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APS Definitions

Definitions of allegation and types of abuse, neglect, or financial exploitation as defined in 89 Ill. Adm. Code 270.

Abuse

Abuse means causing any physical, mental, or sexual injury to an eligible adult, including exploitation of such adult’s financial resources. Allegation means a charge or claim of abuse, neglect, or financial exploitation.


Allegation

A charge or a claim of abuse, abandonment, neglect, financial exploitation, or self-neglect.


Caregiver

Caregiver is defined as “A person who either, as a result of a family relationship, voluntarily, or in exchange for compensation, has assumed responsibility for all or a portion of the care of an eligible adult who needs assistance with activities of daily living or instrumental activities of daily living” under the Adult Protective Services Act. [320 ILCS 20/2(a-7)]


Confinement

Confinement means restraining or isolating an individual for other than bona fide medical reasons. Emotional Abuse means verbal assaults, threats of maltreatment, harassment, or intimidation.


Financial Exploitation

Financial Exploitation means use of an eligible adult’s resources by another to the disadvantage of that adult or the profit or advantage of a person other than that adult.


Neglect

Neglect means another individual’s failure to provide an eligible adult with or willful withholding from an eligible adult the necessities of life, including, but not limited to, food, clothing, shelter, or health care. This definition does not create any new affirmative duty to provide support to eligible adults. Nothing in the Adult Protective Services Act shall be construed to mean that an eligible adult is a victim of neglect because of health care services provided or not provided by licensed health care professionals.


Passive Neglect

Passive Neglect means the failure by a caregiver to provide an eligible adult with the necessities of life including, but not limited to, food, clothing, shelter, or medical care because of failure to understand the eligible adult’s needs, lack of awareness of services to help meet needs, or a lack of capacity to care for the eligible adult.


Physical Abuse

Physical Abuse means the causing of physical pain or injury to an eligible adult.


Sexual Abuse

Sexual Abuse means any sexual activity with an eligible adult who is unable to understand, unwilling to consent, threatened, or physically forced to engage in such sexual activity.


Willful Deprivation

Willful Deprivation is deliberate denial to an eligible adult of required medications, medical care, shelter, food, therapeutic devices, or other physical assistance, thereby exposing that person to the risk of physical, mental, or emotional harm. Willful deprivation shall not include the discontinuation of medical care or treatment when the eligible adult has expressed a desire to forego such medical care or treatment.