Arizona Laws 46-471. Definitions
In this article, unless the context otherwise requires:
Terms Used In Arizona Laws 46-471
- Adult: means a person who has attained eighteen years of age. See Arizona Laws 1-215
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Eligible adult: means either of the following:
(a) A person who is sixty-five years of age or older. See Arizona Laws 46-471
- including: means not limited to and is not a term of exclusion. See Arizona Laws 1-215
- Investment adviser: means a person who is licensed or exempt from licensure as an investment advisor pursuant to Title 44, Chapter 13. See Arizona Laws 46-471
- Person: includes a corporation, company, partnership, firm, association or society, as well as a natural person. See Arizona Laws 1-215
- 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 Arizona Laws 1-215
- Vulnerable adult: means an individual who is eighteen years of age or older and who is unable to protect himself from abuse, neglect or exploitation by others because of a physical or mental impairment. See Arizona Laws 46-451
1. "Broker-dealer" has the same meaning as dealer prescribed in section 44-1801.
2. "Eligible adult" means either of the following:
(a) A person who is sixty-five years of age or older.
(b) A person who is a vulnerable adult.
3. "Financial exploitation" means either of the following:
(a) The wrongful or unauthorized taking, withholding, appropriating or use of money, assets or property of an eligible adult.
(b) Any act or omission taken by a person, including through the use of a power of attorney, guardianship or conservatorship of an eligible adult, to either:
(i) Obtain control through deception, intimidation or undue influence over the eligible adult’s money, assets or property to deprive the eligible adult of the ownership, use, benefit or possession of the eligible adult’s money, assets or property.
(ii) Convert money, assets or property of the eligible adult to deprive the eligible adult of the ownership, use, benefit or possession of the eligible adult’s money, assets or property.
4. "Investment adviser" means a person who is licensed or exempt from licensure as an investment advisor pursuant to Title 44, Chapter 13.
5. "Investment adviser representative" means a person who is licensed or exempt from licensure as an investment advisor representative pursuant to Title 44, Chapter 13.
6. "Qualified individual" means a broker-dealer, investment adviser or person who serves in a supervisory, compliance, legal or senior investor protection capacity for a broker-dealer or investment adviser.