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37.47.102    ADULT PROTECTIVE SERVICES: DEFINITIONS

As used in this subchapter, the following definitions apply:

(1) "Aged person" means a person 65 years of age or older.

(2) "Disabled adult" means a person of 18 through 65 years of age who is:

(a) determined to be disabled by the social security administration;

(b) determined fully disabled by the veterans' administration;

(c) determined disabled by the department's vocational rehabilitation division;

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

(e) determined eligible for the medically needy program because of disability;

(f) does not include the developmentally disabled as defined in 53-20-102 , MCA.

(3) "Protective services" means services directed at preventing or remedying neglect, abuse, or exploitation of aged or disabled adults.

(4) "Voluntary services" means protective services requested or accepted by an aged person or disabled adult.

(5) "Non-voluntary services" means protective services provided under court-ordered legal guardianship to a ward who is aged or disabled.

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

(7) "Department" means the department of public health and human services.

History: Sec. 53-2-201, MCA; IMP, Sec. 53-5-205, 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.

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