A. If an adult lacks the capacity to consent to receive adult protective services, these services may be ordered by a court on an involuntary basis through an emergency order pursuant to § 63.2-1609 or by a guardian or conservator appointed pursuant to Chapter 20 (§ 64.2-2000 et seq.) of Title 64.2.
B. In ordering involuntary adult protective services, the court shall authorize only that intervention which it finds to be least restrictive of the adult's liberty and rights, while consistent with his welfare and safety. The basis for such finding shall be stated in the record by the court.
C. The adult shall not be required to pay for involuntary adult protective services, unless such payment is authorized by the court upon a showing that the person is financially able to pay. In such event the court shall provide for reimbursement of the actual costs incurred by the local department in providing adult protective services, excluding administrative costs.
1977, c. 547, § 63.1-55.5; 1978, c. 562; 1979, c. 451; 1997, c. 801; 2002, c. 747; 2004, cc. 749, 1011.
Structure Code of Virginia
Title 63.2 - Welfare (Social Services)
§ 63.2-1600. Home-based services
§ 63.2-1601. Authority to provide adult foster care services
§ 63.2-1601.1. Criminal history check for agency approved providers of services to adults
§ 63.2-1602. Other adult services
§ 63.2-1603. Protection of adults; definitions
§ 63.2-1605. Protective services for adults by local departments
§ 63.2-1606. Protection of aged or incapacitated adults; mandated and voluntary reporting
§ 63.2-1606.1. Photographs, X-rays and medical imaging of incapacitated persons; use as evidence
§ 63.2-1608. Involuntary adult protective services
§ 63.2-1609. Emergency order for adult protective services
§ 63.2-1610. Voluntary adult protective services
§ 63.2-1611. Policy of Commonwealth; Department designated agency to coordinate state efforts
§ 63.2-1612. Responsibilities of Department; domestic violence prevention and services
§ 63.2-1613. Responsibilities of local departments