CHAPTER 653

H.P. 1287 - L.D. 1765

An Act To Clarify the Responsibilities under the Adult

Protective Services Act

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, 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 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. Any requirements for disclosure of information contained in this chapter do not supersede federal law if federal law prohibits the disclosure of such information in the manner as set forth in this chapter.

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