10-5-100. Definitions.

As used in this article, the term:

“Account” means any account with a broker-dealer or investment adviser for which a client has the authority to transact business.#

“Adult protective agency” means any office, division, department, or unit in this state that is charged with the investigation of abuse, neglect, or exploitation of an elder person or disabled adult.#

“Eligible adult” means:#

1. (A)

   A person 65 years of age or older; or#

2. (B)

   A person 18 years of age or older who is mentally or physically incapacitated, has Alzheimer’s disease, or has dementia.#

“Financial exploitation” means:#

1. (A)

   The wrongful or unauthorized taking, withholding, appropriation, or use of the money, assets, or property of an eligible adult; or#

2. (B)

   Any act or omission taken by a person, including, but not limited to, through the use of a power of attorney, guardianship, or conservatorship of an eligible adult, to:#

   1. (i)

      Obtain the control, use, or benefit of the eligible adult’s money, assets, or property to deprive the eligible adult of the ownership, use, benefit, or possession of his or her money, assets, or property through deception, intimidation, or undue influence or by the use of any scheme, device, or artifice to defraud; or#

   2. (ii)

      Convert the money, assets, or property of the eligible adult to deprive the eligible adult of the ownership, use, benefit, or possession of his or her money, assets, or property.#

“Qualified individual” means any agent, investment adviser representative, or person who serves in a supervisory, compliance, or legal capacity for a broker-dealer or investment adviser.#