                                 CODE OF VIRGINIA

PROTECTION OF ADULTS; DEFINITIONS (§ 63.2-1603)

As used in this article:

&#8220;Act of violence, force, or threat&#8221; means the same as that term is
defined in § 19.2-152.7:1.

&#8220;Adult&#8221; means any person 60 years of age or older, or any person 18
years of age or older who is incapacitated and who resides in the Commonwealth;
provided, however, &#8220;adult&#8221; may include qualifying nonresidents who
are temporarily in the Commonwealth and who are in need of temporary or
emergency protective services.

&#8220;Emergency&#8221; means (i) that an adult is living in conditions that
present a clear and substantial risk of death or immediate and serious physical
harm to himself or others or (ii) that an adult has been, within a reasonable
period of time, subjected to an act of violence, force, or threat or been
subjected to financial exploitation.

&#8220;Financial exploitation&#8221; means the illegal, unauthorized, improper,
or fraudulent use of the funds, property, benefits, resources, or other assets
of an adult for another&#8217;s profit, benefit, or advantage, including a
caregiver or person serving in a fiduciary capacity, or that deprives the adult
of his rightful use of or access to such funds, property, benefits, resources,
or other assets. &#8220;Financial exploitation&#8221; includes (i) an
intentional breach of a fiduciary obligation to an adult to his detriment or an
intentional failure to use the financial resources of an adult in a manner that
results in neglect of such adult; (ii) the acquisition, possession, or control
of an adult&#8217;s financial resources or property through the use of undue
influence, coercion, or duress; and (iii) forcing or coercing an adult to pay
for goods or services against his will for another&#8217;s profit, benefit, or
advantage if the adult did not agree, or was tricked, misled, or defrauded into
agreeing, to pay for such goods or services.

&#8220;Financial institution staff&#8221; means any employee, agent, qualified
individual, or representative of a bank, trust company, savings institution,
loan association, consumer finance company, credit union, investment company,
investment advisor, securities firm, accounting firm, or insurance company.

&#8220;Incapacitated person&#8221; means any adult who is impaired by reason of
mental illness, intellectual disability, physical illness or disability,
advanced age or other causes to the extent that the adult lacks sufficient
understanding or capacity to make, communicate or carry out responsible
decisions concerning his or her well-being.

HISTORY: 1977, c. 547, § 63.1-55.2; 1978, c. 749; 2002, c. 747; 2004, cc. 749,
1011; 2012, cc. 476, 507; 2021, Sp. Sess. I, cc. 207, 208.