Guam § 32 - General Definitions.

§ 32. General Definitions.

As used in this Chapter:

(a) Business relationship means a relationship between

two (2) or more individuals or entities where there exists an

oral or written contract or agreement for goods or services.

(b) Caregiver means a person who has been entrusted

with and has assumed responsibility for the care or the

property of an elderly person or individual with a disability.

(c) Individual with a disability means a person eighteen

(18) years of age or older who suffers from a condition of

physical or mental incapacitation due to a developmental

disability, organic brain damage, or mental illness, or who

has one (1) or more physical or mental limitations that

restrict the person’s ability to perform the normal activities

of daily living.

(d) Elderly person means a person fifty-five (55) years

of age or older who is suffering from the infirmities of

aging as manifested by advanced age or organic brain

damage, or other physical, mental, or emotional

dysfunction, to the extent that the ability of the person to

provide adequately for the person’s own care or protection

is impaired.

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(e) Endeavor means to attempt or try.

(f) Lacks capacity to consent means an impairment by

reason of mental illness, developmental disability, organic

brain disorder, physical illness or disability, chronic use of

drugs, chronic intoxication, short-term memory loss, or

other cause, that causes an elderly person or individual with

a disability to lack sufficient understanding or capacity to

make or communicate reasonable decisions concerning the

elderly person’s or individual with a disability’s person or

property.

(g) Obtains or uses means any manner of:

(1) taking or exercising control over property; or

(2) making any use, disposition, or transfer of

property.

(h) Position of trust and confidence with respect to an

elderly person or an individual with a disability means the

position of a person who:

(1) is a parent, spouse, adult child, or other

relative by blood or marriage of the elderly person or

individual with a disability;

(2) is a joint tenant or tenant in common with the

elderly person or individual with a disability;

(3) has a legal or fiduciary relationship with the

elderly person or individual with a disability,

including, but not limited to, a court-appointed or

voluntary guardian, trustee, attorney, or conservator;

(4) is a caregiver of the elderly person or

individual with a disability; or

(5) is any other person who has been entrusted

with and has assumed responsibility for the use or

management of the elderly person’s or individual with

a disability’s funds, assets, or property.

(i) Property means anything of value and includes:

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(1) real property, including things growing on,

affixed to, and found in land;

(2) tangible or intangible personal property,

including money, rights, privileges, interests, and

claims; and

(3) services.

(j) Services means anything of value resulting from a

person’s physical or mental labor or skill, or from the use,

possession, or presence of property, and includes:

(1) repairs or improvements to property;

(2) professional services;

(3) private, public, or governmental

communication, transportation, power, water, or

sanitation services;

(4) lodging accommodations; and

(5) admissions to places of exhibition or

entertainment.