LD 1606
pg. 2
Page 1 of 11 An Act To Amend the Adult Protective Services Act Page 3 of 11
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LR 1946
Item 1

 
mentally retarded adults with mental retardation, the Commissioner
of Behavioral and Developmental Services or a designated
representative in the geographical area in which the person resides
or is present.

 
5. Department. "Department" means either the Department of
Human Services or, in the case of mentally retarded adults with
mental retardation, the Department of Behavioral and
Developmental Services.

 
6. Dependent adult. "Dependent adult" means any adult who is
wholly or partially dependent upon one or more other persons for
care or support, either emotional or physical, and who would be
in danger if that care or support were withdrawn.

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

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

 
B. The incapacitated adult or dependent vulnerable 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 adult or dependent a vulnerable
adult or his that adult's resources for another's profit or
advantage.

 
10. Incapacitated adult. "Incapacitated adult" means any
adult person who is impaired by reason of mental illness, mental
deficiency, physical illness or disability, chronic use of drugs,
chronic intoxication or other cause except minority to the extent
that that individual person lacks sufficient understanding or
capacity to make or communicate responsible decisions concerning
that individual's person's person, or to the extent the adult
person cannot can not effectively manage or apply that
individual's person'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.
"Neglect" includes self-neglect.


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