LD 2212
pg. 1
LD 2212 Title Page An Act to Revise Laws Regarding Persons with Mental Retardation Page 2 of 23
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LR 1093
Item 1

 
Be it enacted by the People of the State of Maine as follows:

 
Sec. 1. 34-B MRSA §5001, sub-§§1-B to 1-G are enacted to read:

 
1-B.__Advocate.__"Advocate" means an employee of the Office of
Advocacy established in section 1205, unless a person or a
person's guardian has designated another individual or
organization to be the advocate, in which case it means the
individual or organization so designated.

 
1-C.__Ally.__"Ally" means an individual who supports a person
with mental retardation or autism.

 
1-D.__Autism.__"Autism" has the same meaning as in section
6002.

 
1-E.__Correspondent.__"Correspondent" means an individual
designated as next friend of a person according to the following
order of preference and principles:

 
A.__In the first instance, the person's private guardian;

 
B.__If the person does not have a guardian or has a public
guardian, the person's parents or parent;

 
C.__If the parents are unavailable, and they have failed to
designate an appropriate representative, the relative, if
any, in closest relationship with the person; or

 
D.__If no correspondent can be designated according to this
subsection, the correspondent is an appropriate individual
assigned by the Consumer Advisory Board.

 
1-F.__Crisis.__"Crisis" means any incident, behavior, activity
or pattern of activity that could lead to the loss of a person's
residence, program or employment.

 
1-G.__Facility.__"Facility" means a place of residence
operated by the department for persons with mental retardation or
autism.

 
Sec. 2. 34-B MRSA §5001, sub-§3-A, as enacted by PL 1989, c. 73, §4,
is repealed.

 
Sec. 3. 34-B MRSA §5001, sub-§3-B is enacted to read:

 
3-B.__Personal planning.__"Personal planning" is a planning
process that focuses on the individual, provides real choice and


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