Maine § 22 §3483 Emergency intervention; authorized entry of premises; immunity of petitioner

Maine Statutes

§ 22 §3483 — Emergency intervention; authorized entry of premises; immunity of petitioner

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

1.Action. When the court has exercised the power of a guardian or has appointed the department temporary guardian pursuant to Title 18‑C, sections 5‑124 and 5‑312, and the ward or a caretaker refuses to relinquish care and custody to the court or to the department, then at the request of the department, a law enforcement officer may take any necessary and reasonable action to obtain physical custody of the ward for the department. Necessary and reasonable action may include entering public or private property with a warrant based on probable cause to believe that the ward is there.

2.Liability. No petitioner shall be held liable in any action brought by the incapacitated adult if the petitioner acted in good faith.

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1.
Action.
When the court has exercised the power of a guardian or has appointed the department temporary guardian pursuant to Title 18‑C, sections 5‑124 and 5‑312, and the ward or a caretaker refuses to relinquish care and custody to the court or to the department, then at the request of the department, a law enforcement officer may take any necessary and reasonable action to obtain physical custody of the ward for the department. Necessary and reasonable action may include entering public or private property with a warrant based on probable cause to believe that the ward is there.
2.
Liability.
No petitioner shall be held liable in any action brought by the incapacitated adult if the petitioner acted in good faith.

Maine § 22 §3483 (Emergency intervention; authorized entry of premises; immunity of petitioner) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Legislative History

PL 1981, c. 527, §2 (NEW). PL 1993, c. 652, §9 (AMD). PL 2017, c. 402, Pt. C, §57 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF).