Sec. 3. Definitions
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/bill/118/hr/8328/ih/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
In this Act: The term aging agency means an organization that represents older adults, and that may have experience in serving family members of such adults. The term disability has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 ). The term disability agency means an organization serving people with disabilities that— is operated by a board, on which— a majority of the members are people with disabilities or their family members; and the number of members on the board who are people with disabilities is greater than the number of members on the board who are family members; has an advisory panel or council, on which— a majority of the members are people with disabilities or their family members; and the number of members on the board who are people with disabilities is greater than the number of members on the board who are family members; or has employees, a majority of whom are people with disabilities.
The term guardianship means— a protective arrangement resulting from the process by which a State court determines that an adult individual lacks capacity to make decisions about self-care, finances, property, or personal affairs, and appoints another individual or entity known as a guardian, as a conservator, or by a similar term, as a surrogate decisionmaker; a protective arrangement in which the court-appointed surrogate decisionmaker carries out duties to the individual and the court; or a protective arrangement in which the court exercises oversight of the surrogate decisionmaker.
The term Indian Tribe has the meaning given that term in section 4 of the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5304 ). The term legal services agency means a public or nonprofit organization that has experience providing legal services to low-income older adults or adults with disabilities. The term older adult has the meaning given the term older individual as defined in section 102 of the Older Americans Act of 1965 ( 42 U.S.C. 3002 ). The term Secretary means the Secretary of Health and Human Services, acting through the Administrator of the Administration for Community Living.
The term State means any of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, Guam, American Samoa, the United States Virgin Islands, and the Commonwealth of the Northern Marianas.
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