Ala. Code § 13A-6-281

Current through the 2024 Regular Session.

Section 13A-6-281 - Definitions

For the purposes of this article, the following terms have the following meanings:

(1) ADULT WITH A DISABILITY. Any of the following:

(i) an individual 18 years of age or older who has physical or mental impairment that substantially limits one or more major life activities; and

(ii) any protected person as defined in Section 38-9-2.

(2) CAREGIVER. An individual who has the responsibility for the care of an adult with a disability as a result of a family relationship or who has assumed the responsibility for the care of the individual voluntarily, for pecuniary gain, by contract, or as a result of the ties of friendship.

(3) FINANCIAL EXPLOITATION. Any of the following:

a. The wrongful or unauthorized taking, appropriating, or use of money, assets, or property of an adult with a disability.

b. Any act or omission taken by a person, including through the use of a power of attorney, guardianship, or conservatorship of an adult with a disability, to:

1. Obtain control through deception, intimidation, or undue influence over the money, assets, or property of an adult with a disability to deprive the adult with a disability of the ownership, use, benefit, or possession of his or her money, assets, or property; or

2. Convert money, assets, or property of the adult with a disability to deprive the adult with a disability of the ownership, use, benefit, or possession of his or her money, assets, or property.

(4) INTIMIDATION. A threat of physical or emotional harm to an adult with a disability, or the communication to an adult with a disability that he or she will be deprived of food and nutrition, shelter, property, prescribed medication, or medical care or treatment.

(5) NEGLECT. The failure of a caregiver to provide food, shelter, clothing, medical services, medication, or health care for an adult with a disability.

(6) PERSON. A human being.

(7) UNDUE INFLUENCE. Domination, coercion, manipulation, or any other act exercised by another person to the extent that an adult with a disability is prevented from exercising free judgment and choice.

Ala. Code § 13A-6-281 (1975)

Added by Act 2024-348,§ 1, eff. 10/1/2024.