Sec. 1. 9-B MRSA c. 17 is enacted to read:

CHAPTER 17

REPORTING OF ELDER OR DEPENDENT ADULT FINANCIAL ABUSE

§171.__Short title

This chapter may be known and cited as "the Elder and Dependent Adult Financial Abuse Reporting Act of 2006."

§172.__Reporting of suspected financial abuse of elder or

dependent adult required

1.__Definitions.__As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.

A.__"Dependent adult" means a person 18 years of age or older and under 65 years of age who resides in this State and has physical or mental limitations that restrict the person's ability to carry out normal activities or to protect the person's rights, including, but not limited to, persons who have physical or developmental disabilities or whose physical or mental abilities have diminished because of age.

B.__"Elder" means any person residing in this State who is 65 years of age or older.

C.__"Financial abuse of an elder or a dependent adult" means that a person or entity:

(1)__Takes, secretes, appropriates or retains real or personal property of an elder or a dependent adult for a wrongful use or with intent to defraud, or both; or

(2)__Assists in taking, secreting, appropriating or retaining real or personal property of an elder or a dependent adult for a wrongful use or with intent to defraud, or both.

A person or entity is deemed to have taken, secreted, appropriated or retained property for a wrongful use if, among other things, the person or entity takes, secretes, appropriates or retains possession of the property in bad faith.