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The intent is to authorize only the least possible restrictions on the exercise of personal and civil rights and such restrictions may be permitted only when consistent with proven need for services. (5) "Department" means the Department of Health and Social Services of the State. 31, § 1.; § 3903 Establishment of protective services system.
(2) "Adult who is impaired" shall mean any person 18 years of age or over who, because of physical or mental disability, is substantially impaired in the ability to provide adequately for the person's own care and custody.
(23) "Vulnerable adult" means an adult who meets the criteria set forth in § 1105(c) of Title 11. (d)(1) The cost of services provided by the State which are voluntarily accepted by the protective services client shall be borne by the client himself or herself, insofar as the client is able to pay for them from the client's own resources, insurance programs, Medicare, Medicaid or similar programs. In the event that interference occurs on a continuing basis, the Department or the service recipient may petition the Court to enjoin such interference. (3) By an emergency order of the Court, pursuant to § 3908 of this title.
The Department shall determine the client's ability to pay for services from a fee schedule and income criteria which shall be established by the Secretary under the rulemaking authority provided by this chapter. The Court shall order only that intervention which it finds to be the least restrictive of the person's liberty and rights, while consistent with the person's welfare and safety. 186, § 1.; § 3907 Probable cause of death or immediate and irreparable physical injury.
The breach of a fiduciary duty, including, but not limited to, the misuse of a power of attorney, trust, or a guardianship appointment, that results in the unauthorized appropriation, sale, or transfer of the property, income, resources, or trust funds of the elderly person or the vulnerable adult for the benefit of a person or entity other than the elderly person or the vulnerable adult; and c. § 1752), including, but not limited to, an institution-affiliated party of a credit union, as defined in § 206(r) of the Federal Credit Union Act (12 U. Intentional and permanent abandonment or desertion in any place of an adult who is impaired by a caregiver who does not make reasonable efforts to ensure that essential services, as defined in this section, will be provided for said adult who is impaired. (f) The Department shall make continuing provisions in each county for the shelter of those persons who are determined to be in temporary need of such protection pursuant to §§ 3905, 39 of this title. (7) Transportation to and from service providers, if necessary. (c) In order to provide the services listed in subsection (b) of this section, the following services will be performed by the adult protective services unit: (1) Informing and educating the citizens of the State on the needs of protective service clients and the services available to them.
Obtaining or using an elderly person or a vulnerable adult's property, income, resources, or trust funds without lawful authority, by a person or entity who knows or clearly should know that the elderly person or the vulnerable adult lacks the capacity to consent to the release or use of his or her property, income, resources, or trust funds. A "federal credit union" or "state credit union," as defined in § 101 of the Federal Credit Union Act (12 U. (18) "Person who is incapacitated" means a person for whom a guardian of person or property, or both, shall be appointed, under § 3901 of Title 12. In providing this service, the Department may utilize existing resources such as state institutions; it may contract for bed space in private facilities; and it may utilize the resources of rest (family care and residential) homes for those clients not requiring medical care. (2) Accepting and processing all referrals on, or applications from, adults in need of protective services. (4) Counseling with clients to assist them to accept needed services voluntarily.
(3) Where protective services are provided under Court order, the Court may authorize reasonable payment to the Department from the resources of the person if the Department can prove to the satisfaction of the Court that payment may be made without endangering the welfare or interests of the person served. (5) By a social service worker on probable cause of death or immediate and irreparable physical injury pursuant to § 3907 of this title. (c) The adult protective services unit shall investigate, and if involuntary protective services are needed on a continuing basis for a person so transported, proceedings shall be initiated for supplying such services pursuant to § 3908 of this title or pursuant to § 3901 of Title 12. (a) Upon petition by the Public Guardian or adult protective services unit of the Department of Health and Social Services, the Court of Chancery may issue an order authorizing the provision of protective services on an emergency basis to an adult person after finding on the record, based on a preponderance of the evidence that: (1) The person is impaired or incapacitated, as defined in § 3902(2) or (18) of this title; (2) An emergency exists, as defined in § 3902 of this title; (3) The person lacks the capacity to consent to receive protective services; (4) No person authorized by law or Court order to give consent for the person is available and willing to consent to emergency services; and (5) There are compelling reasons for ordering services.
These services shall include, but not be limited to, adequate food and clothing, heated and sanitary shelter, medical care for physical and mental health needs, assistance in personal hygiene, protection from health and safety hazards, protection from physical or mental injury or exploitation. (13) "Hazardous living condition" means a mode of life which contains a substantial risk of physical injury, or mental distress, or exploitation. In doing so, it may contract with other agencies for the provision of services, or it may provide directly any or all of those services. (2) Medical and psychiatric evaluation, if necessary.
(2) Protective services authorized by an emergency order shall not include hospitalization or change of residence unless the Court specifically finds such action is necessary and gives specific approval for such action in its order.
(3) Protective services may be provided through an emergency order for a maximum of 90 days upon a showing to the Court that continuation of the original order is necessary to remove the emergency.
(d) Actual notice of the filing of such petition, and other relevant information including the factual basis of the belief that emergency services are needed and a description of the exact services to be rendered, shall be given to the person, and at the Court's discretion, to the person's spouse, or if none, to the person's adult children, next of kin or guardian if any. (a) The hearing on a petition for involuntary protective services shall be held under the following conditions: (1) The person needing protective services shall be present unless the person has knowingly and voluntarily waived the right to be present or unless, because of physical or mental incapacity, the person cannot be present without endangering the person's welfare.
Notice to any parties other than the person in need of services may be waived by the Court if the petition avers with specificity that such notice would be detrimental to the person who is impaired. Waiver or incapacity may not be presumed from nonappearance but shall be determined on the basis of factual information supplied to the Court by counsel or a caseworker.