Page:United States Statutes at Large Volume 124.djvu/809

 124 STAT. 783 PUBLIC LAW 111–148—MAR. 23, 2010 ‘‘(2) ADULT PROTECTIVE SERVICES.—The term ‘adult protec- tive services’ means such services provided to adults as the Secretary may specify and includes services such as— ‘‘(A) receiving reports of adult abuse, neglect, or exploi- tation; ‘‘(B) investigating the reports described in subpara- graph (A); ‘‘(C) case planning, monitoring, evaluation, and other case work and services; and ‘‘(D) providing, arranging for, or facilitating the provi- sion of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services. ‘‘(3) CAREGIVER.—The term ‘caregiver’ means an individual who has the responsibility for the care of an elder, either voluntarily, by contract, by receipt of payment for care, or as a result of the operation of law, and means a family member or other individual who provides (on behalf of such individual or of a public or private agency, organization, or institution) compensated or uncompensated care to an elder who needs supportive services in any setting. ‘‘(4) DIRECT CARE.—The term ‘direct care’ means care by an employee or contractor who provides assistance or long- term care services to a recipient. ‘‘(5) ELDER.—The term ‘elder’ means an individual age 60 or older. ‘‘(6) ELDER JUSTICE.—The term ‘elder justice’ means— ‘‘(A) from a societal perspective, efforts to— ‘‘(i) prevent, detect, treat, intervene in, and pros- ecute elder abuse, neglect, and exploitation; and ‘‘(ii) 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 exploitation. ‘‘(7) ELIGIBLE ENTITY.—The term ‘eligible entity’ means a State or local government agency, Indian tribe or tribal organization, 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, unauthorized, or improper act or process of an individual, including a caregiver or fiduciary, that uses the resources 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 responsi- bility— ‘‘(i) to make decisions on behalf of and for the benefit of another person; and ‘‘(ii) to act in good faith and with fairness; and ‘‘(B) includes a trustee, a guardian, a conservator, an executor, an agent under a financial power of attorney or health care power of attorney, or a representative payee.