consent because he or she is mentally defective, mentally incapacitated, or physically helpless, as those terms are defined in § 5-14-101.
“Neglect” means acts or omissions by an endangered adult; for example, self-neglect or intentional acts or omissions by a caregiver responsible for the care and supervision of an endangered or impaired adult constituting: (a) Negligently failing to provide necessary treatment, rehabilitation, care, food, clothing, shelter, supervision, or medical services to an endangered or impaired adult; (b) Negligently failing to report health problems or changes in health problems or changes in the health condition of an endangered or impaired adult to the appropriate medical personnel; or (c) Negligently failing to carry out a prescribed treatment plan.
“Exploitation” means the illegal use or management of endangered or impaired adult’s funds, assets, or property, or the use of an endangered or impaired adult’s person, power of attorney, or guardianship for the profit or advantage of himself, herself, or another.
“Endangered adult” means an adult 18 years of age or older who is found to be in a situation or condition which poses an imminent risk of death or serious bodily harm to that person and who demonstrates a lack of capacity to comprehend the nature and consequences of remaining in that situation or condition; or a resident 18 years of age or older of a long-term care facility which is required to be licensed under § 20-10-224, who is found to be in a situation or condition which poses imminent risk of death or serious bodily harm to the person and who demonstrates the lack of capacity to comprehend the nature and consequences of remaining in that situation or condition. “Impaired adult” means a person 18 years or older who, as a result of mental or physical impairment, is unable to protect himself or herself from abuse, sexual abuse, neglect, or exploitation, and as a consequence thereof is endangered.
“Caregiver” means a related or unrelated person, owner, agent, high managerial agent of a public or private organization, or public or private organization that has responsibility for protection, care, or custody of an endangered or impaired adult as a result of assuming the responsibility voluntarily, by contract, through employment, or by order of the court.
CALIFORNIA: Cal. Wel. & Inst. Code §§ 15610.07, 15610.30, 15610.57 (2001); Cal. Pen. Code § 368 (2001)
“Abuse of an elder or dependent adult” under § 15610.07 includes physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other