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> Adult Protective Services > Abuse, Neglect and Exploitation
Adult Abuse, Neglect, and ExploitationMicrosoft Word or Adobe PDF (*free viewer) 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.
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:
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:
keeping the adult’s pension or social security check. What Conditions Contribute to Abuse, Neglect or Exploitation
What Are Adult Protective Services?Adult Protective Services is a program within the Office of Elder 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 DHHS/Office of Adults with Cognitive and Physical Disability Services. Who May Receive These ServicesAny 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 has a physical or mental condition that substantially impairs the adult’s ability to adequately provide for their daily needs. 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.
Mandatory Reporting of Adult Abuse, Neglect or ExploitationMaine 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 Directly Report:While acting in a professional capacity:
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 ReportingAnyone 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. ImmunityAnyone who makes a report in good faith is protected under the law if someone files a suit in a civil court. ConfidentialityAdult Protective Services maintains confidentiality of reporters except in very limited circumstances. What to Report?Give as much information as you can:
What Can Adult Protective Services Staff Do?
Guardianship and/or ConservatorshipGuardianship 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 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 the Department of Health and Human Services may be appointed as public guardian or conservator. What Can You Do to Help?
Where to Report to Adult Protective ServicesTo make a report of abuse, neglect or exploitation of an incapacitated or dependent adult, call Nationwide 24-hour, toll-free TTY (during business hours) 1-800-606-0215 Adults with Mental Retardation
To make a report of abuse, neglect or exploitation of an adult
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