Analyze immediate risk and determine need for emergency response and type of response indicated.
On all reports of maltreatment, the APS specialist must:
Analyze the situation for immediate risk.
Determine the need for services.
Whether the client lives alone or with others, and whether the situation is self-inflicted or perpetrated by a second party, the specialist must make several decisions including:
Whether to leave the client in the home
Whether to remove the client from the home, with or without consent
What services to recommend
Evaluate the client’s capacity to consent.
The APS specialist’s assessment of a vulnerable adult’s mental capacity to consent to protective services takes into account the vulnerable adult’s awareness of the:
limitations and deficiencies in the physical environment
vulnerable adult’s own physical or mental limitations
resources available to assist in meeting the vulnerable adult’s needs; and
consequences to the vulnerable adult if nothing is done to improve the situation
When a vulnerable adult is deficient in all or most of the areas listed above, he or she may lack the capacity to consent to protective services and it may be appropriate to petition the district court for an order authorizing the provision of needed services.
When a vulnerable adult expresses awareness of all four areas listed above, it is likely that the present circumstances are the vulnerable adult’s choice, though in some cases a vulnerable adult might express awareness in these areas and still lack the capacity to consent to provision of services.
Emergency services are indicated when the situation presents a serious risk of physical harm or death to the client if not alleviated immediately.
Refer the client for appropriate services when the client retains capacity and accepts services.
Provide whatever level of services client will consent to if client retains capacity and refuses recommended intervention.
When a vulnerable adult appears unaware of the consequences of the present situation and an imminent risk to health or estate exists, legal intervention is appropriate.
Petition the court for Temporary Guardianship when:
An imminent risk to health or estate exists, AND
Client lacks capacity to consent; AND
No consent can be obtained for services necessary to relieve the emergency.