Section YAE.11.05 — Definitions.

Terms used in this Code have the following meaning:

(a) "Abandonment" means the failure of the family, caretaker, or guardian to provide reasonable support and to maintain regular contact with an Elder.

(b) "Abuse" means one or more of the following:

(1) The intentional or negligent infliction of bodily harm, unreasonable confinement, or intimidation causing mental anguish by any person, including a person having a special relationship with the Elder, e.g., a spouse, child, or other relative, or a caretaker.

(2) The infliction of physical, emotional, or mental injury on an Elder, or sexual abuse or exploitation of an Elder.

(3) Attempting to cause or causing physical harm, bodily injury, or assault on an Elder or the Elder's family, household or caretaker. This includes, but is not limited to, beating, choking or burning, inappropriate medication or tying or locking a person up. This also includes sexual abuse, which occurs when a person has been forced, tricked, threatened, or otherwise coerced into sexual contact against one's will.

(4) Material Abuse, sometimes called financial exploitation, or the misuse of an Elder's money or property.

(c) "Advocate" means manager of DES designated to provide oversight of Elder abuse prevention and intervention programs and to ensure Elders have access to and the benefit of protective services.

(d) "Caretaker" means any of the following:

(1) A person who is required by Tribal law or custom or state law to provide services or resources to an Elder.

(2) A person who voluntarily undertakes to provide care, services, or resources to an Elder.

(3) An institution or agency which voluntarily or is required by Tribal law or custom, state or federal law, or contract to provide services or resources to an Elder.

(4) An employee of any institution or agency specified in Section YAE.11.03.

(e) "Court" means the Stockbridge-Munsee Community Tribal Court.

(f) "Community" means the Stockbridge-Munsee Community.

(g) "DES" means the Stockbridge-Munsee Community Department of Elderly Services.

(h) "Elder" means any person subject to the jurisdiction of the Community who is fifty-five (55) years of age or more.

(i) "Emergency" means any situation in which an Elder is immediately at risk of death or injury and is unable to consent to services that would remove that risk.

(j) "Exploitation" means any of the following:

(1) The improper use or attempted misuse of funds, property, or other resources of an Elder.

(2) The improper use or attempted misuse of an Elder by any person for personal gain or profit or otherwise. This includes, but is not limited to, deception, diverting income, mismanagement of funds.

(3) The failure or refusal to use the funds, property, or other resources of an Elder either for the Elder's benefit or according to the Elder's desires.

(4) Any similar act, whether criminal or civil in nature, that is in violation of the norms and values of a reasonably prudent person

(k) "Family" means all of the customary family relationships recognized by the Community, including extended family relationships.

(l) "Guardian ad Litem" means the person appointed by the Court to take legal action on behalf of an Elder (a ward of the court) and to make decisions for the Elder including consent to or refusal of medical treatment.

(m) "Guardian of Property" means the person appointed by the Court to manage the property of an Elder.

(n) "Good Faith" means an honest belief or purpose and the lack of intent to defraud.

(o) "Incapacity" means the current inability of a person to sufficiently understand, make, and communicate responsible decisions about him or herself and to understand the consequences of any such decision as a result of physical illness or disability, mental illness, deficiency or disability, or chronic use of drugs or alcohol. Incapacity may vary in degree and duration and shall not be determined solely on the basis of age.

(p) "Investigator" means a person who may or may not be a member of law enforcement who has the authority to initiate and complete an investigation regarding elder abuse.

(q) "Infirmities of Aging" means organic brain damage caused by advanced age or other physical degeneration in connection therewith to the extent that the person so afflicted is substantially impaired in his or her ability to adequately provide for his or her care or custody.

(r) "Least Restrictive Alternative" means an approach which allows an Elder independence and freedom from intrusion consistent with the Elder's needs by requiring that the least disruptive method of intervention be used when intervention is necessary to protect the Elder from harm.

(s) "Living Will" means the written instructions that tell medical physicians and family members what life-sustaining treatment one does or does not want if one becomes unable to make decisions at some future time.

(t) "Neglect" means any of the following:

(1) The failure of an Elder's family, guardian, or caretaker to provide for the basic needs of an Elder by not supplying resources, services, or supervision necessary to maintain an Elder's physical and/or mental health and includes the inability of an Elder to supply such basic needs for him or herself.

(2) The interference with the delivery of necessary services or resources.

(3) The failure to report abuse, neglect, or exploitation of an Elder.

(4) The failure to provide services or resources essential to the Elder's practice of his or her customs, traditions, or religion.

(5) The abandonment of an Elder by his or her family.

(u) "Power of Attorney" means a written document signed by an Elder and notarized granting someone authority to act as agent or attorney-in-fact regarding the Elder's business in the name of the Elder. At all times, the Elder may exercise their judgment and have influence in all decisions. There powers may include:

(1) "General Power of Attorney" comprises all of the Elder's business activities, including signing papers, title documents, contracts, bank accounts, etc.

(2) "Durable Power of Attorney" grants powers limited to specific matters, such as selling a particular piece of real estate, handling specific bank accounts, etc. "

(A) "Special Power of Attorney for Health Care" means the appointment by an Elder of someone else to make the Elder's health care decisions in the event of incapacitation.

(B) "Special Power of Attorney for Finances and Property" means the appointment by an Elder of someone else to make the Elder's financial and property related decision in the event of incapacitation.

(v) "Protective Placement" means the placement of an Elder in a hospital, nursing home, residential care facility, hospice, or the transfer of the Elder from one such institution to another with the Elder's consent or appropriate legal authority.

(w) "Protective Services" means those services provided to an Elder with the Elder's consent or with appropriate legal authority and include, but are not limited to, social case work, psychiatric and health evaluations, home care, day care, legal assistance, social services, health care, case management, guardianship, and other services consistent with this Code. Protective services include protective supervision, but does not include protective placement.

(x) "Protective Supervision" means a legal status created by the Court following adjudication on the grounds of neglect or exploitation permitting the Elder to remain in the home, providing that the Department of Elderly Services or designated agent provide supervision and assistance correcting the neglect or exploitation of the Elder.

(y) "Representative Payee" means a person who is appointed by a Tribal or other governmental entity to receive, on behalf of an Elder who is unable to manage funds by reason of physical or mental incapacity, any funds owed to such Elder by the appointing entity.

(z) "Retaliation" means taking any of the following actions against any person(s), or the person's family, reporting Elder abuse, neglect, or exploitation:

(1) Threatening or intimidating the person(s).

(2) Causing bodily harm.

(3) Causing termination, suspension, or reprimand by the employer.

(4) Damaging real or personal property.

(aa) "Self-neglect" means a significant danger to an Elder's physical or mental health because the Elder person is responsible for her or his own care but is unable to provide adequate food, shelter, clothing, or medical/dental care.

(bb) "Will" means the legal document used to divide assets and property after one's death.