Statutes | Hoopa Valley Tribal Code ยง 14D.6.01 | 2020

In addition to the definitions in sections 14D.1.08, the following definitions shall apply in this chapter:
"Caretaker":
1. A person who is required by Tribal or State law or Tribal custom to provide services or resources to an elder or vulnerable adult or
2. A person who volunteers to provide services or resources to an elder or vulnerable adult or
3. An institution or agency and its employees who are required by Tribal, State, or Federal law, Tribal custom or through any other agreement to provide services or resources to an elder or vulnerable adult.

"Elder": A family member who has reached the age of fifty-five (55) years or a person of such age or condition that requires care in order to meet their daily needs of food, shelter, clothing, maintenance, emotional support, medical, or any other care on behalf of the elder.

"Elder Abuse": means either of the following:
(a) Physical abuse, neglect, financial abuse, abandonment, isolation, abduction, or other treatment with resulting physical harm or pain or mental suffering.
(b) The deprivation by a care custodian of goods or services that are necessary to avoid physical harm or mental suffering. This includes situations where an individual deprives an elder of medication legally prescribed to the elder.

"Dependant Adult" means any person between the ages of 18 and 54 years who resides in this state and who has physical or mental limitations that restrict his or her ability to carry out normal activities or to protect his or her rights, including, but not limited to, persons who have physical or developmental disabilities, or whose physical or mental abilities have diminished because of age.

"Financial abuse" of an elder or dependent adult occurs when a person or entity does any of the following:
(l) Takes, secretes, appropriates, or retains real or personal property of an elder or dependent adult to a wrongful use or with intent to defraud, or both.
(2) Assists in taking, secreting, appropriating, or retaining real or personal property of an elder or dependent adult to a wrongful use or with intent to defraud, or both.
(b) A person or entity shall be deemed to have taken, secreted, appropriated, or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates or retains possession of property in bad faith.
(1) A person or entity shall be deemed to have acted in bad faith if the person or entity knew or should have known that the elder or dependent adult had the right to have the property transferred or made readily available to the elder or dependent adult or to his or her representative.
(2) For purposes of this section, a person or entity should have known of a right specified in paragraph (1) if, on the basis of the information received by the person or entity or the person or entitys authorized third party, or both, it is obvious to a
reasonable person that the elder or dependent adult has a right specified in paragraph (1).
(c) For purposes of this section, "representative" means a person or entity that is either of the following:
(1) A conservator, trustee, or other representative of the estate of an elder or dependent adult.
(2) An attorney-in-fact of an elder or dependent adult who acts within the authority of the power of attorney.

"Neglect": means either of the following:
(1) The negligent failure of any person having the care or custody of an elder or a dependent adult to exercise that degree of care that a reasonable person in a like position would exercise.
(2) The negligent failure of an elder or dependent adult to exercise that degree of self care that a reasonable person in a like position would exercise.
(b) Neglect includes, but is not limited to, all of the following:
(1) Faiiure to assist in personal hygiene, or in the provision of food, clothing, or shelter.
(2) Failure to provide medical care for physical and mental health needs. No person shall be deemed neglected or abused for the sole reason that he or she voluntarily relies on treatment by spiritual means through prayer alone in lieu of medical treatment.
(3) Failure to protect from health and safety hazards.
(4) Failure to prevent malnutrition or dehydration.
(5) Failure of an elder or dependent adult to satisfy the needs specified in paragraphs (1) to (4), inclusive, for himself or herself as a result of poor cognitive functioning, mental limitation, substance abuse, or chronic poor health.

"Necessary Services": means all services that an elder or dependant adult must receive by in order to assure that persons mental or physical health.