Terms Used In Delaware Code > Title 16 > Chapter 51 > Subchapter VII - Community Mental Health Treatment Act

• Account: means an individual account, a trust account, or a savings account established in accordance with the provisions of this chapter. See Delaware Code Title 16 Sec. 9602A
• Account owner: means the designated beneficiary. See Delaware Code Title 16 Sec. 9602A
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Board: shall mean the Plans Management Board pursuant to § 2722 of Title 29. See Delaware Code Title 16 Sec. 9602A
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Contract: A legal written agreement that becomes binding when signed.
• Department: means the Department of Health and Social Services except that Department means the Department of Services for Children, Youth and Their Families in the context of a treatment facility serving minors. See Delaware Code Title 16 Sec. 5181
• Designated beneficiary: means the individual for whom the account was established or who has succeeded the former designated beneficiary in that capacity. See Delaware Code Title 16 Sec. 9602A
• Eligible individual: means a resident of any state who is:

  a. See Delaware Code Title 16 Sec. 9602A

• Entitlement: A Federal program or provision of law that requires payments to any person or unit of government that meets the eligibility criteria established by law. Entitlements constitute a binding obligation on the part of the Federal Government, and eligible recipients have legal recourse if the obligation is not fulfilled. Social Security and veterans' compensation and pensions are examples of entitlement programs.
• Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Mental condition: means a mental disorder as defined in the most recent edition of the American Psychiatric Association's "Diagnostic and Statistical Manual of Mental Disorders. See Delaware Code Title 16 Sec. 5181
• Mental health provider: means any professional who provides assessment, care, treatment, counseling, medication, case management, or therapeutic services to an individual with a mental condition, including but not limited to psychiatrists, psychologists, psychiatric nurses and social workers. See Delaware Code Title 16 Sec. 5181
• Patient: means any individual receiving involuntary or voluntary care, supportive lodging, treatment or other mental health provider services from a facility. See Delaware Code Title 16 Sec. 5181
• Patient representative: means an individual or entity authorized to act on the patient's behalf by operation of law or express appointment by the patient. See Delaware Code Title 16 Sec. 5181
• 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}
• Program: means the Delaware Achieving a Better Life Experience Program established by this chapter. See Delaware Code Title 16 Sec. 9602A
• Protection and advocacy agency: means the Community Legal Aid Society, Inc. See Delaware Code Title 16 Sec. 5181
• Qualified disability expenses: means any expenses incurred at a time when the designated beneficiary is an eligible individual that relate to the blindness or disability of the designated beneficiary, including expenses that are for the benefit of the designated beneficiary in maintaining or improving health, independence, or quality of life; provided, however, that any expenses incurred at a time when a designated beneficiary is neither disabled nor blind are not qualified disability expenses, even if the designated beneficiary is an eligible individual for that entire taxable year. See Delaware Code Title 16 Sec. 9602A
• Secretary: means the Secretary of the Department of Health and Social Services or such persons as may be designated by the Secretary. See Delaware Code Title 16 Sec. 101
• State: means the State of Delaware; and when applied to different parts of the United States, it includes the District of Columbia and the several territories and possessions of the United States. See Delaware Code Title 1 Sec. 302
• treatment facility: means an entity, other than a licensed hospital, that provides care, supportive lodging or treatment to individuals with a mental condition. See Delaware Code Title 16 Sec. 5181
• Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. ^{Source: OCC}
• United States: includes its territories and possessions and the District of Columbia. See Delaware Code Title 1 Sec. 302
• Year: means a calendar year, and is equivalent to the words "year of our Lord. See Delaware Code Title 1 Sec. 302