State Codes and Statutes

Statutes > Maine > Title22 > Title22ch958-Asec0 > Title22sec3473

Title 22: HEALTH AND WELFARE

Subtitle 3: INCOME SUPPLEMENTATION HEADING: PL 1973, C. 790, §1 (AMD)

Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS

Chapter 958-A: ADULT PROTECTIVE SERVICES ACT HEADING: PL 1981, C. 527, §1 (NEW)

Subchapter 1: GENERAL PROVISIONS HEADING: PL 1981, C. 527, §1 (NEW)

§3473. Authorizations

1. General. The department shall act to:

A. Protect incapacitated and dependent adults from abuse, neglect and exploitation and protect incapacitated and dependent adults in circumstances that present a substantial risk of abuse, neglect or exploitation; [2003, c. 653, §3 (AMD).]

B. Prevent abuse, neglect or exploitation of incapacitated and dependent adults; [2003, c. 653, §3 (AMD).]

C. Enhance the welfare of these incapacitated and dependent adults; and [1981, c. 527, §2 (NEW).]

D. Promote self-care wherever possible. [1981, c. 527, §2 (NEW).]

[ 2003, c. 653, §3 (AMD) .]

2. Reports. The department shall:

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; [1991, c. 711, §3 (AMD).]

B. Take appropriate action, including providing or arranging for the provision of appropriate services and making referrals to law enforcement; and [2003, c. 653, §4 (AMD).]

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. [1981, c. 527, §2 (NEW).]

[ 2003, c. 653, §4 (AMD) .]

3. Appearance of designated employees in Probate Court. The commissioner may designate employees of the department to represent the department in Probate Court in:

A. Matters relating to the performance of duties in uncontested guardianship or conservatorship or termination of guardianship or conservatorship proceedings; and [2003, c. 653, §5 (AMD).]

B. Requests for emergency guardianships arising from the need for emergency medical treatment or placement in assisted living programs, residential care facilities or nursing facilities or for orders necessary to apply for or preserve an estate in emergency situations. [2003, c. 653, §5 (AMD).]

[ 2003, c. 653, §5 (AMD) .]

SECTION HISTORY

1981, c. 527, §2 (NEW). 1989, c. 858, §5 (AMD). 1991, c. 711, §§2-4 (AMD). 2003, c. 653, §§3-5 (AMD).

State Codes and Statutes

Statutes > Maine > Title22 > Title22ch958-Asec0 > Title22sec3473

Title 22: HEALTH AND WELFARE

Subtitle 3: INCOME SUPPLEMENTATION HEADING: PL 1973, C. 790, §1 (AMD)

Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS

Chapter 958-A: ADULT PROTECTIVE SERVICES ACT HEADING: PL 1981, C. 527, §1 (NEW)

Subchapter 1: GENERAL PROVISIONS HEADING: PL 1981, C. 527, §1 (NEW)

§3473. Authorizations

1. General. The department shall act to:

A. Protect incapacitated and dependent adults from abuse, neglect and exploitation and protect incapacitated and dependent adults in circumstances that present a substantial risk of abuse, neglect or exploitation; [2003, c. 653, §3 (AMD).]

B. Prevent abuse, neglect or exploitation of incapacitated and dependent adults; [2003, c. 653, §3 (AMD).]

C. Enhance the welfare of these incapacitated and dependent adults; and [1981, c. 527, §2 (NEW).]

D. Promote self-care wherever possible. [1981, c. 527, §2 (NEW).]

[ 2003, c. 653, §3 (AMD) .]

2. Reports. The department shall:

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; [1991, c. 711, §3 (AMD).]

B. Take appropriate action, including providing or arranging for the provision of appropriate services and making referrals to law enforcement; and [2003, c. 653, §4 (AMD).]

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. [1981, c. 527, §2 (NEW).]

[ 2003, c. 653, §4 (AMD) .]

3. Appearance of designated employees in Probate Court. The commissioner may designate employees of the department to represent the department in Probate Court in:

A. Matters relating to the performance of duties in uncontested guardianship or conservatorship or termination of guardianship or conservatorship proceedings; and [2003, c. 653, §5 (AMD).]

B. Requests for emergency guardianships arising from the need for emergency medical treatment or placement in assisted living programs, residential care facilities or nursing facilities or for orders necessary to apply for or preserve an estate in emergency situations. [2003, c. 653, §5 (AMD).]

[ 2003, c. 653, §5 (AMD) .]

SECTION HISTORY

1981, c. 527, §2 (NEW). 1989, c. 858, §5 (AMD). 1991, c. 711, §§2-4 (AMD). 2003, c. 653, §§3-5 (AMD).


State Codes and Statutes

State Codes and Statutes

Statutes > Maine > Title22 > Title22ch958-Asec0 > Title22sec3473

Title 22: HEALTH AND WELFARE

Subtitle 3: INCOME SUPPLEMENTATION HEADING: PL 1973, C. 790, §1 (AMD)

Part 2: AGED, BLIND, DISABLED OR MEDICALLY INDIGENT PERSONS

Chapter 958-A: ADULT PROTECTIVE SERVICES ACT HEADING: PL 1981, C. 527, §1 (NEW)

Subchapter 1: GENERAL PROVISIONS HEADING: PL 1981, C. 527, §1 (NEW)

§3473. Authorizations

1. General. The department shall act to:

A. Protect incapacitated and dependent adults from abuse, neglect and exploitation and protect incapacitated and dependent adults in circumstances that present a substantial risk of abuse, neglect or exploitation; [2003, c. 653, §3 (AMD).]

B. Prevent abuse, neglect or exploitation of incapacitated and dependent adults; [2003, c. 653, §3 (AMD).]

C. Enhance the welfare of these incapacitated and dependent adults; and [1981, c. 527, §2 (NEW).]

D. Promote self-care wherever possible. [1981, c. 527, §2 (NEW).]

[ 2003, c. 653, §3 (AMD) .]

2. Reports. The department shall:

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; [1991, c. 711, §3 (AMD).]

B. Take appropriate action, including providing or arranging for the provision of appropriate services and making referrals to law enforcement; and [2003, c. 653, §4 (AMD).]

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. [1981, c. 527, §2 (NEW).]

[ 2003, c. 653, §4 (AMD) .]

3. Appearance of designated employees in Probate Court. The commissioner may designate employees of the department to represent the department in Probate Court in:

A. Matters relating to the performance of duties in uncontested guardianship or conservatorship or termination of guardianship or conservatorship proceedings; and [2003, c. 653, §5 (AMD).]

B. Requests for emergency guardianships arising from the need for emergency medical treatment or placement in assisted living programs, residential care facilities or nursing facilities or for orders necessary to apply for or preserve an estate in emergency situations. [2003, c. 653, §5 (AMD).]

[ 2003, c. 653, §5 (AMD) .]

SECTION HISTORY

1981, c. 527, §2 (NEW). 1989, c. 858, §5 (AMD). 1991, c. 711, §§2-4 (AMD). 2003, c. 653, §§3-5 (AMD).