U.S Code last checked for updates: May 18, 2024
§ 1397j.
In this division:
Adult protective services
The term “adult protective services” means such services provided to adults as the Secretary may specify and includes services such as—
receiving reports of adult abuse, neglect, or exploitation;
investigating the reports described in subparagraph (A);
case planning, monitoring, evaluation, and other case work and services; and
providing, arranging for, or facilitating the provision of medical, social service, economic, legal, housing, law enforcement, or other protective, emergency, or support services.
Direct care
Elder justice
The term “elder justice” means—
from a societal perspective, efforts to—
prevent, detect, treat, intervene in, and prosecute elder abuse, neglect, and exploitation; and
protect elders with diminished capacity while maximizing their autonomy; and
from an individual perspective, the recognition of an elder’s rights, including the right to be free of abuse, neglect, and exploitation.
Eligible entity
The term “fiduciary”—
means a person or entity with the legal responsibility—
to make decisions on behalf of and for the benefit of another person; and
to act in good faith and with fairness; and
includes a trustee, a guardian, a conservator, an executor, an agent under a financial power of attorney or health care power of attorney, or a representative payee.
The term “guardianship” means—
the process by which a State court determines that an adult individual lacks capacity to make decisions about self-care or property, and appoints another individual or entity known as a guardian, as a conservator, or by a similar term, as a surrogate decisionmaker;
the manner in which the court-appointed surrogate decisionmaker carries out duties to the individual and the court; or
the manner in which the court exercises oversight of the surrogate decisionmaker.
Indian tribe
In general
Inclusion of Pueblo and Rancheria
Law enforcement
The term “law enforcement” means the full range of potential responders to elder abuse, neglect, and exploitation including—
police, sheriffs, detectives, public safety officers, and corrections personnel;
medical examiners;
investigators; and
Long-term care
In general
Loss of capacity for self-care
Long-term care facility
The term “neglect” means—
the failure of a caregiver or fiduciary to provide the goods or services that are necessary to maintain the health or safety of an elder; or
Nursing facility
In general
Inclusion of skilled nursing facility
The term “self-neglect” means an adult’s inability, due to physical or mental impairment or diminished capacity, to perform essential self-care tasks including—
obtaining essential food, clothing, shelter, and medical care;
obtaining goods and services necessary to maintain physical health, mental health, or general safety; or
managing one’s own financial affairs.
Serious bodily injury
In general
The term “serious bodily injury” means an injury—
involving extreme physical pain;
involving substantial risk of death;
involving protracted loss or impairment of the function of a bodily member, organ, or mental faculty; or
requiring medical intervention such as surgery, hospitalization, or physical rehabilitation.
Criminal sexual abuse
State legal assistance developer
State Long-Term Care Ombudsman
(Aug. 14, 1935, ch. 531, title XX, § 2011, as added Pub. L. 111–148, title VI, § 6703(a)(1)(C), Mar. 23, 2010, 124 Stat. 782.)
cite as: 42 USC 1397j