[§28-94] Dependent elder abuse; suits by the State; civil penalties. (a) The attorney general may bring a civil action on behalf of the State, against any caregiver who commits abuse of a dependent elder, to prevent, restrain, or remedy such conduct. Any caregiver against whom a civil judgment is entered on a complaint alleging that the caregiver committed abuse against a dependent elder, shall be subject to a civil penalty of not less than $500 nor more than $1,000 for each day that the abuse occurred, and the costs of investigation.
(b) For the purposes of this section:
"Abuse" means actual or imminent physical injury, psychological abuse or neglect, sexual abuse, financial exploitation, negligent treatment, or maltreatment.
Abuse occurs where:
"Caregiver" means any person who has undertaken the care, custody, or physical control of, or who has a legal or contractual duty to care for the health, safety, and welfare of a dependent elder, including, but not limited to, owners, operators, employees, or staff of:
"Dependent elder" means any person sixty-two years of age or older who, because of mental or physical impairment, is dependent upon another person, a care organization, or a care facility for personal health, safety, or welfare.
"Financial and economic exploitation" means the wrongful or negligent taking, withholding, misappropriation, or use of a dependent elder's money, real property, or personal property. "Financial and economic exploitation" may include but is not limited to:
The exploitations may involve coercion, manipulation, threats, intimidation, misrepresentation, or exertion of undue influence.
"Neglect" means the reckless disregard for the health, safety or welfare of a dependent elder, that results in injury, loss, or damage. "Neglect" includes, but is not limited to: