Maine Revised Statutes > Title 22 > Subtitle 3 > Part 2 > Chapter 958-A – Adult Protective Services Act
Current as of: 2023 | Check for updates
|
Other versions
Terms Used In Maine Revised Statutes > Title 22 > Subtitle 3 > Part 2 > Chapter 958-A - Adult Protective Services Act
- Ability to pay: means that the resources of the defendant and his dependents, including all available income and resources, are sufficient to provide the defendant and his dependents with a reasonable subsistence compatible with health and decency. See Maine Revised Statutes Title 14 Sec. 3141
- Abuse: includes acts and omissions. See Maine Revised Statutes Title 22 Sec. 3472
- Adult: means any person who has attained 18 years of age or who is a legally emancipated minor. See Maine Revised Statutes Title 22 Sec. 3472
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- agency: means any unit of State Government or local government, including any state board or commission, and the Legislature and its committees and subcommittees, but not including the judicial branch, the University of Maine System, the Maine Community College System and the Maine Maritime Academy. See Maine Revised Statutes Title 5 Sec. 92-A
- Agency records: means records of government agencies to which they retain legal title, but that have been transferred to the custody of the Maine State Archives to effect economies and efficiency in their storage and use pending their ultimate disposition as authorized by law. See Maine Revised Statutes Title 5 Sec. 92-A
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Applicant: means :
A. See Maine Revised Statutes Title 24-A Sec. 5001Applicant: means :
A. See Maine Revised Statutes Title 24-A Sec. 5072Archives: means government records that have been determined by the State Archivist, with advice from the Archives Advisory Board, to have sufficient value to warrant their continued preservation and that are in the physical and legal custody of the Maine State Archives. See Maine Revised Statutes Title 5 Sec. 92-A Arrest: Taking physical custody of a person by lawful authority. Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account. Average final compensation: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Bailiff: a court officer who enforces the rules of behavior in courtrooms. Beneficiary: means a person or persons designated by a member to receive a benefit under this Part or a person otherwise entitled to receive a benefit under this Part. See Maine Revised Statutes Title 5 Sec. 17001 Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC Benefit: means any payment made, or required to be made, to a beneficiary under chapter 423, subchapter V or chapter 425, subchapter V. See Maine Revised Statutes Title 5 Sec. 17001 Bequest: Property gifted by will. Board: means the Manufactured Housing Board. See Maine Revised Statutes Title 10 Sec. 9002 Caretaker: means any individual or institution who has or assumes the responsibility for the care of an adult. See Maine Revised Statutes Title 22 Sec. 3472 Certificate: means any certificate delivered or issued for delivery in this State under a group Medicare supplement policy. See Maine Revised Statutes Title 24-A Sec. 5001 Certificate: means any certificate issued under a group long-term care insurance policy. See Maine Revised Statutes Title 24-A Sec. 5072 Chief executive officer: means the Chief Executive Officer of the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001 Commissioner: means the Commissioner of Health and Human Services or a designated representative in the geographical area in which the person resides or is present. See Maine Revised Statutes Title 22 Sec. 3472 Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action. Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant. Continuance: Putting off of a hearing ot trial until a later time. Conviction: A judgement of guilt against a criminal defendant. Deed: The legal instrument used to transfer title in real property from one person to another. Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime. Dependent: A person dependent for support upon another. Dependent adult: includes , but is not limited to, any of the following:
A. See Maine Revised Statutes Title 22 Sec. 3472Devise: To gift property by will. Disabled: means that the member is mentally or physically incapacitated under the following conditions:
A. See Maine Revised Statutes Title 5 Sec. 18521Dismissal: The dropping of a case by the judge without further consideration or hearing. Source: Educated health care consumer: means an individual who is knowledgeable about the health care system, has no financial interest in the delivery of health care services or sale of health insurance and has a background or experience in making informed decisions regarding health, medical or scientific matters. See Maine Revised Statutes Title 22 Sec. 5402 Electronic record: means a record whose content is not readable unless retrieved by means of an electronic device such as a computer or an audio or video player. See Maine Revised Statutes Title 5 Sec. 92-A Emergency: refers to a situation in which:
A. See Maine Revised Statutes Title 22 Sec. 3472Emergency services: refers to those services necessary to avoid serious harm. See Maine Revised Statutes Title 22 Sec. 3472 Employment position: means :
A. See Maine Revised Statutes Title 5 Sec. 18521Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other. Ex officio: Literally, by virtue of one's office. Exploitation: means the illegal or improper use of an incapacitated or dependent adult or that adult's resources for another's profit or advantage. See Maine Revised Statutes Title 22 Sec. 3472 Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state. Federal Affordable Care Act: means the federal Patient Protection and Affordable Care Act, Public Law 111-148, as amended by the federal Health Care and Education Reconciliation Act of 2010, Public Law 111-152, and any amendments to or regulations or guidance issued under those acts. See Maine Revised Statutes Title 22 Sec. 5402 Fiduciary: A trustee, executor, or administrator. Financial exploitation: means the use of deception, intimidation, undue influence, force or other unlawful means to obtain control over the property of a dependent adult for another's profit or advantage. See Maine Revised Statutes Title 22 Sec. 3472 fine: includes any surcharge or assessment required by law to be imposed as all or part of a sentence for a criminal conviction and any other costs or other fees the court assesses or imposes against a defendant in any civil or criminal adjudication, including appointed counsel fees and restitution. See Maine Revised Statutes Title 14 Sec. 3141 Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006. Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC Fraud: Intentional deception resulting in injury to another. Germane: On the subject of the pending bill or other business; a strict standard of relevance. Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value. Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage, Group long-term care insurance policy: means a long-term care insurance policy that is delivered or issued for delivery in this State to an employer group, private purchasing alliance, labor union group, association group, trustee group, credit union group or other group as described in chapter 35. See Maine Revised Statutes Title 24-A Sec. 5072 health insurance: means insurance of human beings against bodily injury, disablement or death by accident or accidental means, or the expense thereof, or against disablement or expense resulting from sickness, and every insurance appertaining thereto, including provision for the mental and emotional welfare of human beings by defraying the costs of legal services only to the extent provided for in chapter 38. See Maine Revised Statutes Title 24-A Sec. 704 in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72 Incapacitated adult: means an adult who is unable to receive and evaluate information or make or communicate informed decisions to such an extent that the adult lacks the ability to meet essential requirements for physical health, safety or self-care, even with reasonably available appropriate technological assistance. See Maine Revised Statutes Title 22 Sec. 3472 Inhabitant: means a person having an established residence in a place. See Maine Revised Statutes Title 1 Sec. 72 Issuer: includes insurance companies, fraternal benefit societies, health care service plans, health maintenance organizations and any other entity delivering or issuing for delivery in this State Medicare supplement policies or certificates. See Maine Revised Statutes Title 24-A Sec. 5001 lands: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Lien: A claim against real or personal property in satisfaction of a debt. Local district: means :
A. See Maine Revised Statutes Title 5 Sec. 17001Local government: means a municipality, county, school district or other special-purpose district or multi-purpose district. See Maine Revised Statutes Title 5 Sec. 92-A Long-term care insurance policy: includes individual and group annuities and life insurance policies or riders that directly provide or that supplement coverage for long-term care insurance and a policy or rider that provides for payment of benefits based upon cognitive impairment or the loss of functional capacity. See Maine Revised Statutes Title 24-A Sec. 5072 Long-term care policy: means a group or individual policy of health insurance, a subscriber contract of a nonprofit hospital or medical service organization or nonprofit health care plan or a life insurance rider which is advertised, marketed or designed primarily to provide coverage for not less than 12 consecutive months for each covered person on an expense-incurred basis, indemnity basis, prepaid or other basis for one or more necessary or medically necessary diagnostic, preventive, therapeutic, rehabilitative, maintenance or personal care services, provided in a setting other than an acute care unit of a hospital. See Maine Revised Statutes Title 24-A Sec. 5051 Majority: when used in reference to age shall mean the age of 18 and over. See Maine Revised Statutes Title 1 Sec. 72 Manufactured home: means a structure, transportable in one or more sections, that is 8 body feet or more in width and is 32 body feet or more in length and that is built on a permanent chassis and designed to be used as a dwelling with or without a permanent foundation when connected to the required utilities and includes the plumbing, heating, air conditioning and electrical systems contained therein. See Maine Revised Statutes Title 10 Sec. 9081 Manufactured housing: means for the purpose of this subchapter, a structure, transportable in one or more sections, which, in the traveling mode, is 8 body feet or more in width, and 40 body feet or more in length, or, when erected on site, is 320 or more square feet, and which is built on a permanent chassis and designed to be used as a dwelling, with or without a permanent foundation when connected to the required utilities, including the plumbing, heating, air-conditioning and electrical systems contained therein; except that the term shall include any structure which meets all the requirements of this subsection except the size requirements and with respect to which the manufacturer voluntarily files a certification required by the Secretary of the United States Department of Housing and Urban Development and complies with the standards established under the National Manufactured Housing Construction and Safety Standards Act of 1974, 42 United States Code 5401, et seq. See Maine Revised Statutes Title 10 Sec. 9061 Manufactured housing: means a structural unit or units designed to be used as a dwelling or dwellings and constructed in a manufacturing facility and then transported by the use of its own chassis or placement on an independent chassis to a building site. See Maine Revised Statutes Title 10 Sec. 9002 Manufactured housing community: means a parcel or adjoining parcel of land, under single ownership, that has been planned and improved for the placement of 3 or more manufactured homes, but does not include a construction camp. See Maine Revised Statutes Title 10 Sec. 9081 Marketplace: means the Maine Health Insurance Marketplace established by this chapter. See Maine Revised Statutes Title 22 Sec. 5402 Marketplace trust fund: means the Maine Health Insurance Marketplace Trust Fund established by this chapter. See Maine Revised Statutes Title 22 Sec. 5402 Medicare: means the "Health Insurance for the Aged Act" Title XVIII of the Social Security Amendments of 1965, as amended. See Maine Revised Statutes Title 24-A Sec. 5001 Medicare supplement policy: means a group or individual policy of accident and sickness insurance or a subscriber contract of a nonprofit hospital or medical service organization or nonprofit health care plan or health maintenance organization other than a policy issued pursuant to a contract under the federal Social Security Act, 42 United States Code § 1395, et seq. See Maine Revised Statutes Title 24-A Sec. 5001 Member: means any person included in the membership of a retirement program of the retirement system, as provided in chapter 423, subchapter 2, or chapter 425, subchapter 2. See Maine Revised Statutes Title 5 Sec. 17001 Month: means a calendar month. See Maine Revised Statutes Title 1 Sec. 72 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. See Maine Revised Statutes Title 22 Sec. 3472 Nursing home: means any facility located in this State which is licensed by the Department of Health and Human Services as a skilled nursing facility or intermediate care facility and any equivalent facility located in another state or country and licensed according to the laws of that jurisdiction. See Maine Revised Statutes Title 24-A Sec. 5051 Nursing home care policy: means a group or individual policy of health insurance or a subscriber contract of a nonprofit hospital or medical service organization or nonprofit health care plan which is advertised, marketed or designed primarily to provide benefits on either an expense-incurred or indemnity basis for confinements or costs associated with confinements of a covered person in a nursing home. See Maine Revised Statutes Title 24-A Sec. 5051 Oath: includes an affirmation, when affirmation is allowed. See Maine Revised Statutes Title 1 Sec. 72 Oath: A promise to tell the truth. Open enrollment period: means the 6-month period beginning when an individual of any age first enrolls for benefits under Medicare Part B and the 6-month period beginning on the 65th birthday of an individual who has enrolled for benefits under Medicare Part B before turning 65 years of age. See Maine Revised Statutes Title 24-A Sec. 5001 Oversight: Committee review of the activities of a Federal agency or program. Person: means an individual or entity, including but not limited to a corporation, partnership, firm, organization, company, homeowner, consumer or purchaser. See Maine Revised Statutes Title 10 Sec. 9002 Personal property: All property that is not real property. Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC Presiding officer: A majority-party Senator who presides over the Senate and is charged with maintaining order and decorum, recognizing Members to speak, and interpreting the Senate's rules, practices and precedents. Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Protective services: means services that separate incapacitated or dependent adults from danger. See Maine Revised Statutes Title 22 Sec. 3472 Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Real estate: includes lands and all tenements and hereditaments connected therewith, and all rights thereto and interests therein. See Maine Revised Statutes Title 1 Sec. 72 Record: includes records of historic and archival value to the State, regardless of the date of their generation, including all documents determined to have such value to the State by statute and, when appropriate, by the State Archivist. See Maine Revised Statutes Title 5 Sec. 92-A Records retention schedule: means a policy document that defines the minimum time a record must be retained and contains disposition instructions on how the record must be handled when no longer needed for agency business. See Maine Revised Statutes Title 5 Sec. 92-A registered mail: when used in connection with any requirement for notice by mail shall mean either registered mail or certified mail. See Maine Revised Statutes Title 1 Sec. 72 Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals). Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action. Retirement: means termination of membership with a retirement allowance granted under this chapter. See Maine Revised Statutes Title 5 Sec. 17001 Retirement benefit: means the same as retirement allowance. See Maine Revised Statutes Title 5 Sec. 17001 Retirement system: means the Maine Public Employees Retirement System. See Maine Revised Statutes Title 5 Sec. 17001 Serious harm: means :
A. See Maine Revised Statutes Title 22 Sec. 3472Service: means service as an employee for which compensation was paid. See Maine Revised Statutes Title 5 Sec. 17001 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. See Maine Revised Statutes Title 22 Sec. 3472 Statute: A law passed by a legislature. Summons: Another word for subpoena used by the criminal justice system. Superintendent: means the Superintendent of Insurance. See Maine Revised Statutes Title 24-A Sec. 5001 Superintendent: means the Superintendent of Insurance. See Maine Revised Statutes Title 22 Sec. 5402 Town: includes cities and plantations, unless otherwise expressed or implied. See Maine Revised Statutes Title 1 Sec. 72 Undue influence: means the misuse of real or apparent authority or the use of manipulation by a person in a trusting, confidential or fiduciary relationship with a person who is a dependent adult or an incapacitated adult. See Maine Revised Statutes Title 22 Sec. 3472 User fees: Fees charged to users of goods or services provided by the government. In levying or authorizing these fees, the legislature determines whether the revenue should go into the treasury or should be available to the agency providing the goods or services. Venue: The geographical location in which a case is tried. Victim advocate: work with prosecutors and assist the victims of a crime. Writ: A formal written command, issued from the court, requiring the performance of a specific act.