LD 1606
pg. 1
LD 1606 Title Page An Act To Amend the Adult Protective Services Act Page 2 of 11
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LR 1946
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 22 MRSA §3471, as amended by PL 1991, c. 711, §1, is
further amended to read:

 
§3471. Declaration of policy and legislative intent

 
The Legislature recognizes that many adult citizens of the
State, because of incapacitation or dependency vulnerability, are
unable to manage their own affairs or to protect themselves from
abuse, neglect or exploitation. Often these persons cannot can
not find others able or willing to render assistance. The
Legislature intends, through this Act, to establish a program of
protective services designed to fill this need and to assure
ensure its availability to all incapacitated and dependent
vulnerable adults who are faced with abuse, neglect, exploitation
or the substantial risk of abuse, neglect or exploitation. It is
also the intent of the Legislature to authorize only the least
possible restriction on the exercise of personal and civil rights
consistent with the person's need for services and to require
that due process be followed in imposing those restrictions.

 
Sec. 2. 22 MRSA §3472, as amended by PL 2001, c. 354, §3, is
further amended to read:

 
§3472. Definitions

 
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 with
resulting that causes or is likely to cause physical harm or pain
or mental anguish; sexual abuse or sexual exploitation; or the
willful intentional, knowing or reckless deprivation of essential
needs. "Abuse" includes acts and omissions.

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

 
2-A. Bureau. "Bureau" means the Bureau of Elder and Adult
Services of the Department of Human Services.

 
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
Human Services or a designated representative in the geographical
area in which the person resides or is present or, in the case of


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