§ 43A-10-106 — Voluntary protective services.

A. If the Department of Human Services determines, as a result of its investigation or an investigation by the Office of Client Advocacy within the State Department of Health, that a vulnerable adult needs protective services, the Department of Human Services shall immediately provide or arrange for the provision of available protective services in the least restrictive manner, provided the person affirmatively consents to receive these services. B. 1. When a caretaker of a vulnerable adult who consents to the receipt of protective services refuses to allow the provision of such services to the person, the Department may petition to the court for a decree enjoining the caretaker from interfering with the provision of protective services to the person. 2. The complaint must allege specific facts sufficient to show that the person is a vulnerable adult in need of protective services, consents to the receipt of protective services, and that the caretaker refuses to allow the provision of such services. 3. If the court finds that the person is a vulnerable adult in need of protective services, consents to the receipt of protective services, and that the caretaker refuses to allow the provision of such services, the court may enter a decree: a. enjoining the caretaker from interfering with the provision of protective services to the vulnerable adult, and b. freezing the assets of the vulnerable adult if it has been determined by preponderance of the evidence that the vulnerable adult is being exploited and it is necessary to protect such assets. C. If a vulnerable adult does not consent to the receipt of protective services or withdraws consent to the receipt of such services, the services shall be terminated, unless the Department determines that the person lacks capacity to consent, in which case the Department may seek court authorization to provide services pursuant to Section 10-108 of this title. D. 1. Payment for the costs of providing protective services shall be made from either: a. the assets of the vulnerable adult consenting to the receipt of voluntary protective services, or b. any available private or public assistance programs for which the vulnerable adult is eligible. 2. If no assets or other private or public funds are available to the person, payment shall be made from a fund established by the Department for the purpose of providing emergency adult protective services, subject to availability of funds.

Legislative History

Added by Laws 1977, c. 264, § 6, emerg. eff. June 17, 1977. Amended by Laws 1984, c. 256, § 6, eff. Nov. 1, 1984; Laws 1986, c. 103, § 99, eff. Nov. 1, 1986. Renumbered from § 806 of this title by Laws 1986, c. 103, § 103, eff. Nov. 1, 1986. Amended by Laws 1993, c. 159, § 3, eff. July 1, 1993; Laws 1997, c. 195, § 9, eff. Nov. 1, 1997; Laws 2003, c. 332, § 6, emerg. eff. May 29, 2003; Laws 2025, c. 215, § 8, emerg. eff. May 13, 2025.