Adult: means an individual who is 18 years old or older. See Utah Code 26B-6-201
- Adult protection case file: means a record, stored in any format, contained in a case file maintained by Adult Protective Services. See Utah Code 26B-6-201
- Adult Protective Services: means the unit within the division responsible to investigate abuse, neglect, and exploitation of vulnerable adults and provide appropriate protective services. See Utah Code 26B-6-201
- Allegation: something that someone says happened.
- 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.
- Architect: means a person licensed under this chapter as an architect. See Utah Code 58-3a-102
- Armed forces: means the United States Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard. See Utah Code 68-3-12.5
- Arrest: Taking physical custody of a person by lawful authority.
- 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.
- Board: means the Board of Aging and Adult Services created in Section 26B-1-426. See Utah Code 26B-6-101
- Board: means the Architects Licensing Board created in Section 58-3a-201. See Utah Code 58-3a-102
- Building: means a structure which has human occupancy or habitation as its principal purpose, and includes the structural, mechanical, and electrical systems, utility services, and other facilities required for the building, and is otherwise governed by the State Construction Code or an approved code under Title 15A, State Construction and Fire Codes Act. See Utah Code 58-3a-102
- Capacity to consent: means the ability of an individual to understand and communicate regarding the nature and consequences of decisions relating to the individual, and relating to the individual's property and lifestyle, including a decision to accept or refuse services. See Utah Code 26B-6-201
- Caretaker: means a person or public institution that is entrusted with or assumes the responsibility to provide a vulnerable adult with care, food, shelter, clothing, supervision, medical or other health care, resource management, or other necessities for pecuniary gain, by contract, or as a result of friendship, or who is otherwise in a position of trust and confidence with a vulnerable adult, including a relative, a household member, an attorney-in-fact, a neighbor, a person who is employed or who provides volunteer work, a court-appointed or voluntary guardian, or a person who contracts or is under court order to provide care. See Utah Code 26B-6-201
- City: includes , depending on population, a metro township as defined in Section 10-3c-102. See Utah Code 68-3-12.5
- Common interest community: means the same as that term is defined in Section 57-25-102. See Utah Code 57-30-101
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- 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.
- Credit bureau: An agency that collects individual credit information and sells it for a fee to creditors so they can make a decision on granting loans. Typical clients include banks, mortgage lenders, credit card companies, and other financing companies. (Also commonly referred to as consumer-reporting agency or credit-reporting agency.) Source: OCC
- Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
- Database: means the statewide database maintained by the division under Section 26B-6-210. See Utah Code 26B-6-201
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Dependent: A person dependent for support upon another.
- Diversion agreement: means a written agreement entered into by a licensee and the division that describes the requirements of the licensee's monitoring regimen and that was entered into before May 12, 2020. See Utah Code 58-4a-102
- Division: means the Division of Aging and Adult Services within the department. See Utah Code 26B-6-101
- Document: means every instrument in writing, including every conveyance, affecting, purporting to affect, describing, or otherwise concerning any right, title, or interest in real property, except wills and leases for a term not exceeding one year. See Utah Code 57-1-1
- Donor: The person who makes a gift.
- Elder adult: means an individual 65 years old or older. See Utah Code 26B-6-201
- 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
- Emergency: means a circumstance in which a vulnerable adult is at an immediate risk of death, serious physical injury, or serious physical, emotional, or financial harm. See Utah Code 26B-6-201
- Emergency protective services: means measures taken by Adult Protective Services under time-limited, court-ordered authority for the purpose of remediating an emergency. See Utah Code 26B-6-201
- 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 an offense described in Section 76-5-111. See Utah Code 26B-6-201
- 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.
- 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.
- Fund: means the Architects Education and Enforcement Fund created in Section 58-3a-103. See Utah Code 58-3a-102
- 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.
- Guardian: includes a person who:Utah Code 68-3-12.5
- Harm: means pain, mental anguish, emotional distress, hurt, physical or psychological damage, physical injury, serious physical injury, suffering, or distress inflicted knowingly or intentionally. See Utah Code 26B-6-201
- Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
- Isolation: means knowingly or intentionally preventing a vulnerable adult from having contact with another person, unless the restriction of personal rights is authorized by court order, by:
(i) preventing the vulnerable adult from communicating, visiting, interacting, or initiating interaction with others, including receiving or inviting visitors, mail, or telephone calls, contrary to the expressed wishes of the vulnerable adult, or communicating to a visitor that the vulnerable adult is not present or does not want to meet with or talk to the visitor, knowing that communication to be false; (ii) physically restraining the vulnerable adult in order to prevent the vulnerable adult from meeting with a visitor; or (iii) making false or misleading statements to the vulnerable adult in order to induce the vulnerable adult to refuse to receive communication from visitors or other family members. See Utah Code 26B-6-201 - 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.
- Lacks capacity to consent: is a s defined in Section 76-5-111. See Utah Code 26B-6-201
- Land: includes :Utah Code 68-3-12.5
- Licensee: means an individual licensed to practice under:
(a) Title 58, Chapter 5a, Podiatric Physician Licensing Act; (b) Title 58, Chapter 17b, Pharmacy Practice Act; (c) Title 58, Chapter 28, Veterinary Practice Act; (d) Title 58, Chapter 31b, Nurse Practice Act; (e) Title 58, Chapter 67, Utah Medical Practice Act; (f) Title 58, Chapter 68, Utah Osteopathic Medical Practice Act; (g) Title 58, Chapter 69, Dentist and Dental Hygienist Practice Act; or (h) Title 58, Chapter 70a, Utah Physician Assistant Act. See Utah Code 58-4a-102 - Lien: A claim against real or personal property in satisfaction of a debt.
- Neglect: means :
(ii) failure of a caretaker to provide care to a vulnerable adult in a timely manner and with the degree of care that a reasonable person in a like position would exercise; (iii) a pattern of conduct by a caretaker, without the vulnerable adult's informed consent, resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or other services necessary to maintain the vulnerable adult's well being; (iv) knowing or intentional failure by a caretaker to carry out a prescribed treatment plan that causes or is likely to cause harm to the vulnerable adult; (v) self-neglect by the vulnerable adult; or (vi) abandonment by a caretaker. See Utah Code 26B-6-201 - Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
- 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: means :Utah Code 68-3-12.5
- Physical injury: includes the damage and conditions described in Section 76-5-111. See Utah Code 26B-6-201
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Practice of architecture: means rendering or offering to render the following services in connection with the design, construction, enlargement, or alteration of a building or group of buildings, and the space within and surrounding such buildings:
(i) planning; (ii) facility programming; (iii) preliminary studies; (iv) preparation of designs, drawings, and specifications; (v) preparation of technical submissions and coordination of any element of technical submissions prepared by others including, as appropriate and without limitation, professional engineers, and landscape architects; and (vi) administration of construction contracts. See Utah Code 58-3a-102 - 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.
- Principal: means a licensed architect having responsible charge of an organization's architectural practice. See Utah Code 58-3a-102
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
- Program: means the Utah Professionals Health Program. See Utah Code 58-4a-102
- Program contract: means a written agreement entered into by a licensee and the division that allows the licensee to participate in the program. See Utah Code 58-4a-102
- Property: includes both real and personal property. See Utah Code 68-3-12.5
- Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
- Protective services: means services to protect a vulnerable adult from abuse, neglect, or exploitation. See Utah Code 26B-6-201
- Quorum: The number of legislators that must be present to do business.
- 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 property: includes :Utah Code 68-3-12.5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
- Record: means to submit a document to a county recorder for official placement in a public land record. See Utah Code 57-30-101
- Residential property service agreement: means , except as provided in Subsection (4)(b), an agreement to provide services in connection with:
(i) the purchase or sale of residential real estate; or (ii) the maintenance of residential real estate in preparation for purchase or sale. See Utah Code 57-30-101 - Residential real estate: means real property located in the state that is:
(a) used primarily for a personal, family, or household purpose; and (b) contains fewer than five dwelling units. See Utah Code 57-30-101 - Self-neglect: means the failure of a vulnerable adult to provide or obtain food, water, medication, health care, shelter, cooling, heating, safety, or other services necessary to maintain the vulnerable adult's well being when that failure is the result of the adult's mental or physical impairment. See Utah Code 26B-6-201
- Serious physical injury: is a s defined in Section 76-5-111. See Utah Code 26B-6-201
- 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.
- Signature: includes a name, mark, or sign written with the intent to authenticate an instrument or writing. See Utah Code 68-3-12.5
- 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
- Statute: A law passed by a legislature.
- Subpoena: A command to a witness to appear and give testimony.
- Subpoena duces tecum: A command to a witness to produce documents.
- Substance use disorder: means the same as that term is defined in Section 26B-5-501. See Utah Code 58-4a-102
- Summons: Another word for subpoena used by the criminal justice system.
- Supported: means a finding by the division that there is a reasonable basis to conclude that abuse, neglect, or exploitation occurred. See Utah Code 26B-6-201
- Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.
- United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
- Vulnerable adult: means an elder adult, or a dependent adult who has a mental or physical impairment which substantially affects that person's ability to:
(a) provide personal protection; (b) provide necessities such as food, shelter, clothing, or mental or other health care; (c) obtain services necessary for health, safety, or welfare; (d) carry out the activities of daily living; (e) manage the adult's own financial resources; or (f) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation. See Utah Code 26B-6-201 - Writing: includes :Utah Code 68-3-12.5