Maine Revised Statutes > Title 34-B > Chapter 3 > Subchapter 4 > Article 3 – Involuntary Hospitalization
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Terms Used In Maine Revised Statutes > Title 34-B > Chapter 3 > Subchapter 4 > Article 3 - Involuntary Hospitalization
- ACT: means a self-contained service with a fixed point of responsibility for providing treatment, rehabilitation and support services to persons with mental illness for whom other community-based treatment approaches have been unsuccessful. See Maine Revised Statutes Title 34-B Sec. 3801
- active state service: means all military duty performed as a member of the state military forces pursuant to this Title or the United States Code, Title 32. See Maine Revised Statutes Title 37-B Sec. 101-A
- Adult: means a person who has attained the age of 18 years. See Maine Revised Statutes Title 1 Sec. 72
- 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.
- 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.
- 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
- Chief administrative officer: means the head of a state institution or the head of any other institution which provides services which fall under the jurisdiction of the department. See Maine Revised Statutes Title 34-B Sec. 1001
- Commissioner: means the Commissioner of Health and Human Services or the commissioner's designee, except that when the term "commissioner and only the commissioner" is used, the term applies only to the person appointed Commissioner of Health and Human Services and not to any designee. See Maine Revised Statutes Title 34-B Sec. 1001
- Continuance: Putting off of a hearing ot trial until a later time.
- Contract: A legal written agreement that becomes binding when signed.
- Conviction: A judgement of guilt against a criminal defendant.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Decedent: A deceased person.
- Department: means the Department of Health and Human Services. See Maine Revised Statutes Title 34-B Sec. 1001
- Dependent: A person dependent for support upon another.
- Designated nonstate mental health institution: means a nonstate mental health institution that is under contract with the department for receipt by the hospital of involuntary patients. See Maine Revised Statutes Title 34-B Sec. 3801
- Devise: To gift property by will.
- Docket: A log containing brief entries of court proceedings.
- Donee: The recipient of a gift.
- 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.
- Executor: A male person named in a will to carry out the decedent
- Extradition: The formal process of delivering an accused or convicted person from authorities in one state to authorities in another state.
- Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
- Fraud: Intentional deception resulting in injury to another.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
- in writing: include printing and other modes of making legible words. See Maine Revised Statutes Title 1 Sec. 72
- Intestate: Dying without leaving a will.
- Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- 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
- Least restrictive form of transportation: means the vehicle used for transportation and any restraining devices that may be used during transportation that impose the least amount of restriction, taking into consideration the stigmatizing impact upon the individual being transported. See Maine Revised Statutes Title 34-B Sec. 3801
- Likelihood of serious harm: means :
A. See Maine Revised Statutes Title 34-B Sec. 3801Mentally ill person: includes persons suffering effects from the use of drugs, narcotics, hallucinogens or intoxicants, including alcohol. See Maine Revised Statutes Title 34-B Sec. 3801 Military forces: means the state military forces, as defined in section 102. See Maine Revised Statutes Title 37-B Sec. 101-A Municipality: includes cities, towns and plantations, except that "municipality" does not include plantations in Title 10, chapter 110, subchapter IV; or Title 30?A, Part 2. See Maine Revised Statutes Title 1 Sec. 72 Nonadverse party: means a person who does not have a substantial beneficial interest in the trust or other property arrangement that would be adversely affected by the exercise or nonexercise of the power that the person possesses respecting the trust or other property arrangement. See Maine Revised Statutes Title 18-C Sec. 2-201 Nonstate mental health institution: means a public institution, a private institution or a mental health center, which is administered by an entity other than the State and which is equipped to provide inpatient care and treatment for the mentally ill. See Maine Revised Statutes Title 34-B Sec. 3801 Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period. Patient: means a person under observation, care or treatment in a psychiatric hospital or residential care facility pursuant to this subchapter, a person receiving services from an assertive community treatment team, a person receiving intensive mental health management services from the department or a person being evaluated for emergency admission under section 3863 in a hospital emergency department. See Maine Revised Statutes Title 34-B Sec. 3801 power of appointment: includes a power to designate the beneficiary of a beneficiary designation. See Maine Revised Statutes Title 18-C Sec. 2-201 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 practitioner: means a licensed physician, licensed physician assistant, certified psychiatric clinical nurse specialist, certified nurse practitioner or licensed clinical psychologist. See Maine Revised Statutes Title 34-B Sec. 3801 Precedent: A court decision in an earlier case with facts and law similar to a dispute currently before a court. Precedent will ordinarily govern the decision of a later similar case, unless a party can show that it was wrongly decided or that it differed in some significant way. Presently exercisable general power of appointment: means a power of appointment under which, at the time in question, the decedent, whether or not the decedent then had the capacity to exercise the power, held a power to create a present or future interest in the decedent, the decedent's creditors, the decedent's estate or creditors of the decedent's estate, and includes a power to revoke or invade the principal of a trust or other property arrangement. See Maine Revised Statutes Title 18-C Sec. 2-201 Probable cause: A reasonable ground for belief that the offender violated a specific law. Probate: Proving a will program: means a program of court-ordered services provided to participants under section 3873?A. See Maine Revised Statutes Title 34-B Sec. 3801 Property: includes values subject to a beneficiary designation. See Maine Revised Statutes Title 18-C Sec. 2-201 Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government. Psychiatric hospital: means :
A. See Maine Revised Statutes Title 34-B Sec. 3801Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide. Quorum: The number of legislators that must be present to do business. 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 Resident: means a person residing in a state institution or in any other institution which provides services which fall under the jurisdiction of the department. See Maine Revised Statutes Title 34-B Sec. 1001 Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners. Right to income: includes a right to payments under a commercial or private annuity, an annuity trust, a unitrust or a similar arrangement. See Maine Revised Statutes Title 18-C Sec. 2-201 Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims. Severe and persistent mental illness: means a diagnosis of one or more qualifying mental illnesses or disorders plus a listed disability or functional impairment that has persisted continuously or intermittently or is expected to persist for at least one year as a result of that disease or disorder. See Maine Revised Statutes Title 34-B Sec. 3801 State mental health institute: means the Riverview Psychiatric Center or the Dorothea Dix Psychiatric Center. See Maine Revised Statutes Title 34-B Sec. 3801 Statute: A law passed by a legislature. Subpoena: A command to a witness to appear and give testimony. Testate: To die leaving a will. Testify: Answer questions in court. Testimony: Evidence presented orally by witnesses during trials or before grand juries. Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident. Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence. Trustee: A person or institution holding and administering property in trust. United States: includes territories and the District of Columbia. See Maine Revised Statutes Title 1 Sec. 72 Writ: A formal written command, issued from the court, requiring the performance of a specific act. Year: means a calendar year, unless otherwise expressed. See Maine Revised Statutes Title 1 Sec. 72