- Familiarize yourself with the role of Adult Protective Services.
- Understand the definitions and indicators of abuse, neglect and exploitation. In order to
talk about what is reportable, you must begin with definitions of an incapacitated or dependent
- Any adult who is impaired by reason of mental illness, mental deficiency, physical illness
or disability to the extent that that individual lacks sufficient understanding or capacity
to make or communicate responsible decisions concerning that individual’s person, or
to the extent the adult can not effectively manage or apply that individual’s estate
to necessary ends.
(Title 17-A; Section 555)
- A dependent adult is one who has a physical or mental condition that substantially impairs
the adult’s ability to adequately provide for that adult’s daily needs. This
includes a resident of a nursing home or assisted living facility. It also includes a person
considered a dependent person under Title 17-A;section 555.
- Adults are presumed to have capacity to give informed consent unless found
not to have capacity to make decisions by a Probate Judge in a guardianship hearing. Guardianship
will be discussed later.
- Informed consent is a decision made with all the relevant information about
the issue, with an understanding of the consequences of a decision, and in the absence of
- Adults have the right to make their own decisions regardless of how others
view those decisions. For example, a competent brittle diabetic who understands the importance
of a diet yet chooses not to follow that diet is using poor judgment.
- Due to physical or mental impairment, dependent adults require the assistance
of others to meet their daily needs.