Cap. 659 Art. 2Interpretation.  Cap. 16. 2 [CAP.   Cap. 627.  Cap. 627.   Cap. 464. 4 [CAP.  Cap. 553.  Cap. 12.  Cap. 12.   Cap. 630.  Cap. 16.  Cap. 492.

For the purposes of this Act, unless the context otherwise requires:

"abuse" means any offensive treatment, whether physical, sexual, mental, emotional, psychological, material or any combination thereof, that causes or is reasonably likely to cause the victim grievous physical or psychological harm or material loss to his estate, including acts or threats of physical or sexual violence, acts that violate sexual integrity, degrading or humiliating conduct, repeated insults, ridicule, name calling, emotional threats, deception, manipulation, invasion of privacy, limitation of liberty, denial of care, elder abuse, abuse of mandate or of powers of representation, and economic abuse through financial exploitation, deprivation of financial resources or disposal of assets and property, whether by persons within close networks, such as family members, friends, support persons, personal assistants or caregivers, or otherwise by other third parties;

"adult" means a person who has attained the age of majority in terms of article 188 of the Civil Code:

Provided that any minor who would have acquired legal capacity before the age of majority in terms of any law in force governing his personal status shall also be

*Articles 8, 12 and Part IX only are in force. Legal Notice 201 of 2026. Vide 659.] VULNERABILITY considered to be an adult for the purposes of this Act;

"adult in a situation of vulnerability" means any adult with disability, including any older person, who due to the specific circumstances surrounding his disability is unable to take care of himself or unable to protect himself against harm or exploitation, in the short term or in the longer term;

"assistance" means assistance provided in accordance with article 17;

"conduct" means neglect and other failures to act;

"Director" means the Director responsible for the

Directorate for Disability Issues, established in terms of article

5(1) of the United Nations Convention on the Rights of Persons with Disabilities Act who shall be answerable to the Permanent Secretary, and any person engaged in terms of article 4(2) when so delegated to act in the name and representation of the Director by the said Director;

"disability" shall have the same meaning assigned to it in article 2(1) of the United Nations Convention on the Rights of Persons with Disabilities Act, and shall, for the purposes of this Act, include any older adult ;

"Emergency Intervention Order" means an order made in accordance with article 26;

"harm" means all harmful conduct or lack of appropriate action leading to harm and, in particular, includes:

(a) physical harm,

(b) psychological harm (such as fear, alarm or distress),

(c) misappropriation or mismanagement of property, rights or interests (such as theft, fraud, embezzlement or extortion), and

(d) conduct which causes self-harm;

"health and social care professional" means a professional registered with the relevant Council under the

Health Care Professions Act or under any other law regulating other allied health or caring professions, including but not limited to the professions of midwifery, nursing, social work, psychology, psychotherapy and counselling, and in the case of students or trainees, such term shall refer to their direct supervising officer; "health care department or authority" means any health department, health care institution or authority such as hospitals, local clinics and pharmacies, whether private or Government owned, including employees thereof who exercise health functions;

"health records" means records relating to an individual’s physical or mental health which have been made by or on behalf of a health and social care professional in connection with the care of the individual;

"in need of assistance" means, in relation to an adult, requiring assistance to:

(a) provide or arrange for adequate care for oneself or one’s estate; or

(b) protect oneself against abuse or neglect, due to infirmity, whether physical or mental;

"in need of protection" means, in relation to an adult, requiring protective intervention to maintain the safety and wellbeing of the adult or preserve the adult’s estate because, due to infirmity, whether physical or mental, the adult:

(a) is unable to provide or arrange for adequate care for himself or his estate; or

(b) is experiencing and is unable to protect himself against abuse or neglect;

"Individualised Support Plan" means a plan of proposed assistance or protective intervention, developed following the concept of person-centred planning, in accordance with article 16;

"investigation" means an investigation carried out by the Director, in accordance with article 11, to determine whether an adult is in need of assistance or protection;

"Minister" means the Minister responsible for the rights of persons with disability;

"Ministry" means the Ministry responsible for the rights of persons with disability;

"neglect" means a lack of or failure to provide necessary care, assistance, guidance or attention which causes or is reasonably likely to cause the victim severe physical or psychological harm or severe deterioration in mental health status or significant material loss to his estate; 659.] VULNERABILITY "older person" shall have the same meaning assigned to it in article 2 of the Commissioner for Older Persons Act;

"Permanent Secretary" means the Permanent Secretary within the Ministry responsible for the rights of persons with disability;

"personal assistant" shall have the same meaning assigned to it in article 2 of the Personal Assistance Act;

"Personal Autonomy Safeguards Board" means the same

Board set up by article 519A of the Code of Organization and Civil Procedure;

"Personal Autonomy Safeguard Order" means an order made in accordance to article 519E of the Code of Organization and Civil Procedure;

"place of residence" means the home, the establishment or premises within which an adult in a situation of vulnerability resides, whether permanently or temporarily, under any title whatsoever;

"protective intervention" shall have the same meaning assigned to it in article 19;

"Protective Intervention Order" or "Order" shall have the same meaning assigned to it in article 19;

"Register" means the Protection of Adults in Situations of Vulnerability Register established by article 38;

"Registrar" means the Registrar, Criminal Courts and Tribunals;

"Regulation (EU) 2016/679" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation);

"social enterprise organisation" means a social enterprise organisation in accordance with article 3 of the

Social Enterprise Act;

"support person" shall have the same meaning assigned to it in article 188B of the Civil Code;

"voluntary organisation" means a voluntary organisation in accordance with article 3 of the Voluntary Organisations Act.