Caregiver Neglect Laws
Financial Exploitation Laws
Physical Abuse Laws
Misuse of entrusted property
1. A person is guilty of misuse of entrusted property if that person deals with property that has been entrusted to that person as a fiduciary, or property of the government or of a financial institution, in a manner that that person knows is a violation of that person’s duty and that involves a substantial risk of loss to the owner or to a person for whose benefit the property was entrusted.
[PL 2013, c. 414, §5 (AMD).] 2. As used in this section “fiduciary” includes any person carrying on fiduciary functions on behalf of an organization that is a fiduciary.
[PL 2013, c. 414, §5 (AMD).] 3. Except as provided in subsection 4, misuse of entrusted property is a Class D crime.
[PL 2013, c. 414, §5 (AMD).] 4. If a misuse of entrusted property results in the loss of a vulnerable person’s property or the loss of property entrusted to a person for the benefit of a vulnerable person and, at the time of the offense, the owner or the beneficiary of the property is a vulnerable person:
A. If the value of the property is more than $1,000 but not more than $10,000, the misuse of entrusted property is a Class C crime; and [PL 2013, c. 414, §5 (NEW).] B. If the value of the property is more than $10,000, the misuse of entrusted property is a Class B crime. [PL 2013, c. 414, §5 (NEW).] As used in this subsection, “vulnerable person” means an incapacitated adult as defined in Title 22, section 3472, subsection 10 or a dependent adult as defined in Title 22, section 3472, subsection 6.
[PL 2013, c. 414, §5 (NEW).] SECTION HISTORY
PL 1975, c. 499, §1 (NEW). PL 2013, c. 414, §5 (AMD).
State Mandated Reporting
Who has to report?
An allopathic or osteopathic physician; a medical resident or intern; a medical examiner; a physician's assistant; a dentist, dental hygienist or dental assistant; a chiropractor; a podiatrist; a registered or licensed practical nurse; a certified nursing assistant; a social worker; a psychologist; a pharmacist; a physical therapist; a speech therapist; an occupational therapist; a mental health professional; a law enforcement official, corrections officer or other person holding a certification from the Maine Criminal Justice Academy; emergency room personnel; an ambulance attendant; an emergency medical technician or other licensed medical service provider; unlicensed assistive personnel; a humane agent employed by the Department of Agriculture, Food and Rural Resources; a clergy member acquiring the information as a result of clerical professional work except for information received during confidential communications; a sexual assault counselor; a family or domestic violence victim advocate; a naturopathic doctor; a respiratory therapist; a court-appointed guardian or conservator; a chair of a professional licensing board that has jurisdiction over mandated reporters; any person who has assumed full, intermittent or occasional responsibility for receives compensation; 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, regardless of whether the person receives compensation; or any person providing transportation services as a volunteer or employee of an agency, business or other entity, whether or not the services provided are for compensation. An animal control officer may make a report to the department.
When to report?
Anyone required by statute to report when the person knows or has reasonable cause to suspect that an incapacitated or dependent adult has been or is likely to be abused, neglected, or exploited.
How to report?
Reports shall be made immediately by telephone to the Department Health and Human Services and must be followed by a written report within 48 hours if requested.
Maine Office of Elder Services Elder Abuse Hotline:
800-624-8404 or 711(in Maine).