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COMMON FORMS
OF ABUSE |
| Many people mistakenly assume that only battered paople are abused. |
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"Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has."
Dr. Margaret Mead |
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| Gary A. Jones |
| When Gary Jones became sick with terminal cancer, his caregiver denied him visitation with his children. |
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Click on a state to begin. The current laws in that state will be displayed below. |
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Utah
In Utah, abuse is defined as follows:
Abuse means attempting to cause harm, intentionally or knowingly causing harm, or intentionally or knowingly placing another in fear of imminent harm. Unreasonable or inappropriate use of physical restraint, medication, or isolation that causes or is likely to cause harm to a vulnerable adult that is in conflict with a physician's orders or used as an unauthorized substitute for treatment, unless that conduct furthers the health and safety of the adult. It also includes any sexual offense as described in Title 76, Chapter 5, Offenses Against the Person. Additionally, abuse includes deprivation of life sustaining treatment, except as provided in Title 75, Chapter 2, Part 11, Personal Choice and Living Will Act; or when informed consent, as defined in Section 76-5-111, has been obtained.
Emotional or psychological abuse means intentional or knowing verbal or nonverbal conduct directed at a vulnerable adult including ridiculing, intimidating, yelling, swearing, threatening, isolating, coercing, harassing, or other forms of intimidating behavior that results or could result in the vulnerable adult suffering mental anguish or emotional distress, including fear, humiliation, degradation, agitation, confusion, or isolation.
Intimidation means communication through verbal or nonverbal conduct which threatens deprivation of money, food, clothing, medicine, shelter, social interaction, supervision, health care, or companionship, or which threatens isolation or abuse.
Isolation means knowingly or intentionally preventing a vulnerable adult from having contact with another person by: (1) Preventing the vulnerable adult from receiving visitors, mail, or telephone calls, contrary to the express wishes of the vulnerable adult, including communicating to a visitor that the vulnerable adult is not present or does not want to meet with or talk to the visitor, knowing that communication to be false; (2) physically restraining the vulnerable adult in order to prevent the vulnerable adult from meeting with a visitor; or (3) making false or misleading statements to the vulnerable adult in order to induce the vulnerable adult to refuse to receive communication from visitors or other family members. The term "isolation" does not include an act intended to protect the physical or mental welfare of the vulnerable adult or an act performed pursuant to the treatment plan or instructions of a physician or other professional advisor of the vulnerable adult.
Neglect means the failure of a caretaker to provide nutrition, clothing, shelter, supervision, personal care, or dental, medical, or other health care. It also means failure to provide protection from health and safety hazards or maltreatment; or failure of a caretaker to provide care to a vulnerable adult in a timely manner and with the degree of care that a reasonable person in a like position would exercise. Additionally, neglect means a pattern of conduct by a caretaker, without the vulnerable adult's informed consent, resulting in deprivation of food, water, medication, health care, shelter, cooling, heating, or other services necessary to maintain the vulnerable adult's well being; knowing or intentional failure by a caretaker to carry out a prescribed treatment plan that causes or is likely to cause harm to the vulnerable adult.
Self-neglect means the failure of a vulnerable adult to provide food, water, medication, health care, shelter, cooling, heating, safety, or other services necessary to maintain the vulnerable adult's well being when that failure is the result of the adult's mental or physical impairment. Choice of lifestyle or living arrangements may not, by themselves, be evidence of self-neglect.
Abandonment means any knowing or intentional action or inaction, including desertion, by a person or entity acting as a caretaker for a vulnerable adult that leaves the vulnerable adult without the means or ability to obtain necessary food, clothing, shelter, or medical or other health care.
Exploitation means unjust or improper use of an elderly person or his/her resources for profit. This offense is described in Subsection 76-5-111(4).
Here are some links for reference on elder abuse in the state of Utah:
http://www.le.state.ut.us/~code/TITLE62A/htm/62A03024.htm
http://www.utahbar.org/.../elder_abuse_laws_in_utah.html
http://www.slcoagingservices.org/html/elder.html
http://tv.ksl.com/index.php?nid=5&sid=205788
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