Voluntary protective services.

(1) Preference. The department in administering the protective services program shall contract with county departments and other agencies. If the county department contracts for protective services, the department and the county departments shall give preference to an agency with consumer and other citizen representation. The department shall provide services only if no other suitable agency is available. Courts shall adhere to the same preferences in ordering protective services.

(2) Conditions required. The department or a county department or agency with which the county department contracts under s. 55.02 (2) that provides protective services may provide the services under any of the following conditions:

(a) An individual who needs or believes he or she needs protective services requests the services.

(b) An interested person requests protective services on behalf of an individual in need of services. A guardian may request and consent to protective services on behalf of the guardian’s ward. An agent under an activated power of attorney for health care may request and consent to protective services on behalf of the agent’s principal.

(3) Voluntary protective services preferred. An individual shall receive protective services voluntarily unless ordered by the court under s. 55.12 , requested by the individual’s guardian or agent under an activated power of attorney for health care, or provided on an emergency basis in accordance with s. 55.13 .

History: 1973 c. 284 ; 1975 c. 393 ; 1981 c. 379 ; 1985 a. 29 s. 3200 (56) ; 1985 a. 135 s. 83 (3) ; 1985 a. 176 ; 1987 a. 161 ss. 7 , 13m ; 1987 a. 366 ; 1989 a. 200 ; 1991 a. 316 ; 1993 a. 187 , 316 , 445 ; 2005 a. 264 , 387 .