Mass. Gen. Laws ch. 19A, sec. 14 — MA Code / Part I / Title II / Chapter 19A / Section 14
Definitions applicable to Secs. 14 to 26
Status: in_force

Section 14. For the purposes of sections fourteen to twenty-six, inclusive, the following words and terms shall, unless the context otherwise requires, have the following meaning: ''Abuse'', an Act or omission which results in serious physical or emotional injury to an older adult or financial exploitation of an older adult; or the failure, inability or resistance of an older adult to provide for the older adult one or more of the necessities essential for physical and emotional well-being without which the older adult would be unable to safely remain in the community; provided, however, that no person shall be considered to be abused or neglected for the sole reason that such person is being furnished or relies upon treatment in accordance with the tenets and teachings of a church or religious denomination by a duly accredited practitioner thereof. ''Caretaker'', the person responsible for the care of an older adult, which responsibility may arise as the result of a family relationship, or by a voluntary or contractual duty undertaken on behalf of an older adult, or may arise by a fiduciary duty imposed by law. ''Conservator'', a person who is appointed to manage the estate of a person pursuant to chapter two hundred and one. ''Court'', the probate and family court. ''Department'', the department of aging and independence. ''Older adult'', an individual who is sixty years of age or over. ''Emergency'', a situation in which an older adult is living in conditions which present a substantial risk of death or immediate and serious physical or mental harm. ''Financial exploitation'', an act or omission by another person, which causes a substantial monetary or property loss to an older adult, or causes a substantial monetary or property gain to the other person, which gain would otherwise benefit the older adult but for the act or omission of such other person; provided, however, that such an act or omission shall not be construed as financial exploitation if the older adult has knowingly consented to such act or omission unless such consent is a consequence of misrepresentation, undue influence, coercion or threat of force by such other person; and, provided further, that financial exploitation shall not be construed to interfere with or prohibit a bona fide gift by an older adult or to apply to any act or practice in the conduct of any trade or commerce declared unlawful by section two of chapter ninety-three A. ''Guardian'', a person who has qualified as a guardian of an older adult pursuant to chapter two hundred and one, but shall not include a guardian ad litem . ''Protected person'', an older adult for whom a conservator or guardian has been appointed or other protective order has been made. ''Protective services'', services which are necessary to prevent, eliminate or remedy the effects of abuse to an older adult. ''Protective services agency'', a public or nonprofit private agency, corporation, board, or organization designated by the department pursuant to this chapter to furnish protective services to older adults.

Section 14. For the purposes of sections fourteen to twenty-six, inclusive, the following words and terms shall, unless the context otherwise requires, have the following meaning:

''Abuse'', an Act or omission which results in serious physical or emotional injury to an older adult or financial exploitation of an older adult; or the failure, inability or resistance of an older adult to provide for the older adult one or more of the necessities essential for physical and emotional well-being without which the older adult would be unable to safely remain in the community; provided, however, that no person shall be considered to be abused or neglected for the sole reason that such person is being furnished or relies upon treatment in accordance with the tenets and teachings of a church or religious denomination by a duly accredited practitioner thereof.

''Caretaker'', the person responsible for the care of an older adult, which responsibility may arise as the result of a family relationship, or by a voluntary or contractual duty undertaken on behalf of an older adult, or may arise by a fiduciary duty imposed by law.

''Conservator'', a person who is appointed to manage the estate of a person pursuant to chapter two hundred and one.

''Court'', the probate and family court.

''Department'', the department of aging and independence.

''Older adult'', an individual who is sixty years of age or over.

''Emergency'', a situation in which an older adult is living in conditions which present a substantial risk of death or immediate and serious physical or mental harm.

''Financial exploitation'', an act or omission by another person, which causes a substantial monetary or property loss to an older adult, or causes a substantial monetary or property gain to the other person, which gain would otherwise benefit the older adult but for the act or omission of such other person; provided, however, that such an act or omission shall not be construed as financial exploitation if the older adult has knowingly consented to such act or omission unless such consent is a consequence of misrepresentation, undue influence, coercion or threat of force by such other person; and, provided further, that financial exploitation shall not be construed to interfere with or prohibit a bona fide gift by an older adult or to apply to any act or practice in the conduct of any trade or commerce declared unlawful by section two of chapter ninety-three A.

''Guardian'', a person who has qualified as a guardian of an older adult pursuant to chapter two hundred and one, but shall not include a guardian ad litem .

''Protected person'', an older adult for whom a conservator or guardian has been appointed or other protective order has been made.

''Protective services'', services which are necessary to prevent, eliminate or remedy the effects of abuse to an older adult.

''Protective services agency'', a public or nonprofit private agency, corporation, board, or organization designated by the department pursuant to this chapter to furnish protective services to older adults.