Without Capacity

Factors to consider if the AV does not have capacity:

  1. Determine the client’s safety in their current situation; determine their current services and if they are keeping them safe.
  2. 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.
  3. If the client is in a situation which places them in harms way are involuntary services needed?
    1. Is there a family member or someone else to take a Title 30 Guardianship?
    2. 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:

  1. Determine the need for protective services:
    1. What is the need for services and what are the least restrictive services.
    2. Services needed and available through OKDHS, in the community and how they are needed.
    3. Can the AV pay for services or are they eligible for public assistance programs.
    4. Is there a caretaker or guardian that can provide the services or agree to the services needed on behalf of the AV.
  2. 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.
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