MI Elder Abuse Protection Laws – The Social Welfare Act

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Michigan Compiled Laws Annotated §§ 400.11 through 400.11f

THE SOCIAL WELFARE ACT (EXCERPT)
Act 280 of 1939

400.11 Definitions.

Sec. 11.

As used in this section and sections 11a to 11f:

(a) “Abuse” means harm or threatened harm to an adult’s health or welfare caused by another person. Abuse includes, but is not limited to, nonaccidental physical or mental injury, sexual abuse, or maltreatment.

(b) “Adult in need of protective services” or “adult” means a vulnerable person not less than 18 years of age who is suspected of being or believed to be abused, neglected, or exploited.

(c) “Exploitation” means an action that involves the misuse of an adult’s funds, property, or personal dignity by another person.

(d) “Neglect” means harm to an adult’s health or welfare caused by the inability of the adult to respond to a harmful situation or by the conduct of a person who assumes responsibility for a significant aspect of the adult’s health or welfare. Neglect includes the failure to provide adequate food, clothing, shelter, or medical care. A person shall not be considered to be abused, neglected, or in need of emergency or protective services for the sole reason that the person is receiving or relying upon treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination, and this act shall not require any medical care or treatment in contravention of the stated or implied objection of that person.

(e) “Protective services” includes, but is not limited to, remedial, social, legal, health, mental health, and referral services provided in response to a report of alleged harm or threatened harm because of abuse, neglect, or exploitation.

(f) “Vulnerable” means a condition in which an adult is unable to protect himself or herself from abuse, neglect, or exploitation because of a mental or physical impairment or because of advanced age.

History: Add. 1982, Act 519, Eff. Mar. 30, 1983 ;– Am. 1990, Act 122, Imd. Eff. June 26, 1990
Compiler’s Notes: Former MCL 400.11, creating an irrevocable medical assistance account within the general fund, was repealed by Act 321 of 1966.
Popular Name: Act 280

© 2009 Legislative Council, State of Michigan

Find An Elder Abuse Lawyer in Michigan

There are many free, online directories you can use to find and read reviews of local attorneys or you can Google “Michigan elder abuse lawyer” to see a list of attorneys near you.  However, you can also contact the Michigan State Bar Association and ask for a referral for a personal injury attorney in your area.  Although many attorneys specialize in elder abuse and nursing home neglect cases, the general type of lawyer you need is a personal injury attorney.

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