. "Appendix B: Analysis of Elder Abuse and Neglect Definitions Under State Law." Elder Mistreatment: Abuse, Neglect, and Exploitation in an Aging America. Washington, DC: The National Academies Press, 2003.
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Elder Mistreatment: Abuse, Neglect, and Exploitation in an Aging America
“Elderly abuse” under § 46:61 means abuse of any person 60 years of age or older and shall include the abuse of any infirm person residing in a state licensed facility.
“Neglect” under § 14:403.2 is the failure, by a caregiver responsible for an adult’s care or by other parties, to provide the proper or necessary support or medical, surgical, or any other care necessary for his well-being. No adult who is being provided treatment in accordance with a recognized religious method of healing in lieu of medical treatment shall for that reason alone be considered to be neglected or abused.
“Exploitation” under § 14:403.2 is the illegal or improper use or management of an aged person’s or disabled adult’s funds, assets, or property, or the use of an aged person’s or disabled adult’s power of attorney or guardianship for one’s own profit or advantage.
“Adult” under § 14:403.2 is any person 60 years of age or older, any disabled person 18 years of age or older, or an emancipated minor.
“Caregiver” under § 14:403.2 is any person or persons, either temporarily or permanently, responsible for the care of an aged person or a physically or mentally disabled adult. Caregiver includes but is not limited to adult children, parents, relatives, neighbors, day care personnel, adult foster home sponsors, personnel of public and private institutions and facilities, adult congregate living facilities, and nursing homes which have voluntarily assumed the care of an aged person, or disabled adult, have assumed voluntary residence with an aged person or disabled adult, or have assumed voluntary use or tutelage of an aged or disabled person’s assets, funds, or property, and specifically shall include city, parish, or state law enforcement agencies.
MAINE: 22 M.R.S. § 3472 (2000)
“Abuse” means the infliction of injury, unreasonable confinement, intimidation, or cruel punishment with resulting physical harm or pain or mental anguish; sexual abuse or exploitation; or the willful deprivation of essential needs.
Defined separately: Sexual abuse or exploitation means contact or interaction of a sexual nature involving an incapacitated or dependent adult without that adult’s consent.