Consent of Victim; Guardianship

(a)An elderly or adult with a disability who is a victim or alleged victim of abuse may refuse to cooperate in the investigation, or withdraw consent at any time to the provision of protective services by the Bureau or its authorized agency. However, the Bureau responsible to investigate all complaints of abuse against the elderly or adults with a disability and shall have the responsibility to complete and document the investigation efforts, regardless of the lack of cooperation of the victim of abuse.

(b)If the elderly or adult with a disability victim or alleged victim of abuse is so incapacitated that he or she cannot legally give or deny consent to an investigation or protective services, the Bureau may initiate a petition for guardianship in accordance with Chapter 38 of Title 15 Guam Code Annotated, or initiate a petition for civil commitment pursuant to law.

(c)If a social worker of the Bureau or other authorized agency who is investigating a report of abuse is denied access to the alleged victim by a caregiver or household member, such agency may petition the Superior Court for an order allowing the Bureau or agency immediate access to the alleged victim.

(1)The court shall give notice to the caregiver or household member who is denying access at least twenty-four

(24)hours prior to the hearing.

(2)The Court may dispense with the notice upon finding that immediate and reasonably foreseeable harm to the alleged victim will result from the twenty-four

(24)hour delay.

(3)If, after the hearing, the court determines, based upon clear and convincing evidence, that the caregiver or household member should be required to allow access, the Court shall so order.

(A)The order allowing access shall remain in effect for a period not to exceed seventy-two

(72)hours and

(B)may be extended for an additional seventy-two

(72)hours if the court finds that the extension is necessary for the Bureau or its authorized agency to gain access to the alleged victim.

(d)[No text]

(1)No person shall interfere with the provision of protective services to an elderly or adult with a disability who requests or consents to receive such services.

(2)In the event that interference occurs on a continuing basis, the Bureau, its authorized protective services agency, or the public guardian may petition the court to enjoin such interference.