§ 108A-101. Definitions. - North Carolina Statutes

§ 108A‑101. Definitions.

(a)        The word"abuse" means the willful infliction of physical pain, injury ormental anguish, unreasonable confinement, or the willful deprivation by acaretaker of services which are necessary to maintain mental and physical health.

(b)        The word"caretaker" shall mean an individual who has the responsibility forthe care of the disabled adult as a result of family relationship or who hasassumed the responsibility for the care of the disabled adult voluntarily or bycontract.

(c)        The word"director" shall mean the director of the county department of socialservices in the county in which the person resides or is present, or hisrepresentative as authorized in G.S. 108A‑14.

(d)        The words"disabled adult" shall mean any person 18 years of age or over or anylawfully emancipated minor who is present in the State of North Carolina andwho is physically or mentally incapacitated due to mental retardation, cerebralpalsy, epilepsy or autism; organic brain damage caused by advanced age or otherphysical degeneration in connection therewith; or due to conditions incurred atany age which are the result of accident, organic brain damage, mental orphysical illness, or continued consumption or absorption of substances.

(e)        A "disabledadult" shall be "in need of protective services" if that person,due to his physical or mental incapacity, is unable to perform or obtain forhimself essential services and if that person is without able, responsible, andwilling persons to perform or obtain for his essential services.

(f)         The words"district court" shall mean the judge of that court.

(g)        The word"emergency" refers to a situation where (i) the disabled adult is insubstantial danger of death or irreparable harm if protective services are notprovided immediately, (ii) the disabled adult is unable to consent to services,(iii) no responsible, able, or willing caretaker is available to consent toemergency services, and (iv) there is insufficient time to utilize procedureprovided in G.S. 108A‑105.

(h)        The words"emergency services" refer to those services necessary to maintainthe person's vital functions and without which there is reasonable belief thatthe person would suffer irreparable harm or death. This may include takingphysical custody of the disabled person.

(i)         The words"essential services" shall refer to those social, medical,psychiatric, psychological or legal services necessary to safeguard thedisabled adult's rights and resources and to maintain the physical or mentalwell‑being of the individual. These services shall include, but not belimited to, the provision of medical care for physical and mental health needs,assistance in personal hygiene, food, clothing, adequately heated andventilated shelter, protection from health and safety hazards, protection fromphysical mistreatment, and protection from exploitation. The words"essential services" shall not include taking the person intophysical custody without his consent except as provided for in G.S. 108A‑106and in Chapter 122C of the General Statutes.

(j)         The word"exploitation" means the illegal or improper use of a disabled adultor his resources for another's profit or advantage.

(k)        The word"indigent" shall mean indigent as defined in G.S. 7A‑450.

(l)         The words"lacks the capacity to consent" shall mean lacks sufficientunderstanding or capacity to make or communicate responsible decisionsconcerning his person, including but not limited to provisions for health ormental health care, food, clothing, or shelter, because of physical or mentalincapacity. This may be reasonably determined by the director or he may seek aphysician's or psychologist's assistance in making this determination.

(m)       The word"neglect" refers to a disabled adult who is either living alone andnot able to provide for himself or herself the services which are necessary tomaintain the person's mental or physical health or is not receiving servicesfrom the person's caretaker. A person is not receiving services from hiscaretaker if, among other things and not by way of limitation, the person is aresident of one of the State‑owned psychiatric hospitals listed in G.S.122C‑181(a)(1),  the State‑owned Developmental Centers listed inG.S. 122C‑181(a)(2), or the State‑owned Neuro‑MedicalTreatment Centers listed in G.S. 122C‑181(a)(3),  the person is, in theopinion of the professional staff of that State‑owned facility, mentallyincompetent to give consent to medical treatment, the person has no legalguardian appointed pursuant to Chapter 35A, or guardian as defined in G.S. 122C‑3(15),and the person needs medical treatment.

(n)        The words"protective services" shall mean services provided by the State orother government or private organizations or individuals which are necessary toprotect the disabled adult from abuse, neglect, or exploitation. They shallconsist of evaluation of the need for service and mobilization of essentialservices on behalf of the disabled adult. (1973, c. 1378, s. 1; 1975, c. 797; 1979, c. 1044, ss.1‑4; 1981, c. 275, s. 1; 1985, c. 589, s. 34; 1987, c. 550, s. 24; 1989,c. 770, s. 29; 1991, c. 258, s. 2; 2007‑177, s. 4.)