As used in this part, unless the context otherwise requires:

"Elder" means an individual sixty-two years of age or older.

"Financial exploitation" means:

1. (1) The wrongful or unauthorized taking, withholding, appropriation, or use of money, assets, or property of an elder or a vulnerable adult; or

2. (2) Any act or omission by a person, including through the use of a power of attorney, guardianship, or conservatorship of an elder or a vulnerable adult, to:

   1. (A) Obtain control through deception, intimidation, or undue influence over the elder's or vulnerable adult's money, assets, or property to deprive the elder or vulnerable adult of the ownership, use, benefit, or possession of the elder's or vulnerable adult's money, assets, or property; or

   2. (B) Convert money, assets, or property of the elder or vulnerable adult to deprive the elder or vulnerable adult of the ownership, use, benefit, or possession of the elder's or vulnerable adult's money, assets, or property.

      "Qualified person" means any agent, broker-dealer, investment adviser representative, investment adviser, or person who serves in a supervisory or compliance capacity for a broker-dealer or an investment adviser.

      "Reasonably associated individual" means any person known to the qualified person to be reasonably associated with the elder, vulnerable adult, or account.

      "Vulnerable adult" means a person eighteen years of age or older who, because of mental, developmental, or physical impairment, is unable to:

   3. (1) Communicate or make responsible decisions to manage the person's own care or resources;
   4. (2) Carry out or arrange for essential activities of daily living; or
   5. (3) Protect oneself from abuse.

[L 2021, c 54, pt of §1]