As used in this article, the following terms shall have the
meanings indicated:
ABUSE
Physical abuse, emotional abuse, sexual abuse, treatment
without consent, unreasonable confinement or restraint, financial
exploitation, or deprivation of a basic need for food, shelter, clothing
or personal or health care, including deprivation resulting from the
failure to provide or arrange for a basic need by a person who has
assumed responsibility for meeting the need voluntarily or by contract,
agreement or court order.
ADULT AT RISK
Any person age 18 or older who has a physical or mental condition
that substantially impairs his or her ability to care for his or her
needs and who has experienced, is currently experiencing, or is at
risk of experiencing abuse, neglect, self-neglect, or financial exploitation.
ELDER ADULT AT RISK
Any person age 55 or older who has experienced, is currently
experiencing, or is at risk of experiencing abuse, neglect, self-neglect,
or financial exploitation.
EMOTIONAL ABUSE
Language or behavior that serves no legitimate purpose and
is intended to be intimidating, humiliating, threatening, frightening,
or otherwise harassing and that does or reasonably could intimidate,
humiliate, threaten, frighten, or otherwise harass the individual
to whom the conduct or language is directed.
FINANCIAL EXPLOITATION
Any of the following:
A.
Obtaining an individual's money or property by deceiving or
enticing the individual or by forcing, compelling, or coercing the
individual to give, sell at less than fair market value, or in other
ways convey money or property against his or her will without his
or her informed consent.
B.
Theft as defined by the Menominee Tribal Judiciary and Law and
Order Code adopting 25 CFR 11.42, Theft.
C.
Unauthorized use of an individual's personal identifying information
or documents.
D.
Forgery as defined by Chapter
290, Article
XVIII, Theft, Embezzlement, Fraud and Forgery, of this Code.
INFIRMITIES OF AGING
Organic brain damage caused by advanced age or other physical
degeneration in connection therewith to the extent that the person
so afflicted is substantially impaired in his ability to adequately
provide for his own care or custody.
INTENTIONALLY
An act or failure to act that does result in subjecting an
individual at risk to abuse, or an act or failure to act that could
have been reasonably expected to subject an individual at risk to
abuse.
MENTAL ILLNESS
Mental disease to the extent that an afflicted person requires
care, treatment or custody for his or her own welfare or the welfare
of others or of the community.
NEGLIGENTLY
The failure to exercise the standard of care that a reasonably
prudent person would have exercised in a similar situation to protect
others against an unreasonable risk of harm.
OTHER LIKE INCAPACITIES
Those conditions incurred at any age which are the result
of accident, organic brain damage, mental or physical disability or
continued consumption or absorption of substances, producing a condition
which substantially impairs an individual from adequately providing
for his own care or custody.
RECKLESSLY
Conduct that creates a situation of unreasonable risk of
harm and demonstrates a conscious disregard for the safety of an individual
at risk.
TREATMENT WITHOUT CONSENT
Any medical care that is given, or not given, to an individual
at risk patient, without the permission of the individual at risk
patient, if the individual at risk patient is able to make a decision
regarding his/her own medical care. "Treatment without consent" does
not include situations where medical treatment decisions are made
on behalf of an individual at risk by a legal guardian, person appointed
in a living will, or a person appointed power of attorney for health
care who is acting within the scope of his/her duties.
It shall be a crime under Menominee tribal law for any person
to do any of the following:
A. Intentionally subject an individual at risk to abuse.
B. Recklessly subject an individual at risk to abuse.
C. Negligently subject an individual at risk to abuse.