Adult
   
Disabled Adult: A disabled adult is a person 18 years of age or over (or any lawfully emancipated minor), and who is physically or mentally incapacitated, due to mental retardation, cerebral palsy, epilepsy or autism; organic brain damage caused by advanced age or other physical degeneration or due to conditions incurred at any age, which are the result of accident, organic brain damage, mental or physical illness, or continued consumption or absorption of substances. A “physical or mental incapacity” renders a person incapable of performing some specific activity or significantly limits an individual’s ability to perform a specific task. (N.C.G.S. 108A-101 and N.C.G.S. 14-32.3)  To be considered a “disabled adult” under the sexual assault statutes the victim must be “mentally incapacitated” or “physically helpless.” This means that the victim must be mentally or physically unable to resist the rape or sexual offense or incapable of protecting him or herself.  
              
Elder Adult: An elder adult is a person aged sixty or over who is unable to obtain the social, medical, psychiatric, financial or legal services necessary (1) to safeguard his or her rights and resources and (2) to maintain his or her physical and mental well-being. (N.C.G.S. 14-32.3)

Domestic Abuse

Domestic Abuse, also called domestic violence,battering or intimate partner violence, is a pattern of coercive behavior designed to exert power and control over a person in an intimate relationship through the use of intimidating, threatening, harmful or harassing behavior. In North Carolina, intimate relationships are limited to:

In North Carolina, domestic violence means the commission of one or more of the following acts upon an aggrieved party or upon a minor child, residing with or in the custody of the aggrieved party, by a person with whom the aggrieved party has or has had a personal relationship, but does not include acts of self-defense:(1)       Attempting to cause bodily injury, or intentionally causing bodily injury; or(2)       Placing the aggrieved party or a member of the aggrieved party's family or household in fear of imminent serious bodily injury or continued harassment, as defined in G.S. 14‑277.3, that rises to such a level as to inflict substantial emotional distress; or(3)       Committing any act defined in N.C.G.S. 14‑27.2 through N.C.G.S. 14‑27.7: (First and Second Degree Rape, First and Second Degree Sex Offense; Attempted Rape or Sexual Offense; Statutory Sex Offense).

Domestic Setting

A domestic setting is an elderly or disabled person’s own home or the home of another, such as a relative or friend, but specifically excludes a health care facility or residential care facility.

Caretaker

A caretaker is an individual who has the responsibility for the care of a disabled adult as a result of family relationship or who has assumed the responsibility for the care of the disabled adult voluntarily or by contract. Caretakers might include individuals who are guardians of the estate or the person of elderly or disabled adults, who have decision making authority under a power of attorney, and spouses, children, other relatives or neighbors or friends who provide free, comprehensive care to an elderly or disabled adult.

Elder Abuse

Elder Abuse occurs when a caretaker willfully, knowingly or maliciously, (i.e., without the victim’s consent); assaults, or fails to provide medical or hygienic care; confines or restrains an elder adult cruelly or unsafely and causes that person to suffer mental or physical injury. Abuse may include slapping, pushing, kicking, burning or physically injuring an elder adult, as well as constantly cursing or yelling at an elderly adult; if that is accompanied by a show or force or threat of physical injury that places the victim in fear of physical harm. Is the failure to provide medical or hygienic care, (such as treatment for mental or physical illness, or medications).  This involves an omission or failure to act motivated by ill will or malice toward the victim. “Restraint” includes any restriction on freedom of movement, such as confinement or threats, or physically tying up a victim with a rope or cord in a chair or locking in a room.

Exploitation

Exploitation occurs when a caretaker knowingly or willfully deprives an elder of their property or money permanently through falsehoods or false representations, through abuse of a trust or fiduciary relationship; or through coercion or threats. Property may include: land, tangible personal property, such as jewelry or automobiles; money, stocks, bonds or other intangible personal property. The falsehood or representations may be made to the adult or to a third-party, such as a bank teller. A person in a position of trust may include a general guardian or a guardian of the person or estate, as well as a person designated under a power of attorney.

Facility

Facility is a setting providing health care, which includes, hospitals, skilled nursing, intermediate care, rehabilitation, kidney disease treatment, home health, ambulatory surgical centers or other health care centers, whether publically or privately owned, or residential care, which includes adult care homes or other residential care related facilities, whether publically or privately owned.

Intentionally

A person acts or fails to act intentionally when it is his purpose to act or fail to act in a certain manner. The person causes a result and that result was the purpose of the act or omission or he is aware that the result is nearly certain to flow from the act or omission.

Knowingly

A person acts or fails to act knowingly when the person is aware of or conscious of what he or she is doing.

Maliciously

A person acts maliciously when an act is done with ill will, hatred, spite or resentment toward the victim.

Mandatory Reporter

A mandatory reporter is anyone who suspects a disabled adult, age 18 or older, who is physically or mentally incapacitated by mental retardation, cerebral palsy, epilepsy, autism, organic brain damage caused by advanced age, or any other physical degeneration connected with these disabilities, is being abused, neglected or exploited and needs protective services. That person must report his suspicions to the county director of social services.

Neglect 

Neglect occurs when a caretaker carelessly or recklessly: fails to provide medical or hygienic care or confines or restrains an elder adult unsafely and causes that person to suffer mental or physical injury.

Protective Services

Protective services are services provided by the State or other government or private organizations or individuals, which are necessary to protect the adult from abuse, neglect, or exploitation. Protective services consist of an evaluation of the need for services and mobilization of essential services on behalf of the adult.

Stalking

Stalking occurs when a person willfully follows or is in the presence of a person more than once without any legal purpose and intends to cause death or injury or emotional distress by placing that person in reasonable fear of death or injury.