§ 3906 — Involuntary protective services

If an individual lacks the capacity to consent to receive protective services, services may be provided by 1 or more of the following ways:

(1) A police officer, on probable cause of death or immediate and irreparable physical injury, under § 3907 of this title.

(2) The Attorney General or a Deputy Attorney General of this State, on probable cause of death or immediate and irreparable physical injury, under § 3907 of this title.

(3) An emergency order of the Court, under § 3908 of this title. The Court shall order only that intervention which it determines is the least restrictive of the individual’s liberty and rights, while consistent with the individual’s welfare and safety. The Court shall state in its opinion the basis for the order.

(4) The appointment of a guardian under § 3901 of Title 12.

(5) An Adult Protective Services staff member, on probable cause of death or immediate and irreparable physical injury under § 3907 of this title.

Legislative History

63 Del. Laws, c. 384, § 1 ; 70 Del. Laws, c. 186, § 1 ; 81 Del. Laws, c. 343, § 1 ; 84 Del. Laws, c. 529, § 7