Maine Revised Statutes Title 34-B Sec. 5203 – Protective and supportive services
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1. Department authority. The department may provide protective or supportive services in response to complaints concerning, and requests for assistance from or on behalf of, all incapacitated persons, under the following conditions.
A. Except for seeking the appointment of a guardian, protective or supportive services may be initiated only:
(1) With the acquiescence of the incapacitated person; and
(2) After consultation, insofar as possible, with the family or the guardian of the incapacitated person. [PL 1983, c. 459, §7 (NEW).]
B. The role of the department must be primarily that of supervision and coordination. [PL 1995, c. 560, Pt. K, §48 (AMD).]
[PL 1995, c. 560, Pt. K, §48 (AMD).]
Terms Used In Maine Revised Statutes Title 34-B Sec. 5203
- Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 34-B Sec. 1001
- Family: means those persons that the person defines as included in that person's family, including as appropriate unpaid individuals with whom the person resides. See Maine Revised Statutes Title 34-B Sec. 5001
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Incapacitated person: means any person who is impaired by reason of intellectual disability or autism to the extent that the person lacks sufficient understanding or capacity to make, communicate or implement responsible personal decisions or decisions regarding the person's property. See Maine Revised Statutes Title 34-B Sec. 5001
- Person: means an adult with an intellectual disability or autism. See Maine Revised Statutes Title 34-B Sec. 5001
- Supportive services: means services to make it possible for an incapacitated person to become rehabilitated or self-sufficient to the maximum extent possible, including but not limited to:
A. See Maine Revised Statutes Title 34-B Sec. 5001Treatment: means the prevention or amelioration of physical and mental disabilities or illness of a person or any actions or services designed to assist the person to maximize the person's independence and potential. See Maine Revised Statutes Title 34-B Sec. 5601
2. Payment for services. Payment for services under this section is governed as follows.
A. The department may pay for protective and supportive services to incapacitated persons from its own resources, by mobilizing available community resources or by purchase of services from voluntary or state agencies. [PL 1995, c. 560, Pt. K, §49 (AMD).]
B. To the extent that assets are available to incapacitated persons or wards, the cost of services must be borne by the estate of persons receiving the services. [PL 1993, c. 410, Pt. CCC, §30 (AMD).]
C. The department may receive as payee any benefits from social security, veterans’ administration, railroad retirement or any other like benefits paid on behalf of any incapacitated person, and shall apply those benefits toward the care and treatment of the incapacitated person. [PL 1995, c. 560, Pt. K, §49 (AMD).]
D. The department may operate an adaptive equipment program. Reimbursement for materials utilized in the manufacture of this equipment may be received and must be retained for use within the adaptive equipment program. [PL 1995, c. 560, Pt. K, §49 (AMD).]
[PL 1995, c. 560, Pt. K, §49 (AMD).]
3. Rules. Adoption, amendment and appeal of rules under this section are governed as follows.
A. The department shall adopt, and may amend or repeal, rules governing the administration of this section, in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375. [PL 1995, c. 560, Pt. K, §50 (AMD).]
B. The department shall hold a public hearing before adopting, amending or repealing the rules, and shall give notice of the public hearing in accordance with the Maine Administrative Procedure Act, Title 5, chapter 375. [PL 1995, c. 560, Pt. K, §50 (AMD).]
[PL 1995, c. 560, Pt. K, §50 (AMD).]
SECTION HISTORY
PL 1983, c. 459, §7 (NEW). PL 1985, c. 761, §G7 (AMD). PL 1993, c. 410, §CCC30 (AMD). PL 1995, c. 560, §§K48-50 (AMD).