049-3 Wyo. Code R. §§ 3-2 - Consent to Service

(a) Vulnerable adults are presumed to possess the ability to consent to or refuse protective services. A vulnerable adult shall not be required to accept protective/emergency services without his/her consent.

(b) If the caseworker believes that the vulnerable adult's ability to understand and appreciate the nature and consequences of their decisions is impaired, the caseworker shall immediately take steps to arrange for a professional mental capacity evaluation if the caseworker reasonably believes that the vulnerable adult's ability to understand and appreciate the nature and consequences of their decisions is impaired. Until the vulnerable adult's capacity to consent is determined, the caseworker shall provide only those services agreed to by the vulnerable adult.

(c) If the vulnerable adult has a guardian or has appointed an agent under a durable power of attorney, the guardian or agent may act on behalf of the vulnerable adult.

(d) If the caseworker believes that the vulnerable adult needs protective services and an emergency exists or the caregiver, family, and/or individual refuses to allow the provision of these services, the Department's District Manager or designee shall contact the Office of the Attorney General or the district/county attorney to petition the court for an order pursuant to Wyo. Stat. § 35-20-107 for seventy-two (72) hour emergency protective services or for an order pursuant to Wyo. Stat. § 35-20-106 enjoining the family, individual and/or caregiver from interfering with the provision of protective services. The caseworker shall be in contact with the State Analyst for Adult Protective Services for all guardianships.

Notes

049-3 Wyo. Code R. §§ 3-2