| (a) |
As used in this section:
| (i) |
"Abuse" means the same as that term is defined in Section 76-5-111. |
| (ii) |
"Business relationship" means a relationship between two or more individuals or entities where there exists an oral or written agreement for the exchange of goods or services. |
| (iii) |
"Deception" means:
| (A) |
a misrepresentation or concealment:
| (I) |
of a material fact relating to services rendered, disposition of property, or use of property intended to benefit a vulnerable adult; |
| (II) |
of the terms of a contract or agreement entered into with a vulnerable adult; or |
| (III) |
relating to the existing or preexisting condition of any property involved in a contract or agreement entered into with a vulnerable adult; or |
|
| (B) |
the use or employment of any misrepresentation, false pretense, or false promise in order to induce, encourage, or solicit a vulnerable adult to enter into a contract or agreement. |
|
| (iv) |
"Endeavor" means to attempt or try. |
| (v) |
"Intimidation" means communication conveyed through verbal or nonverbal conduct that threatens deprivation of money, food, clothing, medicine, shelter, social interaction, supervision, health care, or companionship, or that threatens isolation or harm. |
| (vi) |
"Isolation" means the same as that term is defined in Section 76-5-111. |
| (vii) |
"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 to the extent that a vulnerable adult lacks sufficient understanding of the nature or consequences of decisions concerning the vulnerable adult's person or property. |
| (viii) |
"Neglect" means the same as that term is defined in Section 76-5-111. |
| (ix) |
"Undue influence" occurs when a person:
| (A) |
uses influence to take advantage of a vulnerable adult's mental or physical impairment; or |
| (B) |
uses the person's role, relationship, or power:
| (I) |
to exploit, or knowingly assist or cause another to exploit, the trust, dependency, or fear of a vulnerable adult; or |
| (II) |
to gain control deceptively over the decision making of the vulnerable adult. |
|
|
| (x) |
"Vulnerable adult" means the same as that term is defined in Section 76-5-111. |
|
