Factors to consider if the AV does not have capacity:
- Determine the client’s safety in their current situation; determine their current services and if they are keeping them safe.
- Determine the client’s support system. Do they have a guardian or a POA, or someone to assist them, and to assist them in accepting services.
- If the client is in a situation which places them in harms way are involuntary services needed?
- Is there a family member or someone else to take a Title 30 Guardianship?
- Will APS need to take a guardianship to in order to provide services to client, lower their risk and take them out of harm’s way?
Service planning when the client lacks the capacity to consent:
- Determine the need for protective services:
- What is the need for services and what are the least restrictive services.
- Services needed and available through OKDHS, in the community and how they are needed.
- Can the AV pay for services or are they eligible for public assistance programs.
- Is there a caretaker or guardian that can provide the services or agree to the services needed on behalf of the AV.
- When the caretaker/guardian will not cooperate, depending on the risk of death or immediate and serious physical harm to self; or the significant and unexplained deletion of the client’s estate; services may be ordered by the court involuntarily.
