46-451

46-451. Definitions; program goals

A. In this chapter, unless the context otherwise requires:

1. "Abuse" means:

(a) Intentional infliction of physical harm.

(b) Injury caused by negligent acts or omissions.

(d) Sexual abuse or sexual assault.

2. "De facto conservator" means any person who takes possession of the estate of a
vulnerable adult, without right or lawful authority. A de facto conservator is subject
to all of the responsibilities that attach to a legally appointed conservator or trustee.

3. "De facto guardian" means any person who takes possession of the person of a
vulnerable adult, without right or lawful authority. A de facto guardian is subject to
all of the responsibilities that attach to a legally appointed guardian.

4. "Exploitation" means the illegal or improper use of a vulnerable adult or his
resources for another's profit or advantage.

5. "Informed consent" means any of the following:

(a) A written expression by the person that the person fully understands the
potential risks and benefits of the withdrawal of food, water, medication, medical
services, shelter, cooling, heating or other services necessary to maintain minimum
physical or mental health and that the person desires that the services be withdrawn.

(b) Consent to withdraw food, water, medication, medical services, shelter,
cooling, heating or other services necessary to maintain minimum physical or mental
health as permitted by an order of a court of competent jurisdiction.

(d) Consent by another person under a durable power of attorney relating to health
care services to withdraw food, water, medication, medical services, shelter, cooling,
heating or other services necessary to maintain minimum physical or mental health.

6. "Neglect" means a pattern of conduct without the person's informed consent
resulting in deprivation of food, water, medication, medical services, shelter, cooling,
heating or other services necessary to maintain minimum physical or mental health.

7. "Protective services" means a program of identifiable and specialized social
services that may offer social services appropriate to resolve problems of abuse,
exploitation or neglect of a vulnerable adult.

8. "Protective services worker" means a person who has been selected by and trained
under the requirements prescribed by the department to provide protective services.

9. "Vulnerable adult" means an individual who is eighteen years of age or older and
who is unable to protect himself from abuse, neglect or exploitation by others because of
a physical or mental impairment. Vulnerable adult includes an incapacitated person as
defined in section 14-5101.

B. Protective services programs shall seek to maintain the adult in his familiar
environment by strengthening his capacity for self-maintenance or by providing supportive
services.

C. Nothing in this section shall be construed to mean that an adult is abused,
neglected or in need of protective services for the sole reason that he relies on
treatment from a recognized religious method of healing in lieu of medical treatment.

D. A written expression pursuant to subsection A, paragraph 5, subdivision (a) of
this section is valid only if the person is of sound mind when the consent is made and if
the consent is witnessed by at least two individuals who do not benefit by the withdrawal
of services.