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As used in this subchapter, the following definitions apply:

(1) "Aged person" means a person 60 years of age or older.

(2) "Department" means the Department of Public Health and Human Services.

(3) "Disabled adult" means a person 18 through 59 years of age who is defined as disabled pursuant to 53-19-102, MCA, or who is a person with developmental or intellectual disabilities, as defined in 53-20-102, MCA, or who is determined to be:

(a) disabled by the Social Security Administration;

(b) fully disabled by the Veterans' Administration;

(c) disabled by the department's Vocational Rehabilitation Division;

(d) adjudicated disabled by a court of competent jurisdiction;

(e) eligible for the medically needy program, as set forth in ARM 37.82.1107, because of disability; or

(f) intellectually disabled as determined by the department as defined by 53-20-102, MCA.

(4) "Non-voluntary services" means protective services provided under court order to a vulnerable adult.

(5) "Protective services" means services to reduce or remove the risk of physical or mental harm that has occurred or is occurring to a vulnerable adult, as a result of abuse, neglect, or exploitation.

(6) "Voluntary services" means protective services requested or accepted by a vulnerable adult.

(7) "Vulnerable adult" means an "aged person" or "disabled adult."

(8) "Ward" means an incapacitated person for whom a guardian has been appointed by a court of competent jurisdiction.


History: 52-3-205, 52-3-802, MCA; IMP, 52-3-205, 52-3-804, MCA; NEW, 1978 MAR p. 206, Eff. 2/25/78; TRANS, from Dept. of SRS, 1987 MAR p. 1492, Eff. 7/1/87; TRANS, from DFS, 1998 MAR p. 657; AMD, 2019 MAR p. 344, Eff. 3/30/19.

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