LD 1765
pg. 2
Page 1 of 10 An Act To Clarify the Responsibilities under the Adult Protective Services Act ... Page 3 of 10
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LR 2644
Item 1

 
A.__A resident of a nursing home licensed or required to be
licensed under section 1817;

 
B.__A resident of a facility providing assisted living
services licensed or required to be licensed pursuant to
section 7801; or

 
C.__A person considered a dependent person under Title 17-A,
section 555.

 
7. Emergency. "Emergency" refers to a situation where in
which:

 
A. The incapacitated or dependent adult is in immediate
risk of serious harm;

 
B. The incapacitated or dependent adult is unable to
consent to services which that will diminish or eliminate
the risk; and

 
C. There is no guardian person legally authorized to
consent to emergency services.

 
8. Emergency services. "Emergency services" refer refers to
those services necessary to avoid serious harm.

 
9. Exploitation. "Exploitation" means the illegal or
improper use of an incapacitated or dependent adult or his that
adult's resources for another's profit or advantage.

 
10. Incapacitated adult. "Incapacitated adult" means any
adult who is impaired by reason of mental illness, mental
deficiency, physical illness or disability to the extent that
that individual lacks sufficient understanding or capacity to
make or communicate responsible decisions concerning that
individual's person, or to the extent the adult cannot can not
effectively manage or apply that individual's estate to necessary
ends.

 
11. Neglect. "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.

 
12. Protective services. "Protective services" means
services which will that separate incapacitated or dependent
adults from danger. Protective services include, but are not
limited to, social, medical and psychiatric services necessary to
preserve the incapacitated or dependent adult's rights and
resources and to maintain the incapacitated or dependent adult's
physical and mental well-being.


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