§ 22-46-1 Definition of terms
§ 22-46-1.1 Neglect–Exclusions from definition
§ 22-46-2 Abuse or neglect of elder or adult with a disability–Felony or misdemeanor
§ 22-46-3 Theft by exploitation–Penalty
§ 22-46-5 Investigation of report of abuse, neglect or exploitation
§ 22-46-7 Report of abuse, neglect, or exploitation
§ 22-46-8 Immunity from liability for reporting abuse, neglect, or exploitation
§ 22-46-9 Mandatory reporting of abuse, neglect, or exploitation–Violation as misdemeanor
§ 22-46-10 Mandatory reporting of abuse or neglect by staff and by person in charge ofresidential facility or entity providing services to elderly or disabled adult–Violationas misdemeanor
§ 22-46-11 Voluntary reporting of abuse, neglect, or exploitation
§ 22-46-12 Information provided by report of abuse, neglect, or exploitation
§ 22-46-13 Action against perpetrator for exploitation–Compensatory and punitive damages–Attorney’s fees
§ 22-46-14 Additional penalties against perpetrator for exploitation
§ 22-46-15 Third party property interest acquired for value and in good faith unaffected byseverance of perpetrator’s property interest
§ 22-46-16 Effect of revocation of provision of instrument
§ 22-46-17 Additional remedies for violation
§ 22-46-18 Remedies cumulative with other legal and administrative remedies
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Terms Used In South Dakota Codified Laws > Title 22 > Chapter 46 - Abuse, Neglect, or Exploitation of Elders or Adults With Disabilities

  • Contract: A legal written agreement that becomes binding when signed.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Decedent: A deceased person.
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Executor: A male person named in a will to carry out the decedent
  • Fiduciary: A trustee, executor, or administrator.
  • 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.
  • Person: includes natural persons, partnerships, associations, cooperative corporations, limited liability companies, and corporations. See South Dakota Codified Laws 2-14-2
  • 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 property, real and personal. See South Dakota Codified Laws 2-14-2
  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
  • Trustee: A person or institution holding and administering property in trust.
  • Victim advocate: work with prosecutors and assist the victims of a crime.
  • written: include typewriting and typewritten, printing and printed, except in the case of signatures, and where the words are used by way of contrast to typewriting and printing. See South Dakota Codified Laws 2-14-2