If a person lacks the capacity to consent to receive protective services, these services may only be given in 1 or more of the following ways:
(1) By a police officer, on probable cause of death or immediate and irreparable physical injury, pursuant to § 3907 of this title.
(2) By the Attorney General or a Deputy Attorney General of this State, pursuant to § 3907 of this title.
(3) By an emergency order of the Court, pursuant to § 3908 of this title. The Court shall order only that intervention which it finds to be the least restrictive of the person's liberty and rights, while consistent with the person's welfare and safety. The basis for such order and finding shall be stated in the opinion by the Court.
(4) By the appointment of a guardian pursuant to § 3901 of Title 12.
(5) By a family service specialist on probable cause of death or immediate and irreparable physical injury pursuant to § 3907 of this title.
Structure Delaware Code
Chapter 39. ADULT PROTECTIVE SERVICES
§ 3903. Establishment of protective services system.
§ 3904. Nature of protective services; costs.
§ 3905. Voluntary protective services.
§ 3906. Involuntary protective services.
§ 3907. Probable cause of death or immediate and irreparable physical injury.
§ 3908. Emergency order for protective services.