Statutes | 4 HCC § 1 Chapter V § 17 | 2020
a. An Elder has the right to be informed about an Elder abuse investigation before it begins unless an emergency exists, in which case, they shall be informed as soon as possible, but not later than one (1) business day after the investigation begins.
b. An Elder has the right to refuse to accept elder protective services (even if there is good cause to believe that the Elder has been or is being abused, neglected, self-neglected, or exploited) provided that the Elder is able to care for himself or herself and/or has the capacity to understand the nature of the services offered.
c. An Elder has the right to refuse an Elder Protection Worker entrance into their home and the Elder Protection Worker shall so inform the Elder of this right before seeking entry. The Elder Protection Worker shall also inform the Elder of the right of the Elder Protection Worker to seek a warrant to gain access.
d. The Elder has the right to be represented by counsel at his or her own expense at all proceedings.
(1) If the Elder seeks to proceed independently, then the Elder may retain private counsel to represent himself or herself at his or her own cost or proceed without counsel (pro se).
(2) If the Elder seeks to have the assistance of the CFS Elder Protection Program in filing the Petition, then CFS and the DOJ shall make a determination on whether a legal claim exists and then make a determination on how to proceed.