§43A-10-106.

§43A-10-106.
   
   A. If the Department of Human Services determines, as a result of its
   investigation, that a vulnerable adult needs protective services, the
   Department shall immediately provide or arrange for the provision of
   protective services in the least restrictive manner, provided the
   person affirmatively consents to receive these services.
   
   B. When a caretaker of a vulnerable adult who consents to the receipt
   of protective services refuses to allow the provision of such services
   to the person, the Department may petition to the court for a decree
   enjoining the caretaker from interfering with the provision of
   protective services to the person. The complaint must allege specific
   facts sufficient to show that the person is a vulnerable adult in need
   of protective services, consents to the receipt of protective
   services, and that the caretaker refuses to allow the provision of
   such services. If the court finds that the person is a vulnerable
   adult in need of protective services, consents to the receipt of
   protective services, and that the caretaker refuses to allow the
   provision of such services, the court may enter a decree enjoining the
   caretaker from interfering with the provision of protective services
   to the vulnerable adult.
   
   C. If a vulnerable adult does not consent to the receipt of protective
   services or withdraws consent to the receipt of such services, the
   services shall be terminated, unless the Department determines that
   the person lacks capacity to consent, in which case the Department may
   seek court authorization to provide services pursuant to Section
   10-108 of this title.
   
   D. 1. Payment for the costs of providing protective services shall be
   made from either:
   
   a. the assets of the vulnerable adult consenting to the receipt of
   voluntary protective services, or
   
   b. any private or public assistance programs for which the vulnerable
   adult is eligible.
   
   2. If no assets or other private or public funds are available to the
   person, payment shall be made from a fund established by the
   Department for the purpose of providing emergency adult protective
   services.