| C.__A resident of a facility providing assisted living | services licensed or required to be licensed pursuant to | section 7801; or |
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| D.__A person described as a dependent person in Title 17-A, | section 555. |
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| | Sec. 3. 22 MRSA §3473, as amended by PL 1991, c. 711, §§2 to 4, is | further amended to read: |
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| | 1. General. The department shall act to: |
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| A. Protect abused, neglected or exploited incapacitated | adults and dependent vulnerable adults from abuse, neglect | or exploitation and protect incapacitated adults and | dependent vulnerable adults in circumstances which that | present a substantial risk of abuse, neglect or | exploitation; |
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| B. Prevent abuse, neglect or exploitation of incapacitated | adults and vulnerable adults; |
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| C. Enhance the welfare of these incapacitated adults and | dependent vulnerable adults; and |
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| D. Promote self-care wherever possible. |
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| | 2. Reports. The department shall: |
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| 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; |
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| B. Take appropriate action, including providing or | arranging for the provision of appropriate services and | making referrals to law enforcement; and |
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| C. Petition for guardianship or a protective order under | Title 18-A, Article 5, when all less restrictive | alternatives have been tried and have failed to protect the | incapacitated adult. |
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| | 3. Appearance of designated employees in Probate Court. The | commissioner may designate employees of the department to | represent the department in Probate Court in: |
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| A. Matters relating to the performance of duties in | uncontested guardianship, or conservatorship or termination | of guardianship or conservatorship proceedings; and |
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