Maine § 22 §3472 Definitions

Maine Statutes

§ 22 §3472 — Definitions

Maine·Title 22 HEALTH AND WELFARE·Part 2 AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS·Ch. 958-A ADULT PROTECTIVE SERVICES ACT

As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.

1.Abuse. "Abuse" means the infliction of injury, unreasonable confinement, intimidation or cruel punishment that causes or is likely to cause physical harm or pain or mental anguish; sexual abuse or sexual exploitation; financial exploitation; or the intentional, knowing or reckless deprivation of essential needs. "Abuse" includes acts and omissions.

2.Adult. "Adult" means any person who has attained 18 years of age or who is a legally emancipated minor. 2-A. Bureau.

3.Caretaker. "Caretaker" means any individual or institution who has or assumes the responsibility for the care of an adult.

4.Commissioner. "Commissioner" means the Commissioner of Health and Human Services or

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As used in this chapter, unless the context indicates otherwise, the following terms have the following meanings.
1.
Abuse.
"Abuse" means the infliction of injury, unreasonable confinement, intimidation or cruel punishment that causes or is likely to cause physical harm or pain or mental anguish; sexual abuse or sexual exploitation; financial exploitation; or the intentional, knowing or reckless deprivation of essential needs. "Abuse" includes acts and omissions.
2.
Adult.
"Adult" means any person who has attained 18 years of age or who is a legally emancipated minor.
2-A.
Bureau.
3.
Caretaker.
"Caretaker" means any individual or institution who has or assumes the responsibility for the care of an adult.
4.
Commissioner.
"Commissioner" means the Commissioner of Health and Human Services or a designated representative in the geographical area in which the person resides or is present.
5.
Department.
6.
Dependent adult.
"Dependent adult" means an adult who has a physical or mental condition that substantially impairs the adult's ability to adequately provide for that adult's daily needs. "Dependent adult" includes, but is not limited to, any of the following:
7.
Emergency.
"Emergency" refers to a situation in which:
8.
Emergency services.
"Emergency services" refers to those services necessary to avoid serious harm.
9.
Exploitation.
"Exploitation" means the illegal or improper use of an incapacitated or dependent adult or that adult's resources for another's profit or advantage.
9-A.
Financial exploitation.
"Financial exploitation" means the use of deception, intimidation, undue influence, force or other unlawful means to obtain control over the property of a dependent adult for another's profit or advantage.
10.
Incapacitated adult.
"Incapacitated adult" means an adult who is unable to receive and evaluate information or make or communicate informed decisions to such an extent that the adult lacks the ability to meet essential requirements for physical health, safety or self-care, even with reasonably available appropriate technological assistance.
11.
Neglect.
"Neglect" means a threat to an adult's health or welfare by physical or mental injury or impairment, deprivation of essential needs or lack of protection from these.
12.
Protective services.
"Protective services" means services that separate incapacitated or dependent adults from danger. Protective services include, but are not limited to, social, medical and psychiatric services necessary to preserve the incapacitated or dependent adult's rights and resources and to maintain the incapacitated or dependent adult's physical and mental well-being.
13.
Serious harm.
"Serious harm" means:
14.
Serious injury.
15.
Sexual abuse or sexual exploitation.
"Sexual abuse or sexual exploitation" means contact or interaction of a sexual nature involving an incapacitated or dependent adult without that adult's informed consent.
16.
Undue influence.
"Undue influence" means the misuse of real or apparent authority or the use of manipulation by a person in a trusting, confidential or fiduciary relationship with a person who is a dependent adult or an incapacitated adult.

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Legislative History

PL 1981, c. 493, §2 (AMD). PL 1981, c. 527, §2 (NEW). PL 1983, c. 313, §§1,2 (AMD). PL 1989, c. 259, §§1-5 (AMD). PL 1989, c. 329, §§3-5 (AMD). PL 1989, c. 858, §4 (AMD). RR 1995, c. 2, §41 (COR). PL 1995, c. 560, §K82 (AMD). PL 1995, c. 560, §K83 (AFF). PL 1995, c. 696, §A38 (AMD). PL 2001, c. 354, §3 (AMD). PL 2003, c. 653, §2 (AMD). PL 2003, c. 689, §B6 (REV). PL 2005, c. 397, §§A21,22 (AMD). PL 2011, c. 291, §1 (AMD). PL 2011, c. 657, Pt. BB, §3 (AMD). PL 2015, c. 306, §§4-6 (AMD). PL 2017, c. 402, Pt. C, §§52, 53 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).