Terms Used In Vermont Statutes > Title 24 > Chapter 61 > Subchapter 11 - Miscellaneous Regulatory Powers

• Abuse: means :

• Acquittal:
  1. Judgement that a criminal defendant has not been proved guilty beyond a reasonable doubt.
  2. A verdict of "not guilty."
   
• Activities of daily living: means dressing and undressing, bathing, personal hygiene, bed mobility, toilet use, transferring, mobility in and around the home, communication, and eating. See
• Acts of a sexual nature: means fondling, exposure of genitals, and lewd and lascivious conduct. See
• Adult: means any individual who is 18 years of age or older. See
• 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.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Allegation: something that someone says happened.
• Alleged perpetrator: means the individual alleged to have abused, neglected, or exploited the alleged victim. See
• Alleged victim: means the individual who is alleged to have been abused, neglected, or exploited by the alleged perpetrator. See
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• 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.
• Arraignment: A proceeding in which an individual who is accused of committing a crime is brought into court, told of the charges, and asked to plead guilty or not guilty.
• Assessment: means a process by which Adult Protective Services gathers additional information to determine if an investigation should be opened. See
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Assisted living residence: means a program that combines housing, health, and supportive services for the support of resident independence and aging in place. See
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• bonds of affection: means enduring ties that do not depend on the existence of an economic relationship. See
• Capacity: means an individual's ability to make and communicate a decision regarding the issue that needs to be decided. See
• Care: means subsistence, medical services, personal care services, mental health services, or rehabilitative services and includes assistance with activities of daily living or instrumental activities of daily living. See
• Caregiver: means :

• Commissioner: means the Commissioner of Disabilities, Aging, and Independent Living. See
• Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Deed: The legal instrument used to transfer title in real property from one person to another.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Department of Disabilities, Aging, and Independent Living. See
• Dependent: A person dependent for support upon another.
• Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Employer: means a person or organization who employs or contracts with one or more individuals to care for vulnerable adults, on either a paid or volunteer basis. See
• 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.
• Exploitation: means :

• Expungement: means the removal of an individual's name and associated identifying information from the Adult Abuse Registry. See
• Facility: means a residential care home, nursing home, assisted living residence, home for persons who are terminally ill, or therapeutic community residence licensed or required to be licensed pursuant to the provisions of this chapter. See
• Fees: shall mean earnings due for official services, aside from salaries or per diem compensation. See
• Fiduciary: A trustee, executor, or administrator.
• Financial exploitation: means :

• Financial information: means an original or copy of, or information derived from:

• Financial institution: means any financial services provider licensed, registered, or otherwise authorized to do business in Vermont, including a bank, credit union, broker-dealer, investment advisor, mutual fund, or investment company. See
• 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.
• following: when used by way of reference to a section of the law shall mean the next preceding or following section. See
• Fraud: Intentional deception resulting in injury to another.
• gender identity: means an individual's actual or perceived gender identity, or gender-related characteristics intrinsically related to an individual's gender or gender-identity, regardless of the individual's assigned sex at birth. See
• 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.
• Home for persons who are terminally ill: means a place providing services specifically for three or more people who are dying, including room, board, personal care, and other assistance for the residents' emotional, spiritual, and physical well-being. See
• Home health agency: means a for-profit or nonprofit health care facility providing part-time or intermittent skilled nursing services and at least one of the following other therapeutic services made available on a visiting basis, in a place of residence used as a patient's home: physical, speech, or occupational therapy; medical social services; home health aide services; or other non-nursing therapeutic services, including the services of nutritionists, dieticians, psychologists, and licensed mental health counselors. See
• Home health services: means activities and functions of a home health agency, including nurses, home health aides, physical therapists, occupational therapists, speech therapists, medical social workers, or other non-nursing therapeutic services directly related to care, treatment, or diagnosis of patients in the home. See
• Insolvent: means :

• Instrumental activities of daily living: means meal preparation, medication management, phone use, money management, household maintenance, housekeeping, laundry, shopping, transportation, and care of adaptive equipment. See
• Interested person: means a representative of the vulnerable adult; Adult Protective Services staff; the Commissioner of Disabilities, Aging, and Independent Living; or the Commissioner's designee. See
• Investigative summary report: means the document that summarizes the investigation conducted by Adult Protective Services and includes a recommendation to substantiate or unsubstantiate the investigated allegations against the alleged perpetrator. See
• 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.
• Licensing agency: means the Agency of Human Services or the department or division within the Agency as the Secretary of Human Services may designate. See
• Lien: A claim against real or personal property in satisfaction of a debt.
• Maltreatment: means abuse, neglect, or exploitation as defined in this section. See
• Mandatory reporter: means an individual with an obligation to report allegations of maltreatment of vulnerable adults pursuant to 6903 of this title. See
• Month: shall mean a calendar month and "year" shall mean a calendar year and be equivalent to the expression "year of our Lord. See
• Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Municipality: shall include a city, town, town school district, incorporated school or fire district or incorporated village, and all other governmental incorporated units. See
• Neglect: means purposeful, knowing, or reckless failure or omission by a caregiver that has resulted in, or could be expected to result in, physical or psychological harm, including a failure or omission to:

• Nursing care: means the performance of services necessary in caring for persons who are sick or injured that require specialized knowledge, judgment, and skill and meet the standards of nursing as defined in 26 V. See
• Nursing home: means an institution or distinct part of an institution that is primarily engaged in providing to its residents any of the following:

• 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.
• Oversight: Committee review of the activities of a Federal agency or program.
• Person: shall include any natural person, corporation, municipality, the State of Vermont or any department, agency, or subdivision of the State, and any partnership, unincorporated association, or other legal entity. See
• person having custody or control of the financial information: means :

• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan of care: means a medically approved plan of treatment, protocol, individual care plan, rehabilitative plan, plan to address activities of daily living, or similar procedure describing the care, treatment, or services to address a vulnerable adult's physical, psychological, or rehabilitative needs. See
• 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}
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Probate: Proving a will
• Protective services: means services, actions, measures, or interventions that are intended, through voluntary agreement or through appropriate court action, to prevent further neglect, abuse, or exploitation of a vulnerable adult. See
• Provider: means an individual, organization, or entity that provides care to adults known to be vulnerable. See
• Psychiatric disability: means an impairment of thought, mood, perception, orientation, or memory that limits one or more major life activities but does not include intellectual disability. See
• Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
• Recommendation for substantiation: means that an investigation has been conducted and the Adult Protective Services investigator has concluded that the preponderance of the evidence discovered in the course of the investigation would lead a reasonable person to believe that the alleged perpetrator abused, neglected, or exploited the vulnerable adult. See
• 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.
• Report: means the statements provided to Adult Protective Services from a reporter alleging that a vulnerable adult has been abused, neglected, or exploited. See
• Reporter: means the person who has submitted a report to Adult Protective Services. See
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Representative: means a court-appointed guardian, an agent acting under an advance directive executed pursuant to 18 Vt. See
• Resident: means any person who lives in and receives services or care in a facility. See
• Residential care home: means a place, however named, excluding a licensed foster home, that provides, for profit or otherwise, room, board, and personal care to three or more residents unrelated to the home operator. See
• road: shall include bridges thereon and their approaches. See
• Self-neglect: means an adult's inability, due to physical or mental impairment or diminished capacity, to perform essential self-care tasks including:

• Sexual activity: means a sexual act as defined in 13 V. See
• sexual orientation: means female or male homosexuality, heterosexuality, or bisexuality. See
• State: when applied to the different parts of the United States may apply to the District of Columbia and any territory and the Commonwealth of Puerto Rico. See
• Statute: A law passed by a legislature.
• Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
• Subpoena: A command to a witness to appear and give testimony.
• Substantiated: means that the Commissioner or the Commissioner's designee has determined, after the investigation, that a report demonstrates, by a preponderance of the evidence, that the vulnerable adult has been abused, neglected, or exploited by the alleged perpetrator. See
• sworn: shall include affirmed. See
• Therapeutic community residence: means a place, however named, excluding hospitals as defined by statute, that provides, for profit or otherwise, transitional individualized treatment to three or more residents with major life adjustment problems, such as a substance use disorder, psychiatric disability, or delinquency. See
• Town: shall include city and wards or precincts therein; "selectboard members" and "board of civil authority" shall extend to and include the mayor and aldermen of cities; "trustees" shall extend to and include bailiffs of incorporated villages; and the laws applicable to the inhabitants and officers of towns shall be applicable to the inhabitants and similar officers of all municipal corporations. See
• town: shall mean village or city. See
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Unsubstantiated: means that an investigation has been conducted without a recommendation of substantiation. See
• Venue: The geographical location in which a case is tried.
• Village: shall mean an incorporated village. See
• Volunteer: means an individual who, without compensation, provides services through a private or public organization. See
• Vulnerable adult: means any person 18 years of age or older who: