Rule Text
As used in the Elderly and Incapacitated Victim's Protection Act:
1. “Elderly person” means any person sixty-two (62) years of age or older; and
2. “Incapacitated person” means any person who is disabled by reason of mental or physical illness or disability to such extent the person lacks the ability to effectively protect self or property.
Amendment history: Added by Laws 1999, 1st Ex.Sess., c. 5, § 444, eff. July 1, 1999. Amended by Laws 2008, c. 314, § 3, eff. July 1, 2008.
Plain-English Summary (for reference only — not a substitute for the rule text above)
This summary is not the rule. The rule text controls.
This rule sets out two definitions used in the Elderly and Incapacitated Victim's Protection Act. These definitions help decide who is covered by the law's special protections.
An "elderly person" is anyone who is 62 years old or older. There's no other requirement. Age alone qualifies someone for this category.
An "incapacitated person" is someone who has a mental or physical illness or disability that makes it hard for them to protect themselves or their property. This isn't just about having a disability. It's about whether that disability actually limits the person's ability to look out for their own safety or belongings. Courts will look at how the illness or disability affects the person in real life when deciding if they fit this definition.