Section 22-46-15 – Third party property interest acquired for value and in good faith unaffected by severance of perpetrator’s property interest.
22-46-15. Third party property interest acquired for value and in good faith unaffected by severance of perpetrator’s property interest. A severance pursuant to subdivision 22-46-14(2) does not affect any third party interest in property that was acquired for value and in good faith reliance on apparent title by survivorship in the perpetrator unless a writing […]
Section 22-46-1 – Definition of terms.
22-46-1. Definition of terms. Terms used in this chapter mean: (1)”Adult with a disability,” a person eighteen years of age or older who has a condition of intellectual disability, infirmities of aging as manifested by organic brain damage, advanced age, or other physical dysfunctioning to the extent that the person is unable to protect himself […]
Section 22-46-1.1 – Neglect–Exclusions from definition.
22-46-1.1. Neglect–Exclusions from definition. For the purposes of this chapter, the term, neglect, does not include a decision that is made to not seek medical care for an elder or disabled adult upon the expressed desire of the elder or disabled adult; a decision to not seek medical care for an elder or disabled adult […]
Section 22-46-2 – Abuse or neglect of elder or adult with a disability–Felony or misdemeanor.
22-46-2. Abuse or neglect of elder or adult with a disability–Felony or misdemeanor. Any person who physically abuses or neglects an elder or adult with a disability in a manner which does not constitute aggravated assault is guilty of a Class 6 felony. Any person who emotionally or psychologically abuses an elder or adult with […]
Section 22-46-3 – Theft by exploitation–Penalty.
22-46-3. Theft by exploitation–Penalty. Any person who, having assumed the duty voluntarily, by written contract, by receipt of payment for care, or by order of a court to provide for the support of an elder or an adult with a disability, and having been entrusted with the property of that elder or adult with a […]
Section 22-46-5 – Investigation of report of abuse, neglect or exploitation.
22-46-5. Investigation of report of abuse, neglect or exploitation. The person or agency that receives, pursuant to §22-46-7, a report of abuse, neglect, or exploitation of an elder or adult with a disability shall also forward the report to the Office of the Attorney General, if the person or agency determines that reasonable suspicion exists […]
Section 22-46-7 – Report of abuse, neglect, or exploitation.
22-46-7. Report of abuse, neglect, or exploitation. A report of abuse, neglect, or exploitation under this chapter may be made orally or in writing to the state’s attorney of the county in which the elder or disabled adult resides or is present, to the Department of Human Services, or to the law enforcement officer. The […]