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Can you summarize 22 MERS Section 3472?
GENERAL PROVISIONS > Definitions
Short Summary
This chapter of the Maine Revised Statutes, known as the Adult Protective Services Act, defines key terms related to the protection of adults from abuse, neglect, and exploitation. It provides a comprehensive definition of ‘abuse,’ which includes physical harm, mental anguish, sexual abuse or exploitation, financial exploitation, and deprivation of essential needs. The chapter also defines ‘adult’ as any person who has attained 18 years of age or who is a legally emancipated minor. ‘Caretaker’ is defined as an individual or institution responsible for the care of an adult. The Commissioner of Health and Human Services or a designated representative is referred to as the ‘Commissioner.’ The chapter further defines ‘dependent adult’ as an adult with a physical or mental condition that impairs their ability to provide for their daily needs. It includes residents of nursing homes or assisted living facilities, individuals considered dependent under Title 17-A, and those dependent upon others due to limitations in mobility, vision, hearing, or emotional/mental functioning. The chapter also defines ’emergency’ as a situation where an incapacitated or dependent adult is at immediate risk of serious harm, unable to consent to services, and no authorized person can provide consent. ‘Emergency services’ refer to necessary services to avoid serious harm. ‘Exploitation’ refers to the illegal or improper use of an incapacitated or dependent adult or their resources for another’s profit or advantage. ‘Financial exploitation’ specifically involves the use of deception, intimidation, undue influence, force, or other unlawful means to control the property of a dependent adult. The chapter defines ‘incapacitated adult’ as an adult who lacks the ability to meet essential requirements for physical health, safety, or self-care, even with technological assistance. ‘Neglect’ refers to a threat to an adult’s health or welfare through physical or mental injury, deprivation of essential needs, or lack of protection. ‘Protective services’ are services that separate incapacitated or dependent adults from danger, including social, medical, and psychiatric services. The chapter also includes a definition of ‘serious harm,’ which encompasses serious physical or mental injury, sexual abuse or exploitation, and serious waste or dissipation of resources. Overall, this chapter establishes the framework for adult protective services in Maine and sets the definitions for key terms used throughout the Act.
Whom does it apply to?
This chapter applies to adults who have attained 18 years of age or who are legally emancipated minors, as well as caretakers responsible for the care of an adult.
What does it govern?
This chapter governs the Adult Protective Services Act, which aims to protect adults from abuse, neglect, and exploitation.
What are exemptions?
No exemptions are mentioned.
What are the Penalties?
No specific penalties are mentioned in this chapter.
Jurisdiction
Maine