. "Appendix B: Analysis of Elder Abuse and Neglect Definitions Under State Law." Elder Mistreatment: Abuse, Neglect, and Exploitation in an Aging America. Washington, DC: The National Academies Press, 2003.
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Elder Mistreatment: Abuse, Neglect, and Exploitation in an Aging America
or mental anguish. (2) The willful deprivation by a caretaker of goods or services which are necessary to maintain physical or mental health. (3) Sexual harassment, rape or abuse, as defined in the act of October 7, 1976 (P.L. 1090, No. 218), known as the Protection From Abuse Act. No older adult shall be found to be abused solely on the grounds of environmental factors which are beyond the control of the older adult or the caretaker, such as inadequate housing, furnishings, income, clothing, or medical care.
“Neglect” under § 10225.103 means the failure to provide for oneself or the failure of a caretaker to provide goods or services essential to avoid a clear and serious threat to physical or mental health. No older adult who does not consent to the provision of protective services shall be found to be neglected solely on the grounds of environmental factors which are beyond the control of the older adult or the caretaker, such as inadequate housing, furnishings, income, clothing, or medical care.
“Exploitation” under § 10225.103 means an act or course of conduct by a caretaker or other person against an older adult or an older adult’s resources, without the informed consent of the older adult or with consent obtained through misrepresentation, coercion, or threats of force, that results in monetary, personal or other benefit, gain or profit for the perpetrator or monetary or personal loss to the older adult.
“Older adult” under § 10225.103 means a person within the jurisdiction of the Commonwealth who is 60 years of age or older. “Older adult in need of protective services” means an incapacitated older adult who is unable to perform or obtain services that are necessary to maintain physical or mental health, for whom there is no responsible caretaker and who is at imminent risk of danger to his person or property.
“Caretaker” under § 10225.103 means an individual or institution that has assumed the responsibility for the provision of care needed to maintain the physical or mental health of an older adult. This responsibility may arise voluntarily, by contract, by receipt of payment for care, as a result of family relationship, or by order of a court of competent jurisdiction. It is not the intent of this act to impose responsibility on any individual if such responsibility would not otherwise exist in law.
RHODE ISLAND: R.I. Gen. Laws §§ 23-17.8-1, 42-66-4.1 (2001)
“Abuse” under § 42-66-4.1 means the subjection of an elderly person to the willful infliction of physical pain, or willful deprivation of services by a