Abuse, Neglect and Exploitation (an Overview)

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What Is Adult Abuse, Neglect, Exploitation?

Abuse, neglect and exploitation of adults happens in Maine. Many people are uncomfortable talking about these problems, especially if the abuser is a family member or friend. Help is available if people are aware of the problem and take steps to report it.

Abuse includes actions which result in bodily harm, pain or mental distress.

Examples of abuse are:

pushing, hitting, shaking, pulling hair
tying to a bed or chair or locking in a room
forcing into sexual activity
giving the wrong medicine or too much medicine on purpose
denying visits with friends or family
name calling, harassment or verbal threats.

Neglect is a failure to provide care and services when an adult is unable to care for him or herself. Neglect may be at the hands of someone else or it may be self neglect. Neglect includes failure to provide:

adequate shelter, clothes or food
personal care
medical attention or necessary medication
necessities such as glasses, dentures, hearing aides, walkers.

Exploitation is the illegal or improper use of an adult’s money or property for another person’s profit or advantage. Examples of exploitation include:

forcing an adult to change a will or sign over control of assets
forcing an adult to sell or give away property or possessions
keeping the adult’s pension or social security check.

What Conditions Contribute to Abuse, Neglect or Exploitation

Misunderstanding of an adult’s physical or emotional needs or abilities
Stress because of financial, family, marital or health problems
Alcohol or drug abuse
Mental illness
Lack of training or education
Social isolation

What Are Adult Protective Services?

Adult Protective Services is a program within the Office of Elder Services. The Office is part of the Department of Health and Human Services. Its purpose is to provide and arrange for services to protect adults who are unable to protect themselves from abuse, neglect or exploitation. If the person has mental retardation, services are provided by the Department of Behavioral and Developmental Services. If the person has mental retardation, services are provided by the Department of Behavioral and Developmental Services.

Who May Receive These Services

Any dependent or incapacitated adult who may be in danger of abuse, neglect or exploitation may receive assistance from Adult Protective Services. A dependent adult is a person who is wholly or partially dependent upon other people for care and support, either emotional or physical, and who would be in danger if that care and support were withdrawn. An incapacitated adult is a person who lacks sufficient understanding to make or communicate decisions about his or her own person or property. These adults may need someone else to make some or all of their decisions for them.

Clients of Adult Protective Services may include:

frail or vulnerable elders
people with mental illness
those with alcohol or drug abuse problems
those with medical problems or disabilities.

What Can Adult Protective Services Staff Do?

Investigate reports of abuse, neglect or exploitation.
Arrange services to help make adults safe.
Arrange services to allow adults the most personal freedom possible.
Seek guardianship and/or conservatorship of adults who are unable to make decisions for themselves and who have no family or friend able to make these decisions for them.

Guardianship and/or Conservatorship

Guardianship and conservatorship provide protection and care for incapacitated adults. Only a Probate Court can declare an adult to be incapacitated and appoint a guardian or conservator.

The Department of Health and Human Services and the Department of Behavioral and Developmental Services can provide information and help with guardianship and conservatorship for an incapacitated adult who may be in danger of abuse, neglect or exploitation. Any able and willing adult may be a guardian or conservator. If there is no private individual able and willing to assume the responsibility, then either the Department of Human Services or the Department of Behavioral and Developmental Services may be appointed as public guardian or conservator.

What Can You Do to Help?

Learn the facts about adult abuse, neglect and exploitation.
Report suspected cases of abuse, neglect or exploitation.
Invite a speaker to your group or club to discuss the issue.
Share this information with others.

Mandatory Reporting of Adult Abuse, Neglect or Exploitation

Maine law states that certain people must report suspected abuse, neglect or exploitation of an adult if they believe the adult is incapacitated or dependent.

Persons convicted of failing to report may be fined up to $500. If the person is a professional, the court or the Department also will report to that person’s licensing board or accrediting unit.

Individuals Who Must Report:

Ambulance Attendant	Occupational Therapist
Certified Nursing Assistant	Pharmacist
Chiropractor	Physical Therapist
Clergy Physician (M.D. and D.O.)	Dentist Physician’s Assistant
Emergency Medical Technician	Podiatrist
Emergency Room Personnel	Psychologist
Humane Agent	Registered Nurse
Law Enforcement	Official Social Worker
Licensed Practical Nurse	Speech Therapist
Medical Examiner	Unlicensed Assistive Personnel* *(includes Personal Care Assistant/PCA)
Medical Intern
Mental Health Professional

Other Individuals:

Any person who has assumed full, intermittent or occasional responsibility for the care or custody of an incapacitated or dependent adult, whether or not the person receives compensation; or

Any person affiliated with a church or religious institution who serves in an administrative capacity or has otherwise assumed a position of trust or responsibility to the members of that church or religious institution, while acting in that capacity, whether or not the person receives compensation

Optional Reporting

Anyone may report suspicion of abuse, neglect or exploitation of a person who is incapacitated or dependent. Making a report is a first step toward providing protection for the adult.

Immunity

Anyone who makes a report in good faith is protected under the law if someone files a suit in a civil court.

Confidentiality

Adult Protective Services maintains confidentiality of reporters except in very limited circumstances.

What to Report?

Give as much information as you can:

The adult’s name, address and age
Any known physical or mental impairment
Nature and extent of the danger to the adult
Name of the caretaker, if any
Any other information related to the problem.

Where to Report to Adult Protective Services

To make a report of abuse, neglect or exploitation of an incapacitated or dependent adult, call Adult Protective Services at:

Nationwide 24-hour, toll-free

1-800-624-8404

TTY 1-800-606-0215

To report abuse, neglect or exploitation in a facility licensed by the Department of Health and Human Services, call:

Statewide toll-free 1-800-383-2441 TTY 800-606-0215

Where to Report

To make a report of abuse, neglect or exploitation of an adult with mental retardation, call the Department of Behavioral and Developmental Services Regional Office at:

Portland Office, Region 1 (York & Cumberland)	207-822-0270
Augusta Office, Region 2 (Kennebec & Somerset)	207-287-2205 1-800-232-0944
Lewiston Office (Androscoggin, Franklin & Oxford)	207-753-9100 1-800-866-1803
Thomaston Office (Knox, Lincoln, Sagadahoc & Waldo)	207-596-2300 1-800-704-8999
Bangor Office, Region 3 (Hancock, Piscataquis, Penobscot, Washington)	207-941-4360 1-800-963-9491
Presque Isle Office (Aroostook)	207-554-2100 1-800-767-9857

For reporting after business hours, call the CRISIS NUMBER at 1-888-568-1112
All offices can be reached via TTY at 1-800-606-0215

OFFICE INFORMATION

Other DHHS Units