LD 1765
pg. 3
Page 2 of 10 An Act To Clarify the Responsibilities under the Adult Protective Services Act ... Page 4 of 10
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LR 2644
Item 1

 
Protective services may include seeking guardianship or a
protective order under Title 18-A, Article V 5.

 
13. Serious harm. "Serious harm" means:

 
A. Serious physical injury or impairment;

 
B. Serious mental injury or impairment, which that now or
in the future is likely to be evidenced by serious mental,
behavioral or personality disorder, including, but not
limited to, severe anxiety, depression or withdrawal,
untoward aggressive behavior or similar serious
dysfunctional behavior; or

 
C. Sexual abuse or sexual exploitation.; or

 
D.__Serious waste or dissipation of resources.

 
15. Sexual abuse or sexual exploitation. "Sexual abuse or
sexual exploitation" means contact or interaction of a sexual
nature involving an incapacitated or dependent adult without that
adult's informed consent.

 
Sec. 2. 22 MRSA §3473, sub-§1, ¶¶A and B, as amended by PL 1991, c. 711,
§2, are further amended to read:

 
A. Protect abused, neglected or exploited incapacitated and
dependent adults from abuse, neglect and exploitation and
protect incapacitated and dependent adults in circumstances
which that present a substantial risk of abuse, neglect or
exploitation;

 
B. Prevent abuse, neglect or exploitation of incapacitated
and dependent adults;

 
Sec. 3. 22 MRSA §3473, sub-§2, ¶B, as enacted by PL 1981, c. 527, §2,
is amended to read:

 
B. Take appropriate action, including providing or
arranging for the provision of appropriate services and
making referrals to law enforcement; and

 
Sec. 4. 22 MRSA §3473, sub-§3, ¶¶A and B, as amended by PL 1991, c. 711,
§4, are further amended to read:

 
A. Matters relating to the performance of duties in
uncontested guardianship, or conservatorship or termination
of guardianship or conservatorship proceedings; and


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