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COMMON FORMS
OF ABUSE |
| Many people mistakenly assume that only battered paople are abused. |
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"Never doubt that a small group of thoughtful, committed citizens can change the world; indeed, it's the only thing that ever has."
Dr. Margaret Mead |
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| Gary A. Jones |
| When Gary Jones became sick with terminal cancer, his caregiver denied him visitation with his children. |
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Click on a state to begin. The current laws in that state will be displayed below. |
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Montana
In the state of Montana, abuse means the infliction of physical or mental injury; or the deprivation of food, shelter, clothing, or services necessary to maintain the physical or mental health of an older person or a person with a developmental disability without lawful authority.
Generally, the use of the term abuse encompasses the terms physical abuse, mental abuse, sexual abuse, neglect, self-neglect and exploitation. The specific definition of each of these terms can be found in the Montana Code Annotated (MCA) Section 52-3-803. Also, see below:
Abuse means the infliction of physical or mental injury, or the deprivation of food, shelter, clothing or services necessary to maintain physical or mental health.
Sexual abuse means the commission of sexual assault, sexual intercourse without consent, indecent exposure, deviate sexual conduct, or incest.
Neglect means the failure of a person who has assumed legal responsibility or a contractual obligation for caring to provide food, shelter, clothing, or services necessary to maintain the physical or mental well-being. This also includes a person who has voluntarily assumed responsibility for the person's care, including an employee of a public or private residential institution, facility, home, or agency.
Exploitation involves the unreasonable use of a person, power of attorney, conservatorship, guardianship, or personal trust to obtain control of or to divert to the advantage of another the ownership, use, benefit, or possession of the person's money, assets, or property by means of deception, duress, menace, fraud, undue influence, intimidation.
Mental injury is defined as an identifiable and substantial impairment of a person's intellectual or psychological functioning or well-being.
Physical injury means death, permanent or temporary disfigurement, or impairment of any bodily organ or function.
Self-neglect is not defined in the MCA as a type of abuse. However, it is the most investigated allegation by APS. Self-neglect may occur when the person is not physically or mentally able to obtain and perform the necessities of daily life to avoid physical or mental injury.
Here are some links for reference on elder abuse in the state of Montana:
http://data.opi.state.mt.us/bills/2003/mca/52/3/52-3-803.htm
http://www.montanabar.org/.../elderabuse.html
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