Section 3902 - DefinitionsAs used in this chapter:
(1) "Abuse" means any of the following:a. Physical abuse by unnecessarily inflicting pain or injury on an adult who is impaired or an adult who is incapacitated.b. A pattern of emotional abuse of an adult who is impaired or an adult who is incapacitated, including ridiculing or demeaning the adult, making derogatory remarks to adult, or cursing or threatening to inflict physical or emotional harm on the adult.c. Sexual abuse of an adult who is impaired or an adult who is incapacitated.(2) "Adult Protective Services" means the adult protective services unit under the Division of Services for Aging and Adults with Physical Disabilities.(3) "Adult who is impaired" means an individual 18 years or older who, because of physical or mental disability, is substantially impaired in the ability to provide adequately for the individual's own care and custody.(4) "Alleged victim" means an adult who is impaired, an adult who is incapacitated, an elderly person, or a vulnerable adult, and may have been subject to abuse, neglect, self-neglect, or exploitation, based on a report to Adult Protective Services.(5) "Caregiver" means an adult who has assumed the permanent or temporary care, custody, or responsibility for the supervision of an adult who is impaired or an adult who is incapacitated.(6) "Court" means the Court of Chancery.(7) "Department" means the Department of Health and Social Services.(8) "Elderly person" means as defined in § 222 of Title 11.(9) "Emergency" means that an individual is living in conditions which present a substantial risk of serious harm and includes problems which cannot be managed by an adult who is impaired or an adult who is incapacitated, such as insufficient food supply, inadequate shelter, threatened or actual abuse, or utility shut-off. Emergency does not mean psychiatric emergency under Chapter 50 of Title 16.(10) "Emergency services" means protective services furnished to an individual in an emergency.(11) "Essential services" means the physical, medical, social, psychiatric, or legal services necessary to safeguard physical body, rights, or resources of an adult who is impaired or an adult who is incapacitated and to maintain the adult's physical or mental well-being. "Essential services" includes adequate food and clothing, heated and sanitary shelter, medical care for physical and mental health needs, assistance in personal hygiene, protection from health and safety hazards, or protection from physical or mental injury or exploitation.(12) "Exploitation" means at least 1 of the following: a. An act of forcing, compelling, or exerting undue influence over a vulnerable adult causing the vulnerable adult to act in a way that is inconsistent with relevant past behavior.b. Causing a vulnerable adult to perform services for the benefit of another.(13) "Financial exploitation" means the illegal or improper use, control over, or withholding of the property, income, resources, or trust funds of an elderly person or a vulnerable adult by an individual or entity for an individual's or entity's profit or advantage other than for the elderly person's or the vulnerable adult's profit or advantage. "Financial exploitation" includes any of the following: a. The use of deception, intimidation, or undue influence by an individual or entity in a position of trust and confidence with an elderly person or a vulnerable adult to obtain or use the property, income, resources, or trust funds of the elderly person or the vulnerable adult for the benefit of an individual or entity other than the elderly person or the vulnerable adult.b. The breach of a fiduciary duty, including the misuse of a power of attorney, trust, or a guardianship appointment, that results in the unauthorized appropriation, sale, or transfer of the property, income, resources, or trust funds of the elderly person or the vulnerable adult for the benefit of an individual or entity other than the elderly person or the vulnerable adult.c. Obtaining or using an elderly person's or a vulnerable adult's property, income, resources, or trust funds without lawful authority, by an individual or entity who knows or clearly should know that the elderly person or the vulnerable adult lacks the capacity to consent to the release or use of the property, income, resources, or trust funds.(14) "Financial institution" means any of the following: a. A "depository institution," as defined in § 3(c) of the Federal Deposit Insurance Act (12 U.S.C. § 1813(c)).b. A "federal credit union" or "state credit union," as defined in § 101 of the Federal Credit Union Act (12 U.S.C. § 1752), including an institution-affiliated party of a credit union, as defined in § 206(r) of the Federal Credit Union Act (12 U.S.C. § 1786(r)).c. An "institution-affiliated party," as defined in § 3(u) of the Federal Deposit Insurance Act (12 U.S.C. § 1813(u)). (16) "Independent living arrangement" means a mode of life pursued by an individual capable of providing for the individual's own care or who, while impaired, nevertheless is able to live outside an institution with assistance in obtaining essential services.(17) "Interested person" means any of the following: a. An adult relative or friend of an adult who is impaired or an adult who is incapacitated.b. An official or representative of Adult Protective Services or a public or nonpublic private agency that provides protective services.c. A corporation, board, organization, or individual that the Court designates to act in the interest of the adult who is impaired.(18) "Mistreatment" means the failure to provide appropriate physical or emotional care to an adult who is impaired or an adult who is incapacitated, including the inappropriate use of medications, isolation, or physical or chemical restraints on or of an adult who is impaired or an adult who is incapacitated.(19) "Neglect" means any of the following: a. A caregiver's lack of attention to physical needs of an adult who is impaired or an adult who is incapacitated, including toileting, bathing, meals, and safety.b. A caregiver's failure to carry out a treatment plan prescribed by a health-care professional for an adult who is impaired or an adult who is incapacitated.c. A caregiver's intentional and permanent abandonment or desertion of an adult who is impaired or an adult or is incapacitated because the caregiver does not make reasonable efforts to ensure that essential services are provided for the adult.(20) " Adult who is incapacitated" includes an individual for whom a guardian of the individual's physical body or property, or both, is appointed under § 3901 of Title 12.(21) "Physical or mental disability" includes a disability, including intellectual and developmental disabilities, brain damage, physical degeneration, deterioration, senility, disease, or substance use disorder.(23) "Protective services" means services that are furnished in an emergency to an alleged victim. "Protective services" includes any of the following: a. Preliminary investigation and evaluation of reports of the alleged victim needing protective services, including a comprehensive social evaluation.b. Medical and psychiatric evaluation, if necessary.c. Social casework for the purpose of planning and providing services that the alleged victim needs.d. Maintenance of the alleged victim in the alleged victim's own home through provision of personal care, attendant, or adult day services.e. Assistance in obtaining out-of-home services such as respite care, emergency housing, or placement in a long-term care facility.f. Referral to or for any of the following: 2. Information on establishing power of attorney or representative payee arrangements, or on guardianship of the alleged victim or the alleged victim's property.3. The Office of the Public Guardian.g. Transportation to and from service providers.h. Other services consistent with this chapter.(24) "Public Guardian" means the Office of the Public Guardian.(25) "Self-neglect" means an adult's inability, due to physical or mental impairment or diminished capacity, to perform essential self-care tasks, including any of the following: a. Obtaining essential food, clothing, shelter, or medical care.b. Obtaining goods or services necessary to maintain physical health, mental health, or general safety.c. Managing one's own financial affairs.(26) "Sexual abuse" means forced or unwanted sexual interaction, either a touching or non-touching act, with an adult who is impaired or an adult who is incapacitated.(27) "Substantially impaired in the ability to provide adequately for the individual's own care and custody" means an adult who is impaired or an adult who is incapacitated, and the adult is unable to perform or obtain for the adult's essential services.(28) "Vulnerable adult" means an adult who meets the criteria under § 1105(c) of Title 11. Amended by Laws 2023, ch. 529,s 4, eff. 11/1/2024.Amended by Laws 2023, ch. 529,s 2, eff. 11/1/2024.Amended by Laws 2017 , ch. 387, s 1, eff. 11/27/2018.Amended by Laws 2017 , ch. 343, s 1, eff. 7/23/2018.Amended by Laws 2015 , ch. 31, s 1, eff. 6/4/2015.Amended by Laws 2013 , ch. 438, s 1, eff. 9/30/2014.63 Del. Laws, c. 384, §1; 66 Del. Laws, c. 49, §1; 68 Del. Laws, c. 42, §1; 70 Del. Laws, c. 186, § 1; 71 Del. Laws, c. 99, §§ 1, 2; 72 Del. Laws, c. 89, §§ 1 - 3; 78 Del. Laws, c. 179, §§ 368 - 374.;