§ 108A-104. Provision of protective services with the consent of the person; withdrawal of consent; caretaker refusal.
§ 108A‑104. Provision of protective services with the consent of the person; withdrawal ofconsent; caretaker refusal.
(a) If the director determines that a disabled adult is in needof protective services, he shall immediately provide or arrange for the provisionof protective services, provided that the disabled adult consents.
(b) When a caretaker of a disabled adult who consents to thereceipt of protective services refuses to allow the provision of such servicesto the disabled adult, the director may petition the district court for anorder enjoining the caretaker from interfering with the provision of protectiveservices to the disabled adult. The petition must allege specific factssufficient to show that the disabled adult is in need of protective servicesand consents to the receipt of protective services and that the caretakerrefuses to allow the provision of such services. If the judge finds by clear,cogent, and convincing evidence that the disabled adult is in need ofprotective services and consents to the receipt of protective services and thatthe caretaker refuses to allow the provision of such services, he may issue anorder enjoining the caretaker from interfering with the provision of protectiveservices to the disabled adult.
(c) If a disabled adult does not consent to the receipt ofprotective services, or if he withdraws his consent, the services shall not beprovided. (1973, c. 1378, s.1; 1975, c. 797; 1981, c. 275, s. 1.)