Department or agency can petition the court with specific facts that made them think the
person does not have the capacity to consent. The court then hears the case within 14 days.
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If protected person lacks the ability to consent:
,the power to 1) determine a child's place of abode, medical care, and education; 2) control
visits to the child; 3) consent to enlistments, marriages, and other contracts otherwise
requiring parental consent
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Definition of custody
1) Qualified Psychiatrist
2) Qualified Psychologists
3) Qualified Psychiatric Nurse Mental Health Clinical Specialist
4) LICSW
if none of the above are available, a police officer may apply
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People who can apply for hosptializations
1) receive and investigate reports
2) to furnish protective services WITH person's consent
3) to petition the court for appointment of a conservator or guardian or for issuance of an
emergency order
4) to furnish protective services in an emergency
5) to furnish protective services WITH the guardian's consent
6) to serve as conservator, guardian, or temporary guardian of a protected person
7) to perform all other functions determined to be necessary for the department
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, Authorized activities of protective services agencies
1) explicit threat to kill or cause serious injury of an identified victim with the apparent ability
to carry out the threat
2) a history of physical violence that gives a reason to believe there is a clear and present
danger to a person who is reasonably identified
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Circumstances in which duty to warn is appropriate
family members can petition the court for an emergency order for protective services
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Immediate family members rights in an emergency related to potential elderly
abuse
no fee allowed if record is being requested for the purpose of supporting a claim or appeal
under any provision of the Social Security Act or any federal or state financial needs-based
benefit program.
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