Abuse – harm or threatened harm to an adult’s health or welfare caused by another person, including but not limited to, nonaccidential physical or mental injury, sexual abuse, or maltreatment. MCL 400.11(a)
 

1. Physical Abuse – nonaccidential contact that results in physical harm.Physical Harm – injury to a vulnerable adult’s physical condition.
2. Sexual Abuse – non-consensual sexual contact of any kind.
3. Psychological Abuse – willful infliction of mental or emotional anguish by threat, humiliation or other verbal or nonverbal abusive conduct.
4. Financial Exploitation – illegal or improper use of an adult’s assets or resources.

 Adult in need of protective services - a vulnerable person not less than 18 years of age who is suspected of being or believed to be abused, neglected or exploited. MCL 400.11(b) 

Competence – the ability to make informed decisions and know the nature and consequences of one’s actions.

Complaint – an allegation, referral, report or other communication which contains information about known or suspected abuse, neglect or exploitation to vulnerable adults.

Conservator – a person appointed by a court and given the power and responsibility to handle some or all of another individual’s assets and financial affairs when it has been determined by the court that the individual is unable to manage their property and business affairs effectively for reasons such as mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power or disappearance and the individual has property that will be wasted or dissipated unless proper management is provided, or money is needed for the individual’s support, care, and welfare or for those entitled to the individual’s support and protection is necessary or desirable to obtain or provide money. A conservator can be requested by an individual and appointed by the court for an individual who is mentally competent, but due to age or physical infirmity is unable to manage his or her property and affairs effectively. MCL 700.1103(h) 

Developmental disability – developmental disabilities occur before the age of 22 and affect physical and/or mental abilities. Examples of disabilities include mental retardation, cerebral palsy, epilepsy and autism. A developmental disability may result in limited functioning in the following areas: self care, speech and language, learning, mobility, self-direction and the ability to live independently and/or to support oneself financially.

Domestic violence (assault) – a physical attack or the threat of physical attack upon the victim who is related to the attacker in one or more of the following ways: spouse or former spouse, resident or former resident of the same household, a person with whom they have had a child in common.

Elder – persons 60 years of age or older.

Exploitation – an action that involves the misuse of an adult’s funds, property, or personal dignity by another person. MCL 400.11(c) 

Fraud – an act of deceiving or misrepresenting a product, service or identity in order to take advantage (financial or otherwise) of a person.

Guardian – a person may qualify as a guardian of an incapacitated individual under a parental or spousal nomination or a court appointment to make decisions about the care of another individual. Their powers and duties are delineated by court order and statutory authority. MCL 700.1104(l) 

1. Guardian (Full/Plenary) – a guardian who possesses the legal rights and powers of a full guardian of the person and/or of the estate.
2. Guardian (Limited/Partial) – a guardian who possesses fewer than all of the legal rights and powers of a full/plenary guardian and whose rights, powers and duties have been specifically enumerated by court order. 

NOTE: Guardianship for individuals with developmental disabilities shall be utilized only as is necessary to promote and protect the well-being of the individual, including protection from neglect, exploitation and abuse; shall take into account the individual’s abilities; shall be designed to encourage the development of maximum self-reliance and independence in the individual; and shall be ordered only to the extent necessitated by the individual’s actual mental and adaptive limitations MCL 330.1602 

Guardianship for incapacitated individuals shall be utilized to provide continuing care and supervision; shall be designed to encourage the development of maximum self-reliance and independence; and shall be ordered only to the extent and for that period of time that the person is an incapacitated individual.

Incapacitated Individual – an individual who is impaired by reason of mental illness, mental deficiency, physical illness or disability, chronic use of drugs, chronic intoxication, or other cause, not including minority, to the extent of lacking sufficient understanding or capacity to make or communicate informed decisions. MCL 700.1105(a) 

Involuntary commitment – placement of an adult into a psychiatric hospital without their consent. Involuntary commitment may occur through a court order, by means of a peace officer application or a physician or psychological certificate.

Mental Illness – a substantial disorder of thought or mood that significantly impairs judgment, behavior, capacity to recognize reality, or ability to cope with the ordinary demands of life.

Neglect – harm to an adult’s health or welfare caused by the inability of the adult to respond to a harmful situation or by the conduct of a person who assumes responsibility for a significant aspect of the adult’s health or welfare. Neglect includes the failure to provide adequate food, clothing, shelter, or medical care. A person shall not be considered abused, neglected or in need of emergency or protective services for the sole reason that the person is receiving or relying upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination; and this act shall not require any medical care or treatment in contravention of the stated or implied objection of that person. MCL 400.11(d) 

1. Active Neglect – willful failure of a “caregiver” to fulfill his or her care giving responsibilities. Generally, active neglect is intentional. It is characterized by consciously withholding of necessities, such as food, medicines, companionship and needed assistance with the activities of daily living.
2. Passive Neglect – non-willful failure of a caregiver to fulfill his or her care giving responsibilities. Generally, passive neglect is unintentional. It is characterized by a situation in which the person is left alone, isolated or forgotten. The abuser is often unaware of the consequences. Passive neglect may be due to lack of knowledge or inexperience as a caregiver, or the caregiver may be incapable of providing adequate care because he or she has problems of his or her own.
3. Self-Neglect – inability or refusal to provide for one’s own essential needs. Self-neglect may be associated with mental and/or physical impairment such as depression or other mental illness, Transient Ischemic Attacks (TIAs), stroke or alcoholism.

Patient Advocate – an individual 18 years of age or older who is of sound mind may designate, in writing, powers concerning their care, custody and medical treatment to another individual who is 18 years of age or older. MCL 700.5306 

Physical danger – a situation, whether caused by self or others, that appears likely to result in harm to the adult’s physical well-being, health or safety.

Power of Attorney – a legal document authorizing another person to act on one’s behalf. A Durable Power of Attorney is a type of Power of Attorney that ‘endures’ after the onset of incapacity.

Protective Order – if it is established that a basis exists, the court may enter orders authorizing, directing or ratifying a transaction necessary or desirable to achieve a security, services or care arrangement meeting the protected individual’s needs. MCL 700.5408 

Protective Services - includes, but is not limited to, remedial, social, legal, health, mental health, and referral services provided in response to a report of alleged harm or threatened harm because of abuse, neglect, or exploitation. MCL 400.11(e) 

Representative Payee – The Social Security Administration (SSA) is responsible for designating a person as a Representative Payee to directly receive and manage the SSA benefits of SSA recipients whom it has been determined incapable of managing their own benefits received under Title VI (SSI) or Title II of the Social Security Act.

Substantiated Complaint – a situation in which the worker determines the subject of the complaint is an adult who is actually threatened by harm due to abuse, neglect or exploitation and also is vulnerable.

Undue Influence – one person taking unfair advantage of another; substituting the will of the victim with that of the perpetrator; a concerted, deliberate effort to assume control over another person’s decision making. (National Center on Elder Abuse)

Unsubstantiated Complaint – a situation in which the APS worker determines the subject of the complaint is an adult who is either not in danger of any harm or is not vulnerable or that the referral is one which is inappropriate for the APS program.

Vulnerable – a condition in which an adult is unable to protect himself or herself from abuse, neglect or exploitation because of a mental or physical impairment or because of advanced age.