Actions Without Consent

(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).