(a) This chapter shall be known and may be cited as “Shirley’s Law.”
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Terms Used In Alabama Code 38-9G-1

  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Contract: A legal written agreement that becomes binding when signed.
  • Fiduciary: A trustee, executor, or administrator.
  • following: means next after. See Alabama Code 1-1-1
  • person: includes a corporation as well as a natural person. See Alabama Code 1-1-1
  • Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
  • property: includes both real and personal property. See Alabama Code 1-1-1
(b) For the purposes of this chapter, the following terms have the following meanings:

(1) ABUSE. The same meaning as in Section 38-9-2.
(2) ADULT IN NEED OF PROTECTIVE SERVICES. The same meaning as in Section 38-9-2.
(3) ELDER ABUSE. The same meaning as in Section 38-9F-3.
(4) ELDERLY PERSON. An individual 60 years of age or older.
(5) EMOTIONAL ABUSE. The intentional or reckless infliction of emotional or mental anguish, or the use of a physical or chemical restraint, medication, or isolation as punishment or as a substitute for treatment or care of any elderly person or adult in need of protective services.
(6) EMPLOYEE. An individual who is either:

a. Hired directly or through a contract by a service provider who has duties that involve, or may involve, one-on-one contact with a patient, resident, or client.
b. A volunteer who has duties that involve, or may involve, one-on-one contact with a patient, resident, or client.
(7) EXPLOITATION. The same meaning as in Section 38-9-2.
(8) FINANCIAL EXPLOITATION. Any of the following:

a. The wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of an elderly person or an adult in need of protective services.
b. The use of deception, intimidation, undue influence, force, or threat of force to obtain or exert unauthorized control over an elderly person’s money, assets, or property or the money, assets, or property of an adult in need of protective services with the intent to deprive that individual of his or her money, assets, or property.
c. The breach of a fiduciary duty to an elderly person or an adult in need of protective services under a power of attorney or through a conservatorship or guardianship which results in an unauthorized appropriation, sale, or transfer of the individual’s money, assets, or property.
(9) INTIMIDATION. A threat of physical or emotional harm to an elderly person or an adult in need of protective services, or the communication to an elderly person or adult in need of protective services that he or she will be deprived of food and nutrition, shelter, property, prescribed medication, or medical care or treatment.
(10) NEGLECT. The same meaning as in Section 38-9-2.
(11) SERVICE PROVIDER. Any of the following:

a. Assisted living communities or centers.
b. Specialty care assisted living communities or centers.
c. Home health agencies.
d. Hospice programs or residential hospice facilities.
e. Hospitals.
f. Long-term care facilities.
g. Skilled nursing facilities.
h. Rehabilitation facilities.
i. Group homes, other residential facilities, and community-based services serving adults in need of protective services, as designated by rules adopted by the Department of Human Resources, the Department of Mental Health, and the Alabama Department of Public Health.
j. Foster homes that serve elderly persons or adults in need of protective services.
(12) SEXUAL ABUSE. The same meaning as in Section 38-9-2.
(13) UNDUE INFLUENCE. Domination, coercion, manipulation, or any other act exercised by another individual to the extent that an elderly person or adult in need of protective services is prevented from exercising free judgment and choice.
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