22 §5104. Definitions

Title 22: HEALTH AND WELFARE

Subtitle 4: HUMAN SERVICES

Part 1: SERVICES TO MAINE'S AGING AND ADULTS HEADING: PL 1989, C. 329, §6 (RPR)

Chapter 1451: GENERAL PROVISIONS

§5104. Definitions

For the purposes of this Act, unless the context otherwise indicates, the following words shall have the following meanings. [1973, c. 793, §3 (RPR).]

1. Agreement. "Agreement" means a legally binding document between 2 parties including such documents as are commonly referred to as accepted application, proposal, prospectus, contract, grant, joint or cooperative agreement or purchase of service.

[ 1973, c. 793, §3 (RPR) .]

1-A. Adult. "Adult" means any person who has attained the age of 18 years or who is a legally emancipated minor.

[ 1989, c. 329, §7 (NEW) .]

1-B. Aging, elderly or older person. "Aging, elderly or older person" are synonymous terms, and mean any person 60 years of age or older or any person otherwise described as elderly or older for the purpose of eligibility for assistance or services under specific federal or state laws and programs.

[ 1989, c. 329, §7 (NEW) .]

2. Bureau or state agency. "Bureau or state agency" means the Bureau of Elder and Adult Services, Maine Department of Health and Human Services.

[ 1989, c. 329, §8 (AMD); 2003, c. 689, Pt. B, §6 (REV) .]

3. Commissioner. "Commissioner" means the Commissioner, Maine Department of Health and Human Services, or his successors.

[ 1975, c. 293, §4 (AMD); 2003, c. 689, Pt. B, §7 (REV) .]

4. Committee. "Committee" means the Maine Committee on Aging.

[ 1973, c. 793, §3 (RPR) .]

5. Department. "Department" means the Maine Department of Health and Human Services.

[ 1975, c. 293, §4 (AMD); 2003, c. 689, Pt. B, §6 (REV) .]

5-A. Dependent adult. "Dependent adult" means any adult who is wholly or partially dependent upon one or more other persons for care or support, either emotional or physical, and who would be in danger if that care or support were withdrawn. For the purpose of this Part only, the term "dependent adult" excludes any adult who is mentally retarded.

[ 1989, c. 329, §9 (NEW) .]

6. Director. "Director" means the Director, Bureau of Elder and Adult Services, Department of Health and Human Services.

[ 1989, c. 329, §10 (AMD); 2003, c. 689, Pt. B, §6 (REV) .]

7. Elderly or older people.

[ 1989, c. 329, §11 (RP) .]

7-A. Incapacitated adult. "Incapacitated adult" means any adult who is impaired by reason of mental illness, mental deficiency, physical illness or disability to the extent that the adult lacks sufficient understanding or capacity to make or communicate responsible decisions concerning that individual's person, or to the extent the adult cannot effectively manage or apply that individual's estate to necessary ends. For the purpose of this Part only, the term "incapacitated adult" excludes any adult who is mentally retarded.

[ 1989, c. 329, §12 (NEW) .]

8. Nonprofit organization. "Nonprofit organization" means any agency, institution or organization which is, or is owned and operated by, one or more corporations or associations no part of the net earnings of which inures, or may lawfully inure, to the benefit of any private shareholder or individual and which has a territory of operations that may extend to a neighborhood or community region or the State.

[ 1989, c. 329, §13 (AMD) .]

9. Public. "Public" means municipal, county and other governmental bodies which are political subdivisions within the State of Maine.

[ 1973, c. 793, §3 (NEW) .]

10. Rural area. "Rural area" means a geographical area or place of less than 10,000 inhabitants. "Rural population" consists of all persons living in places of less than 10,000 inhabitants incorporated as cities, villages, boroughs and towns, including those persons living in the rural portions of extended cities, unincorporated places of less than 10,000 inhabitants and other territory, incorporated or unincorporated.

[ P&SL 1975, c. 90, §C, §1 (NEW) .]

11. Extended city. "Extended city" means a city containing one or more areas, each of at least 5 square miles in extent and with a population density of less than 100 persons per square mile according to the 1970 census. The area or areas shall constitute at least 25% of the land area of the legal city or total 5 square miles or more.

[ P&SL 1975, c. 90, §C, §1 (NEW) .]

SECTION HISTORY

1973, c. 630, §1 (NEW). 1973, c. 793, §3 (RPR). P&SL 1975, c. 90, §§SEC.C,1 (AMD). 1975, c. 293, §4 (AMD). 1981, c. 470, §A103 (AMD). 1989, c. 329, §§7-13 (AMD). 2003, c. 689, §B6 (REV).