| |
mentally retarded adults with mental retardation, the Commissioner | | of Behavioral and Developmental Services or a designated | | representative in the geographical area in which the person resides | | or is present. |
|
| | | 5. Department. "Department" means either the Department of | Human Services or, in the case of mentally retarded adults with | | mental retardation, the Department of Behavioral and | | Developmental Services. |
|
| | | 6. Dependent adult. "Dependent adult" means any adult who is | wholly or partially dependent upon one or more other persons for | care or support, either emotional or physical, and who would be | in danger if that care or support were withdrawn. |
|
| | | 7. Emergency. "Emergency" refers to a situation where in | | which: |
|
| | A. The incapacitated adult or dependent vulnerable adult is | | in immediate risk of serious harm; |
|
| | B. The incapacitated adult or dependent vulnerable adult is | unable to consent to services which that will diminish or | | eliminate the risk; and |
|
| | C. There is no guardian person legally authorized to | | consent to emergency services. |
|
| | | 8. Emergency services. "Emergency services" refer refers to | | those services necessary to avoid serious harm. |
|
| | | 9. Exploitation. "Exploitation" means the illegal or | improper use of an incapacitated adult or dependent a vulnerable | adult or his that adult's resources for another's profit or | | advantage. |
|
| | | 10. Incapacitated adult. "Incapacitated adult" means any | adult person who is impaired by reason of mental illness, mental | | deficiency, physical illness or disability, chronic use of drugs, | | chronic intoxication or other cause except minority to the extent | that that individual person lacks sufficient understanding or | | capacity to make or communicate responsible decisions concerning | that individual's person's person, or to the extent the adult | person cannot can not effectively manage or apply that | individual's person's estate to necessary ends. |
|
| | | 11. Neglect. "Neglect" means a threat to an adult's health | | or welfare by physical or mental injury or impairment, | | deprivation of essential needs or lack of protection from these. | | "Neglect" includes self-neglect. |
|
|