Actions Without Consent
Effective Jan 13, 2017Mass. Register #1330MGL c. 19A, §§ 6, 16(d) & (e), 18(a), 22, 25Executive Office of Aging & Independence (AGE)
(1) Upon a refusal to consent, or withdrawal of consent to Protective Services by an Abused Elder who has the Decisional Capacity to consent; or upon the decision of the Court not to issue an order for Protective Services or not to appoint a fiduciary of an Abused Elder under M.G.L. c. 19A, § 20(a) or 20(b), the Protective Services Caseworker shall do the following:
- (a) Notify the Elder of the availability of Protective Services should he or she decide to consent to services at a future time;
- (b) Advise the Elder of the availability of Home Care and other social services in his or her area;
- (c) Advise the Elder of the availability of free legal services in his or her area;
- (d) Explain the availability of M.G.L. c. 209A and other appropriate legal interventions to protect him or her from further Abuse in family and household Abuse situations;
- (e) Close the Protective Services Case.
- (2) If the Elder is believed to lack the Decisional Capacity to consent to Protective Services, see 651 CMR 5.17(2)(a).
- (3) If the Elder lacks the Decisional Capacity to consent to the provision of Protective Services, see 651 CMR 5.17(2)(b).
- (4) If access to the Elder is barred by a person other than the Elder, see 651 CMR 5.17(2)(c).