39-1437. Same; protective services; duties of secretary of social and rehabilitation services; injunction.
39-1437
39-1437. Same; protective services; duties ofsecretary of social andrehabilitation services; injunction.(a) If the secretary determines that an involved adult is in need ofprotective services, the secretary shall provide the necessary protectiveservices if the adult consents, or if the adult lacks capacity to consent,the secretary may obtain consent from such adult's legal representative.If the involved adult fails to consent and the secretary has reason to believethat the involved adult lacks capacity to consent, the secretary shalldetermine whether a petition for appointment of a guardian or conservator, orboth, should be filed. If such determination is made, the secretarymay petition the district court for appointment of a guardian or conservator,or both, for an involved adult pursuant to the provisions of the act forobtaining a guardian or conservator, or both.
(b) If the caretaker or legal representative of an involved adult whohas consented to the receipt of reasonable and necessary protective servicesrefuses to allow the provision of such services to the adult, the secretary mayseek an injunction enjoining the caretaker or legal representative frominterfering with the provision of protective services to the adult. Thepetition in such action shall allege specific facts sufficient to show that theadult is in need of protective services and consents to their provision andthat the caretaker or legal representative refuses to allow theprovision of such services. If the judge finds, by clear and convincingevidence, that the adult is in need of protective services and has beenprevented by the caretaker or legal representative from receiving suchservices, the judge shall issue an order enjoining the caretaker or legalrepresentative from interfering with the provision of protective servicesto the adult. The court may appoint a new legal representative, if the courtdeems that it is in the best interest of the adult.
History: L. 1989, ch. 129, § 8;L. 2003, ch. 91, § 16; July 1.