Elder Abuse and Elder Financial Exploitation Statutes

LOUISIANA REVISED STATUTES 
TITLE 15.  CRIMINAL PROCEDURE 
CHAPTER 14.  ADULT PROTECTIVE SERVICES ACT
§ 15:1503. Definitions
(7) “Exploitation” means the illegal or improper use or management of the funds, assets, or property of a person who is aged or an adult with a disability, or the use of power of attorney or guardianship of a person who is aged or an adult with a disability for one's own profit or advantage.

(3) “Adult” means any individual eighteen years of age or older, or an emancipated minor who, due to a physical, mental, or developmental disability or the infirmities of aging, is unable to manage his own resources, carry out the activities of daily living, or protect himself from abuse, neglect, or exploitation.

PART I  ADMINISTRATION OF THE GOVERNMENT 
TITLE II  EXECUTIVE AND ADMINISTRATIVE OFFICERS OF THE COMMONWEALTH
Chapter 19A  Department of Elder Affairs
§ 14.  Definitions applicable to Secs. 14 to 26.

“Financial exploitation”, an act or omission by another person, which causes a substantial monetary or property loss to an elderly person, or causes a substantial monetary or property gain to the other person, which gain would otherwise benefit the elderly person but for the act or omission of such other person; provided, however, that such an act or omission shall not be construed as financial exploitation if the elderly person has knowingly consented to such act or omission unless such consent is a consequence of misrepresentation, undue influence, coercion or threat of force by such other person; and, provided further, that financial exploitation shall not be construed to interfere with or prohibit a bona fide gift by an elderly person or to apply to any act or practice in the conduct of any trade or commerce declared unlawful by section two of chapter ninety-three A.

“Elderly person”, an individual who is sixty years of age or over.

Chapter 400  SOCIAL SERVICES
Section 400.11 THE SOCIAL WELFARE ACT (EXCERPT) Act 280 of 1939
§ 400.11 Definitions.

(c) “Exploitation” means an action that involves the misuse of an adult's funds, property, or personal dignity by another person.

(b) “Adult in need of protective services” or “adult” means a vulnerable person not less than 18 years of age who is suspected of being or believed to be abused, neglected, or exploited

(f) “Vulnerable” means a condition in which an adult is unable to protect himself or herself from abuse, neglect, or exploitation because of a mental or physical impairment or because of advanced age.

FAMILY LAW 
TITLE 14.  ADULT PROTECTIVE SERVICES 
SUBTITLE 1.  DEFINITIONS AND GENERAL PROVISIONS
§ 14-101. Definitions

(a) In this title the following words have the meanings indicated.

(f) “Exploitation” means any action which involves the misuse of a vulnerable adult's funds, property, or person.

(q) “Vulnerable adult” means an adult who lacks the physical or mental capacity to provide for the adult's daily needs.

CHAPTER 626. Peace Officers; Searches; Pursuit; Mandatory Reporting
REPORTING 626.5572 DEFINITIONS
Subd. 9. Financial exploitation. “Financial exploitation” means:
(a) In breach of a fiduciary obligation recognized elsewhere in law, including pertinent regulations, contractual obligations, documented consent by a competent person, or the obligations of a responsible party under section 144.6501, a person:
(1) engages in unauthorized expenditure of funds entrusted to the actor by the vulnerable adult which results or is likely to result in detriment to the vulnerable adult; or
(2) fails to use the financial resources of the vulnerable adult to provide food, clothing, shelter, health care, therapeutic conduct or supervision for the vulnerable adult, and the failure results or is likely to result in detriment to the vulnerable adult.
(b) In the absence of legal authority a person:
(1) willfully uses, withholds, or disposes of funds or property of a vulnerable adult;
(2) obtains for the actor or another the performance of services by a third person for the wrongful profit or advantage of the actor or another to the detriment of the vulnerable adult;
(3) acquires possession or control of, or an interest in, funds or property of a vulnerable adult through the use of undue influence, harassment, duress, deception, or fraud; or
(4) forces, compels, coerces, or entices a vulnerable adult against the vulnerable adult's will to perform services for the profit or advantage of another.
(c) Nothing in this definition requires a facility or caregiver to provide financial management or supervise financial management for a vulnerable adult except as otherwise required by law.

Subd. 21. Vulnerable adult. (a) “Vulnerable adult” means any person 18 years of age or older who:
(1) is a resident or inpatient of a facility;
(2) receives services required to be licensed under chapter 245A, except that a person receiving outpatient services for treatment of chemical dependency or mental illness, or one who is served in the Minnesota Sex Offender Program on a court-hold order for commitment, or is committed as a sexual psychopathic personality or as a sexually dangerous person under chapter 253B, is not considered a vulnerable adult unless the person meets the requirements of clause (4);
(3) receives services from a home care provider required to be licensed under sections 144A.43 to 144A.482; or from a person or organization that offers, provides, or arranges for personal care assistance services under the medical assistance program as authorized under section 256B.0625, subdivision 19a, 256B.0651, 256B.0653, 256B.0654, 256B.0659, or 256B.85; or
(4) regardless of residence or whether any type of service is received, possesses a physical or mental infirmity or other physical, mental, or emotional dysfunction:
(i) that impairs the individual's ability to provide adequately for the individual's own care without assistance, including the provision of food, shelter, clothing, health care, or supervision; and
(ii) because of the dysfunction or infirmity and the need for care or services, the individual has an impaired ability to protect the individual's self from maltreatment.
(b) For purposes of this subdivision, “care or services” means care or services for the health, safety, welfare, or maintenance of an individual.

TITLE 43.  PUBLIC WELFARE 
CHAPTER 47.  MISSISSIPPI VULNERABLE PERSONS ACT
§ 43-47-5 - Definitions

(i) “Exploitation” means the illegal or improper use of a vulnerable person or his resources for another's profit, advantage or unjust enrichment, with or without the consent of the vulnerable person, and may include actions taken pursuant to a power of attorney. “Exploitation” includes, but is not limited to, a single incident.

(q) “Vulnerable person” means a person, whether a minor or adult, whose ability to perform the normal activities of daily living or to provide for his or her own care or protection from abuse, neglect, exploitation or improper sexual contact is impaired due to a mental, emotional, physical or developmental disability or dysfunction, or brain damage or the infirmities of aging. The term “vulnerable person” also includes all residents or patients, regardless of age, in a care facility. The department shall not be prohibited from investigating, and shall have the authority and responsibility to fully investigate, in accordance with the provisions of this chapter, any allegation of abuse, neglect or exploitation regarding a patient in a care facility, if the alleged abuse, neglect or exploitation occurred at a private residence.

CHAPTER 108A.  SOCIAL SERVICES 
ARTICLE 6.  PROTECTION OF THE ABUSED, NEGLECTED OR EXPLOITED DISABLED ADULT ACT
§ 108A-101.  Definitions.

(j) The word “exploitation” means the illegal or improper use of a disabled adult or his resources for another's profit or advantage.

(d) The words “disabled adult” shall mean any person 18 years of age or over or any lawfully emancipated minor who is present in the State of North Carolina and who is physically or mentally incapacitated due to an intellectual disability, cerebral palsy, epilepsy or autism; organic brain damage caused by advanced age or other physical degeneration in connection therewith; or due to conditions incurred at any age which are the result of accident, organic brain damage, mental or physical illness, or continued consumption or absorption of substances.

TITLE 50  Public Welfare 
CHAPTER 50-25.2  Vulnerable Adult Protection Services
§ 50-25.2-01. Definitions
7. “Financial exploitation” means use or receipt of services provided by the vulnerable adult without just compensation, the taking, acceptance, misappropriation, or misuse of property or resources of a vulnerable adult by means of undue influence, breach of a fiduciary relationship, deception, harassment, criminal coercion, theft, or other unlawful or improper means.

17. “Vulnerable adult” means an adult who has a substantial mental or functional impairment.

TITLE XII  Public Safety and Welfare 
CHAPTER 161-F  Elderly and Adult Services 
Protective Services to Adults
161-F:43 Definitions.

IV. “Exploitation” means the illegal use of a vulnerable adult's person or property for another person's profit or advantage, or the breach of a fiduciary relationship through the use of a person or a person's property for any purpose not in the proper and lawful execution of a trust, including, but not limited to, situations where a person obtains money, property, or services from a vulnerable adult through the use of undue influence, harassment, duress, deception, or fraud.

VII. “Vulnerable” means that the physical, mental, or emotional ability of a person is such that he or she is unable to manage personal, home, or financial affairs in his or her own best interest, or he or she is unable to act or unable to delegate responsibility to a responsible caretaker or caregiver.

TITLE 52.  STATE GOVERNMENT, DEPARTMENTS AND OFFICERS
SUBTITLE 3.  EXECUTIVE AND ADMINISTRATIVE DEPARTMENTS, OFFICERS AND EMPLOYEES 
CHAPTER 27D.  DEPARTMENT OF COMMUNITY AFFAIRS 
 LOCAL GOVERNMENT EDUCATION PROGRAM
§ 52:27D-407. Definitions

“Exploitation” means the act or process of illegally or improperly using a person or his resources for another person's profit or advantage.

“Vulnerable adult” means a person 18 years of age or older who resides in a community setting and who, because of a physical or mental illness, disability or deficiency, lacks sufficient understanding or capacity to make, communicate, or carry out decisions concerning his well-being and is the subject of abuse, neglect or exploitation. A person shall not be deemed to be the subject of abuse, neglect or exploitation or in need of protective services for the sole reason that the person is being furnished nonmedical remedial treatment by spiritual means through prayer alone or in accordance with a recognized religious method of healing in lieu of medical treatment, and in accordance with the tenets and practices of the person's established religious tradition.

CHAPTER 27.  PUBLIC ASSISTANCE 
ARTICLE 7.  ADULT PROTECTIVE SERVICES
§ 27-7-16.  Definitions

I. “exploitation” means an unjust or improper use of an adult's money or property for another person's profit or advantage, pecuniary or otherwise;

C. “Adult” means a person eighteen years of age or older;

TITLE 15.  Crimes And Punishments. 
CHAPTER 200.  Crimes Against the Person. 
Abuse, Neglect, Exploitation or Isolation of Older Persons and Vulnerable Persons
200.5092.  Definitions.

3. “Exploitation” means any act taken by a person who has the trust and confidence of an older person or a vulnerable person or any use of the power of attorney or guardianship of an older person or a vulnerable person to:
(a) Obtain control, through deception, intimidation or undue influence, over the older person's or vulnerable person's money, assets or property with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property; or
(b) Convert money, assets or property of the older person or vulnerable person with the intention of permanently depriving the older person or vulnerable person of the ownership, use, benefit or possession of his or her money, assets or property.
As used in this subsection, “undue influence” means the improper use of power or trust in a way that deprives a person of his or her free will and substitutes the objectives of another person. The term does not include the normal influence that one member of a family has over another.

6. “Older person” means a person who is 60 years of age or older.

SOCIAL SERVICES LAW 
ARTICLE 9-B.  ADULT PROTECTIVE SERVICES 
TITLE 1.  PROTECTIVE SERVICES
§ 473.  Protective services
6. Definitions. When used in this title unless otherwise expressly stated or unless the context or subject matter requires a different interpretation:

(g) “Financial exploitation” means improper use of an adult's funds, property or resources by another individual, including but not limited to, fraud, false pretenses, embezzlement, conspiracy, forgery, falsifying records, coerced property transfers or denial of access to assets.

EXECUTIVE LAW
CHAPTER 18. OF THE CONSOLIDATED LAWS
ARTICLE 35. DIVISION OF CRIMINAL JUSTICE SERVICES
§ 837-F-1. Missing vulnerable adults clearinghouse
1. For purposes of this section:

(a) “Vulnerable adult” shall mean an individual eighteen years of age or older who has a cognitive impairment, mental disability, or brain disorder and whose disappearance has been determined by law enforcement to pose a creditable threat of harm to such missing individual.

TITLE 30 - HANDICAPPED PERSONS
CHAPTER 5 - PROTECTION OF DISABLED ADULTS AND ELDER PERSONS
§ 30-5-3.  Definitions

(8) “Exploitation” means the illegal or improper use of a disabled adult or elder person or that person's resources through undue influence, coercion, harassment, duress, deception, false representation, false pretense, or other similar means for one's own or another's profit or advantage.

(5) “Disabled adult” means a person 18 years of age or older who is not a resident, but who:
(A) Is mentally or physically incapacitated;
(B) Has Alzheimer's disease, as defined in Code Section 31-8-180; or
(C) Has dementia, as defined in Code Section 16-5-100.

(6) “Elder person” means a person 65 years of age or older who is not a resident.

TITLE 43A Mental Health
CHAPTER 1. MENTAL HEATLH LAW OF 1986
PROTECTIVE SERVICES FOR VULNERABLE ADULTS ACT
§10-103.  Definitions

9. “Exploitation” or “exploit” means an unjust or improper use of the resources of a vulnerable adult for the profit or advantage, pecuniary or otherwise, of a person other than the vulnerable adult through the use of undue influence, coercion, harassment, duress, deception, false representation or false pretense;
10. “Financial neglect” means repeated instances by a caretaker, or other person, who has assumed the role of financial management, of failure to use the resources available to restore or maintain the health and physical well-being of a vulnerable adult, including, but not limited to:
a. squandering or negligently mismanaging the money, property, or accounts of a vulnerable adult,
b. refusing to pay for necessities or utilities in a timely manner, or
c. providing substandard care to a vulnerable adult despite the availability of adequate financial resources;

5. “Vulnerable adult” means an individual who is an incapacitated person or who, because of physical or mental disability, including persons with Alzheimer's disease or other dementias, incapacity, or other disability, is substantially impaired in the ability to provide adequately for the care or custody of himself or herself, or is unable to manage his or her property and financial affairs effectively, or to meet essential requirements for mental or physical health or safety, or to protect himself or herself from abuse, verbal abuse, neglect, or exploitation without assistance from others;

TITLE LI. Public Welfare
CHAPTER 5101.  DEPARTMENT OF JOB AND FAMILY SERVICES -- GENERAL PROVISIONS 
PROTECTIVE SERVICES FOR ADULTS
§ 5101.60. Definitions

(J) “Exploitation” means the unlawful or improper act of a person using, in one or more transactions, an adult or an adult's resources for monetary or personal benefit, profit, or gain when the person obtained or exerted control over the adult or the adult's resources in any of the following ways:

(1) Without the adult's consent or the consent of the person authorized to give consent on the adult's behalf;
(2) Beyond the scope of the express or implied consent of the adult or the person authorized to give consent on the adult's behalf;
(3) By deception;
(4) By threat;
(5) By intimidation.

(C) “Adult” means any person sixty years of age or older within this state who is handicapped by the infirmities of aging or who has a physical or mental impairment which prevents the person from providing for the person's own care or protection, and who resides in an independent living arrangement.

Title 13  Protective Proceedings; Powers of Attorney; Trusts 
Chapter 124.  Abuse Prevention and Reporting; Civil Action for Abuse 
Reporting of Abuse
124.050  Definitions  As used in ORS 124.050 to 124.095:

(4) “Financial exploitation” means:
(a) Wrongfully taking the assets, funds or property belonging to or intended for the use of an elderly person or a person with a disability.
(b) Alarming an elderly person or a person with a disability by conveying a threat to wrongfully take or appropriate money or property of the person if the person would reasonably believe that the threat conveyed would be carried out.
(c) Misappropriating, misusing or transferring without authorization any money from any account held jointly or singly by an elderly person or a person with a disability.
(d) Failing to use the income or assets of an elderly person or a person with a disability effectively for the support and maintenance of the person.

(2) “Elderly person” means any person 65 years of age or older who is not subject to the provisions of ORS 441.640 to 441.665.

TITLE 42.  STATE AFFAIRS AND GOVERNMENT 
CHAPTER 9.2 Office of Elder Justice Prosecution Unit
§ 42-9.2-2  Definitions    

(2) “Exploitation” means the fraudulent or otherwise illegal, unauthorized or improper act or process of an individual, including, but not limited to, a caregiver or fiduciary, that uses the resources of an elder for monetary or personal benefit, profit, gain, or that results in depriving an elder of rightful access to, or use of, benefits, resources, belongings, or assets by use of undue influence, harassment, duress, deception, false representation or false pretenses.

(3) “Elder” means an individual sixty (60) years or older.
(4) “Elder justice” means efforts to prevent, detect, treat, intervene in and prosecute elder abuse, neglect and exploitation and to protect elders while maximizing their autonomy as well as the recognition of an elder's rights, including the right to be free of abuse, neglect and exploitation.

CHAPTER 28.  CRIMES AND PUNISHMENTS 
ARTICLE 3.  OFFENSES AGAINST THE PERSON 
(b) ADULT PROTECTIVE SERVICES ACT

"Exploitation" means the wrongful or unauthorized taking, withholding, appropriation, conversion, control, or use of money, funds, securities, assets, or any other property of a vulnerable adult or senior adult by any person by means of undue influence, breach of a fiduciary relationship, deception, extortion, intimidation, force or threat of force, isolation, or any unlawful means or by the breach of a fiduciary duty by the guardian, conservator, agent under a power of attorney, trustee, or any other fiduciary of a vulnerable adult or senior adult.

"Vulnerable adult" means any person eighteen years of age or older who has a substantial mental or functional impairment or for whom a guardian or conservator has been appointed under the Nebraska Probate Code.

TITLE 74.  PUBLIC ASSISTANCE 
CHAPTER 74.34.  ABUSE OF VULNERABLE ADULTS
§ 74.34.020. Definitions

(7) “Financial exploitation” means the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of the vulnerable adult by any person or entity for any person's or entity's profit or advantage other than for the vulnerable adult's profit or advantage. “Financial exploitation” includes, but is not limited to:
(a) The use of deception, intimidation, or undue influence by a person or entity in a position of trust and confidence with a vulnerable adult to obtain or use the property, income, resources, or trust funds of the vulnerable adult for the benefit of a person or entity other than the vulnerable adult;
(b) The breach of a fiduciary duty, including, but not limited to, the misuse of a power of attorney, trust, or a guardianship appointment, that results in the unauthorized appropriation, sale, or transfer of the property, income, resources, or trust funds of the vulnerable adult for the benefit of a person or entity other than the vulnerable adult; or
(c) Obtaining or using a vulnerable adult's property, income, resources, or trust funds without lawful authority, by a person or entity who knows or clearly should know that the vulnerable adult lacks the capacity to consent to the release or use of his or her property, income, resources, or trust funds.

(22) “Vulnerable adult” includes a person:
(a) Sixty years of age or older who has the functional, mental, or physical inability to care for himself or herself; or
(b) Found incapacitated under *chapter 11.88 RCW; or
(c) Who has a developmental disability as defined under RCW 71A.10.020; or
(d) Admitted to any facility; or
(e) Receiving services from home health, hospice, or home care agencies licensed or required to be licensed under chapter 70.127 RCW; or
(f) Receiving services from an individual provider; or
(g) Who self-directs his or her own care and receives services from a personal aide under chapter 74.39 RCW.

TITLE 43. SOCIAL SERVICES 
CHAPTER 35. ADULT PROTECTION 
ARTICLE 1. DUTIES AND PROCEDURES OF INVESTIGATIVE ENTITIES
§ 43-35-10. Definitions.
(3) “Exploitation” means:
(a) causing or requiring a vulnerable adult to engage in activity or labor which is improper, unlawful, or against the reasonable and rational wishes of the vulnerable adult. Exploitation does not include requiring a vulnerable adult to participate in an activity or labor which is a part of a written plan of care or which is prescribed or authorized by a licensed physician attending the patient;
(b) an improper, unlawful, or unauthorized use of the funds, assets, property, power of attorney, guardianship, or conservatorship of a vulnerable adult by a person for the profit or advantage of that person or another person; or
(c) causing a vulnerable adult to purchase goods or services for the profit or advantage of the seller or another person through: (i) undue influence, (ii) harassment, (iii) duress, (iv) force, (v) coercion, or (vi) swindling by overreaching, cheating, or defrauding the vulnerable adult through cunning arts or devices that delude the vulnerable adult and cause him to lose money or other property.

(11) “Vulnerable adult” means a person eighteen years of age or older who has a physical or mental condition which substantially impairs the person from adequately providing for his or her own care or protection. This includes a person who is impaired in the ability to adequately provide for the person's own care or protection because of the infirmities of aging including, but not limited to, organic brain damage, advanced age, and physical, mental, or emotional dysfunction. A resident of a facility is a vulnerable adult.

TITLE 22.  CRIMES 
CHAPTER 22-46.  ABUSE, NEGLECT OR EXPLOITATION OF DISABLED ADULTS
§ 22-46-1.  Definitions of terms   
(5) “Exploitation,” the wrongful taking or exercising of control over property of an elder or adult with a disability with intent to defraud the elder or adult with a disability;

(1) “Adult with a disability,” a person eighteen years of age or older who has a condition of intellectual disability, infirmities of aging as manifested by organic brain damage, advanced age, or other physical dysfunctioning to the extent that the person is unable to protect himself or herself or provide for his or her own care;

(3) “Elder,” a person sixty-five years of age or older;

Title 71.  Welfare 
Chapter 6.  Programs and Services for Abused Persons 
Part 1.  Adult Protection
71-6-102.  Part definitions.

(8) “Exploitation” means the improper use by a caretaker of funds that have been paid by a governmental agency to an adult or to the caretaker for the use or care of the adult;

(2) “Adult” means a person eighteen (18) years of age or older who because of mental or physical dysfunctioning or advanced age is unable to manage such person's own resources, carry out the activities of daily living, or protect such person from neglect, hazardous or abusive situations without assistance from others and who has no available, willing, and responsibly able person for assistance and who may be in need of protective services; provided, however, that a person eighteen (18) years of age or older who is mentally impaired but still competent shall be deemed to be a person with mental dysfunction for the purposes of this chapter;
(3) “Advanced age” means sixty (60) years of age or older;

HUMAN RESOURCES CODE
TITLE 2.  HUMAN SERVICES AND PROTECTIVE SERVICES IN GENERAL  
SUBTITLE D.  DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES; CHILD WELFARE AND PROTECTIVE SERVICES 
CHAPTER 48.  INVESTIGATIONS AND PROTECTIVE SERVICES FOR ELDERLY PERSONS AND PERSONS WITH DISABILITIES
SUBCHAPTER A.  GENERAL PROVISIONS
§ 48.002. Definitions
(a) Except as otherwise provided under Section 48.251, in this chapter:
(3) “Exploitation” means the illegal or improper act or process of a caretaker, family member, or other individual who has an ongoing relationship with an elderly person or person with a disability that involves using, or attempting to use, the resources of the elderly person or person with a disability, including the person's social security number or other identifying information, for monetary or personal benefit, profit, or gain without the informed consent of the person.

(1) “Elderly person” means a person 65 years of age or older.

(8) “Person with a disability ” means a person with a mental, physical, or intellectual or developmental disability that substantially impairs the person's ability to provide adequately for the person's care or protection and who is:
(A) 18 years of age or older; or
(B) under 18 years of age and who has had the disabilities of minority removed.

Title 76. Utah Criminal Code
Chapter 5. Offenses Against the Individual
Part 1. Assault and Related Offenses § 76-5-111.  Abuse, neglect, or exploitation of a vulnerable adult -- Penalties
(1)(a) As used in this section:
(vi) “Exploitation” means an offense described in Section 76-5-111.3, 76-5-111.4, or 76-5b-202.           
Title 76. Utah Criminal Code
Chapter 5. Offenses Against the Individual
Part 1. Assault and Related Offenses

§ 76-5-111.4. Financial exploitation of a vulnerable adult--Penalties
(2) An actor commits the offense of financial exploitation of a vulnerable adult if the actor:
(a) is in a position of trust and confidence, or has a business relationship, with the vulnerable adult or has undue influence over the vulnerable adult and knowingly, by deception or intimidation, obtains or uses, or endeavors to obtain or use, the vulnerable adult's funds, credit, assets, or other property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the vulnerable adult's property, for the benefit of someone other than the vulnerable adult;
(b) knows or should know that the vulnerable adult lacks the capacity to consent, and obtains or uses, or endeavors to obtain or use, or assists another in obtaining or using or endeavoring to obtain or use, the vulnerable adult's funds, assets, or property with the intent to temporarily or permanently deprive the vulnerable adult of the use, benefit, or possession of the vulnerable adult's property for the benefit of someone other than the vulnerable adult;
(c) unjustly or improperly uses or manages the resources of a vulnerable adult for the profit or advantage of someone other than the vulnerable adult;
(d) unjustly or improperly uses a vulnerable adult's power of attorney or guardianship for the profit or advantage of someone other than the vulnerable adult; or
(e) involves a vulnerable adult who lacks the capacity to consent in the facilitation or furtherance of any criminal activity.

TITLE 62A.  UTAH HUMAN SERVICES CODE 
CHAPTER 3.  AGING AND ADULT SERVICES 
PART 3.  ABUSE, NEGLECT, OR EXPLOITATION OF A VULNERABLE ADULT
§ 62A-3-301.   Definitions

(3) “Adult” means an individual who is 18 years of age or older.
(10)(a) “Dependent adult” means an individual 18 years old or older, who has a physical or mental impairment that restricts the individual's ability to carry out normal activities or to protect the individual's rights.
(b) “Dependent adult” includes an individual who has physical or developmental disabilities or whose physical or mental capacity has substantially diminished because of age.
(12) “Elder adult” means an individual 65 years old or older.
(30) “Vulnerable adult” means an elder adult, or a dependent adult who has a mental or physical impairment which substantially affects that individual's ability to:
(a) provide personal protection;
(b) provide necessities such as food, shelter, clothing, or medical 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 resources; or
(f) comprehend the nature and consequences of remaining in a situation of abuse, neglect, or exploitation.