10.1.7.010 DEFINITIONS

As used in this Elder Abuse Prevention Act ("Act"), unless the context clearly indicates otherwise:

A. "Abuse" shall mean a breach of fiduciary responsibility or the willful infliction of physical injury or pain, assault, sexual abuse, mental anguish, unreasonable confinement, intimidation, fear of bodily harm, financial exploitation, the willful deprivation by a Caretaker of the basic necessities of life including but not limited to food, shelter, clothing, and medical and personal care which are necessary to avoid physical harm, mental anguish, or mental illness, or any other type of maltreatment. However, no Elder shall be deemed to be abused for the sole reason the Elder is being furnished non-medical remedial treatment by spiritual means through prayer alone in accordance with a recognized religious method of healing in lieu of medical treatment;

B. "Adult Care Services Worker" shall mean any employee in the Department of Social Services or other persons designated by the Governor to serve in such capacity including but not limited to a Social Services Worker employed by the U.S. Bureau of Indian Affairs;

C. "Advocate for the Elder" shall mean any person appointed by the Court to act in such capacity, or alternatively, any person appointed to act in such capacity by the Governor and such appointment is communicated to the Court;

D. "Caretaker" means an adult individual who has assumed responsibility for the care of an Elder, either voluntarily, by contract, receipt of payment for care as a result of a family relationship, or by an order of a Court of the Pueblo;

E. "Department of Social Services" shall mean any department of the Pueblo, or other entity designated by the Governor to serve as a department, to receive reports on Elder Abuse or otherwise work with the Elderly. If the Governor does not designate a department, the Governor's office shall serve as the Department of Social Services;

F. "Elder" or "Elderly" shall mean any person who has attained the age of fifty-five (55) years;

G. "Exploitation" shall mean the act or process of using an Elder or an Elder's resources for another person's profit, advantage, gain, or for monetary or personal benefit without legal entitlement to do so including breach of fiduciary responsibility;

H. "Fiduciary Responsibility" shall mean the duty owed to an Elder to use the Elder's monetary funds and assets for the best interest of the Elder. A fiduciary responsibility shall apply to any individual or other legal entity that obtains possession or control of the assets of an Elder;

I. "Mental Anguish" shall mean to subject an Elder to fear, agitation, confusion, severe depression, or other forms of serious emotional distress, through abuse or threats, harassment, or other forms of intimidating behavior;

J. "Officer" shall mean any law enforcement personnel as authorized by the Pueblo, including an Officer from another Pueblo, the State, or Federal government;

K. "Order of Protection" shall mean an order issued by a Court of the Pueblo, or a court order issued by another court and domesticated by a Court of the Pueblo, that is issued for the temporary protection, security, and care of an Elder.

L. "Physical Injury" shall mean bodily pain, harm, impairment, or disease;

M. "Prosecutor" shall mean a person so designated by the Governor to prosecute individuals who violate Pueblo laws. The Governor may designate a Prosecutor by executive order, employment, or contract. If the Governor has not designated a Prosecutor, then an Adult Care Services Worker may act as the Prosecutor for purposes of this Act.