Maine Revised Statutes Title 22 Sec. 3473 – Authorizations
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1. General. The department shall act to:
A. Protect incapacitated and dependent adults from abuse, neglect and exploitation and protect incapacitated and dependent adults in circumstances that present a substantial risk of abuse, neglect or exploitation; [PL 2003, c. 653, §3 (AMD).]
B. Prevent abuse, neglect or exploitation of incapacitated and dependent adults; [PL 2003, c. 653, §3 (AMD).]
C. Enhance the welfare of these incapacitated and dependent adults; and [PL 1981, c. 527, §2 (NEW).]
D. Promote self-care wherever possible. [PL 1981, c. 527, §2 (NEW).]
[PL 2003, c. 653, §3 (AMD).]
Terms Used In Maine Revised Statutes Title 22 Sec. 3473
- Abuse: includes acts and omissions. See Maine Revised Statutes Title 22 Sec. 3472
- Adult: means any person who has attained 18 years of age or who is a legally emancipated minor. See Maine Revised Statutes Title 22 Sec. 3472
- 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. See Maine Revised Statutes Title 22 Sec. 3472
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 22 Sec. 1-A
- Dependent: A person dependent for support upon another.
- Emergency: refers to a situation in which:
A. See Maine Revised Statutes Title 22 Sec. 3472Exploitation: means the illegal or improper use of an incapacitated or dependent adult or that adult's resources for another's profit or advantage. See Maine Revised Statutes Title 22 Sec. 3472 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. See Maine Revised Statutes Title 22 Sec. 3472 Probate: Proving a will Protective services: means services that separate incapacitated or dependent adults from danger. See Maine Revised Statutes Title 22 Sec. 3472
2. Reports. The department shall:
A. Receive, promptly investigate and determine the validity of reports of alleged abuse, neglect or exploitation or the substantial risk of abuse, neglect or exploitation; [PL 1991, c. 711, §3 (AMD).]
B. Take appropriate action, including providing or arranging for the provision of appropriate services and making referrals to law enforcement; [PL 2019, c. 661, §1 (AMD).]
C. Petition for guardianship or a protective order under Title 18-C, Article 5, when all less restrictive alternatives have been tried and have failed to protect the incapacitated adult; and [PL 2019, c. 661, §2 (AMD).]
D. Establish and maintain an adult protective services registry of persons for whom there have been substantiated reports of abuse, neglect or exploitation of dependent adults or incapacitated adults. The department shall adopt routine technical rules to implement this paragraph pursuant to Title 5, chapter 375, subchapter 2?A. [PL 2019, c. 661, §3 (NEW).]
[PL 2019, c. 661, §§1-3 (AMD).]
3. Appearance of designated employees in Probate Court. The commissioner may designate employees of the department to represent the department in Probate Court in:
A. Matters relating to the performance of duties in uncontested guardianship or conservatorship or termination of guardianship or conservatorship proceedings; and [PL 2003, c. 653, §5 (AMD).]
B. Requests for emergency guardianships arising from the need for emergency medical treatment or placement in assisted living programs, residential care facilities or nursing facilities or for orders necessary to apply for or preserve an estate in emergency situations. [PL 2003, c. 653, §5 (AMD).]
[PL 2003, c. 653, §5 (AMD).]
SECTION HISTORY
PL 1981, c. 527, §2 (NEW). PL 1989, c. 858, §5 (AMD). PL 1991, c. 711, §§2-4 (AMD). PL 2003, c. 653, §§3-5 (AMD). PL 2017, c. 402, Pt. C, §54 (AMD). PL 2017, c. 402, Pt. F, §1 (AFF). PL 2019, c. 417, Pt. B, §14 (AFF). PL 2019, c. 661, §§1-3 (AMD).