to protect elders with diminished capacity while 
maximizing their autonomy; and 
‘‘(B) from an individual perspective, the 
recognition of an elder’s rights, including the 
right to be free of abuse, neglect, and exploi-
tation. 
‘‘(7) ELIGIBLE ENTITY.—The term ‘eligible en-
tity’ means a State or local government agency, In-
dian tribe, or any other public or private entity that 
is engaged in and has expertise in issues relating to 
elder justice or in a field necessary to promote elder 
justice efforts. 
‘‘(8) EXPLOITATION.—The term ‘exploitation’ 
means the fraudulent or otherwise illegal, unauthor-
ized, or improper act or process of an individual, in-
cluding a caregiver or fiduciary, that uses the re-
sources of an elder for monetary or personal benefit, 
profit, or gain, or that results in depriving an elder 
of rightful access to, or use of, benefits, resources, 
belongings, or assets. 
‘‘(9) FIDUCIARY.—The term ‘fiduciary’— 
‘‘(A) means a person or entity with the 
legal responsibility— 
‘‘(i) to make decisions on behalf of 
and for the benefit of another person; and 
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‘‘(ii) to act in good faith and with 
fairness; and 
‘‘(B) includes a trustee, a guardian, a con-
servator, an executor, an agent under a finan-
cial power of attorney or health care power of 
attorney, or a representative payee. 
‘‘(10) GRANT.—The term ‘grant’ includes a 
contract, cooperative agreement, or other mechanism 
for providing financial assistance. 
‘‘(11) 
GRANTING
AUTHORITY.—The 
term 
‘granting authority’ means the Secretary, the Attor-
ney General, or the Secretary and the Attorney Gen-
eral jointly, as appropriate. 
‘‘(12) GUARDIANSHIP.—The term ‘guardian-
ship’ means— 
‘‘(A) the process by which a State court 
determines that an adult individual lacks capac-
ity to make decisions about self-care and prop-
erty, and appoints another individual or entity 
known as a guardian, as a conservator, or by a 
similar term, as surrogate decision maker; 
‘‘(B) the manner in which the court-ap-
pointed surrogate carries out duties to the indi-
vidual and the court; or 
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‘‘(C) the manner in which the court exer-
cises oversight of the surrogate. 
‘‘(13) INDIAN.—The term ‘Indian’ means a per-
son who is a member of an Indian tribe. 
‘‘(14) INDIAN TRIBE.—The term ‘Indian tribe’ 
means any Indian tribe, band, nation, or other orga-
nized group or community, including any Alaska Na-
tive village or regional corporation as defined in or 
established pursuant to the Alaska Native Claims 
Settlement Act (43 U.S.C. 1601 et seq.), that is rec-
ognized as eligible for the special programs and serv-
ices provided by the United States to Indians be-
cause of their status as Indians. 
‘‘(15) KNOWINGLY.—The term ‘knowingly’ has 
the meaning given such term in section 3729(b) of 
title 31, United States Code. 
‘‘(16) LAW ENFORCEMENT.—The term ‘law en-
forcement’ means the full range of potential re-
sponders to elder abuse, neglect, and exploitation in-
cluding— 
‘‘(A) police, sheriffs, detectives, public safe-
ty officers, and corrections personnel; 
‘‘(B) prosecutors; 
‘‘(C) medical examiners; 
‘‘(D) investigators; and 
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‘‘(E) coroners. 
‘‘(17) LONG-TERM CARE.— 
‘‘(A) IN GENERAL.—The term ‘long-term 
care’ means supportive and health services spec-
ified by the Secretary for individuals who need 
assistance because the individuals have a loss of 
capacity for self-care due to illness, disability, 
or vulnerability. 
‘‘(B) LOSS
OF
CAPACITY
FOR
SELF- 
CARE.—For purposes of subparagraph (A), the 
term ‘loss of capacity for self-care’ means an in-
ability to engage in activities of daily living, in-
cluding eating, dressing, bathing, and manage-
ment of one’s financial affairs. 
‘‘(18) LONG-TERM CARE FACILITY.—The term 
‘long-term care facility’ means a residential care pro-
vider that arranges for, or directly provides, long- 
term care. 
‘‘(19) NEGLECT.—The term ‘neglect’ means— 
‘‘(A) the failure of a caregiver or fiduciary 
to provide the goods or services that are nec-
essary to maintain the health or safety of an 
elder; or 
‘‘(B) self-neglect. 
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‘‘(20) NURSING FACILITY.—The term ‘nursing 
facility’ has the meaning given such term under sec-
tion 1919(a). 
‘‘(21) SELF-NEGLECT.—The term ‘self-neglect’ 
means an adult’s inability, due to physical or mental 
impairment or diminished capacity, to perform es-
sential self-care tasks including— 
‘‘(A) obtaining essential food, clothing, 
shelter, and medical care; 
‘‘(B) obtaining goods and services nec-
essary to maintain physical health, mental 
health, or general safety; or 
‘‘(C) managing one’s own financial affairs. 
‘‘(22) SERIOUS BODILY INJURY.— 
‘‘(A) IN
GENERAL.—The term ‘serious 
bodily injury’ means an injury— 
‘‘(i) involving extreme physical pain; 
‘‘(ii) involving substantial risk of 
death; 
‘‘(iii) involving protracted loss or im-
pairment of the function of a bodily mem-
ber, organ, or mental faculty; or 
‘‘(iv) requiring medical intervention 
such as surgery, hospitalization, or phys-
ical rehabilitation. 
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