Obtaining Consent for Protective Services

(1) A Protective Services Agency shall provide Protective Services to an Elder who suffers from a Reportable Condition and who needs such service(s) only when one of the following has been obtained: (a) The written consent of the Elder or Guardian on a form provided by the Department or; (b) Verbal consent or an affirmative act by the Elder indicating consent, where the Elder is: 1. physically incapable of providing written consent; 2. unable to read; 3. unwilling to or fearful of providing written consent; or 4. unable to understand the form in the language in which it is printed and for which reasonable attempts have been made to explain the services in the Elder's primary language. (2) Documentation of consent given under 651 CMR 5.15(1)(b) shall be entered in the progress notes and shall consist of the Protective Services Caseworker's explanation of services to the Elder and the nature of the Elder's response indicating consent. The entry of documentation of the circumstances of consent in the progress notes should be referred to on the consent form. (3) In situations in which it is believed that the Elder lacks the Decisional Capacity to provide written consent, but is able to understand and accept, to some degree, the purpose and services of the Protective Services Program, an explanation of the program should be offered in a way suitable to the Elder's level of understanding. This explanation and the Elder's response indicating consent must be documented in the manner described in 651 CMR 5.15(2). (4) In situations in which the Elder is believed to lack the Decisional Capacity to consent, and in the absence of the Elder's refusal, a family member may agree to the provision of services which do not interfere with the liberty and well-being of the Elder and to which the Elder does not object. The circumstances of consent must be documented in the manner described in 651 CMR 5.15(2). (5) In situations in which the Elder lacks the Decisional Capacity to consent, authorization for the provision of service(s) may be obtained by petitioning the Probate and Family Court in accordance with M.G.L. c. 19A, §§ 20(a) or (b) and in accordance with 651 CMR 5.17. (6) In an Emergency or Rapid Response situation, the Protective Services Caseworker may provide or arrange for services with the verbal consent of the Elder or the Elder's Guardian or by an affirmative act of the Elder. A Protective Services Agency shall attempt to obtain written consent as soon as possible thereafter. (7) Upon receipt of consent in any form described in 651 CMR 5.15, services shall be provided or arranged in accordance with the service plan, the financial eligibility of the Elder for services funded through agencies other than the Department, and the availability of resources. (8) No person shall interfere with the provision of Protective Services to an Elder who requests or consents to receive such services. In the event that interference occurs on a continuing basis, a Protective Services Agency may petition the Court to enjoin such interference.