An Act To Protect Seniors and Incapacitated or Dependent Adults from Abuse
Maine Legislature, Session 125, LD 1374
Committee: Judiciary
Sponsors: NASS, RAYE, BENNETT, CHASE, FOSTER, PARKER, WATERHOUSE, FARNHAM
Amends: 19-A MRSA §4005

Legislative Document 
No. 1374 
H.P. 1013 
House of Representatives, March 31, 2011 
An Act To Protect Seniors and Incapacitated or Dependent Adults 
from Abuse 
Reference to the Committee on Judiciary suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative NASS of Acton. 
Cosponsored by President RAYE of Washington and 
Representatives: BENNETT of Kennebunk, CHASE of Wells, FOSTER of Augusta, PARKER 
of Veazie, WATERHOUSE of Bridgton, Senator: FARNHAM of Penobscot. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  19-A MRSA §4005, sub-§1, as amended by PL 2007, c. 340, §4, is 
further amended to read: 
1.  Filing. An adult who has been abused by a family or household member or a 
dating partner may seek relief by filing a complaint alleging that abuse. 
When a minor child in the care or custody of a family or household member or a dating 
partner has been abused by a family or household member or a dating partner, a person 
responsible for the child, as defined in Title 22, section 4002, subsection 9, or a 
representative of the department may seek relief by filing a petition alleging that abuse. 
An adult who has been a victim of conduct defined as stalking in Title 17-A, section 
210-A or described as sexual assault in Title 17-A, chapter 11, whether or not the conduct 
was perpetrated by a family or household member or dating partner, may seek relief by 
filing a complaint alleging that conduct without regard to whether criminal prosecution 
has occurred.  When a minor has been a victim of such conduct, the minor's parent, other 
person responsible for the child or a representative of the department may seek relief by 
filing a petition alleging that conduct. 
When an adult who is 60 years of age or older or a dependent adult, as defined in Title 
22, section 3472, subsection 6, or an incapacitated adult, as defined in Title 22, section 
3472, subsection 10, has been the victim of abuse as defined in section 4002, subsection 1 
or Title 22, section 3472, subsection 1 by an extended family member or an unpaid care 
provider, the adult victim, the adult victim's legal guardian or a representative of the 
department may seek relief by filing a complaint alleging the abusive conduct.  For the 
purposes of this subsection, "extended family member" includes, but is not limited to: a 
person who is related to the victim by blood, marriage or adoption, whether or not the 
person resides or has ever resided with the victim.  "Unpaid care provider" includes, but 
is not limited to, a caretaker who voluntarily provides full, intermittent or occasional 
personal care to the adult victim in the victim's home similar to the way a family member 
would provide personal care. 
SUMMARY 
This bill allows an adult who is 60 years of age or older or an incapacitated or 
dependent adult to seek a protection from abuse order if that adult is a victim of abuse by 
an extended family member or an unpaid care provider.  Currently, an adult can only 
secure relief under the protection from abuse laws if the abuse is perpetrated by a family 
or household member or a dating partner and that definition does not include spouses of 
adult children, grandchildren, other relatives and caregivers.