Indiana

“Endangered adult”
Sec. 2. (a) Except as provided in subsection (b), as used in this chapter, “endangered adult” means an individual who is:
(1) at least eighteen (18) years of age;
(2) incapable by reason of mental illness, intellectual disability, dementia, habitual drunkenness, excessive use of drugs, or other physical or mental incapacity of managing or directing the management of the individual’s property or providing or directing the provision of self-care; and
(3) harmed or threatened with harm as a result of:
(A) neglect;
(B) a battery offense included in IC 35-42-2; or
(C) exploitation of the individual’s personal services or property.
(b) For purposes of IC 12-10-3-17, IC 35-42-2-1, IC 35-42-2-1.3, and IC 35-46-1-13, “endangered adult” means an individual who is:
(1) at least eighteen (18) years of age;
(2) incapable by reason of mental illness, intellectual disability, dementia, or other physical or mental incapacity of managing or directing the management of the individual’s property or providing or directing the provision of self-care; and
(3) harmed or threatened with harm as a result of:
(A) neglect; or
(B) battery.
(c) An individual is not an endangered adult solely:
(1) for the reason that the individual is being provided spiritual treatment in accordance with a recognized religious method of healing instead of specified medical treatment if the individual would not be considered to be an endangered adult if the individual were receiving the medical treatment; or
(2) on the basis of being physically unable to provide self care when appropriate care is being provided.

Exploitation of a dependent or an endangered adult
Sec. 12. (a) The following definitions apply throughout this section:
(1) “Person in a position of trust” means a person who has or had:
(A) the care of:
(i) an endangered adult; or
(ii) a dependent;
whether assumed voluntarily or because of a legal obligation; or
(B) a professional relationship with:
(i) an endangered adult; or
(ii) a dependent;
that may permit the person to exert undue influence over the endangered adult or dependent.
(2) “Self-dealing” means a person using the property of another person to gain a benefit that is grossly disproportionate to the goods or services provided to the other person. The term does not include an incidental benefit.
(b) A person who recklessly uses or exerts control over the personal services or the property of:
(1) an endangered adult; or
(2) a dependent;
for the person’s own profit or advantage or for the profit or advantage of another person, but not for the profit or advantage of a person described in subdivision (1) or (2), commits exploitation of a dependent or an endangered adult, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.
(c) A person in a position of trust who recklessly engages in self-dealing with the property of:
(1) an endangered adult; or
(2) a dependent;
commits exploitation of a dependent or an endangered adult, a Class A misdemeanor. However, the offense is a Level 6 felony if the person has a prior unrelated conviction under this section.
(d) It is a defense to an offense committed under this section if the accused person:
(1) has been granted a durable power of attorney or has been appointed a legal guardian to manage the affairs of an endangered adult or a dependent; and
(2) was acting within the scope of the accused person’s fiduciary responsibility.