Section YAE.11.18 — Rights Of Elders, Their Families, Caretakers And Guardians.

(a) An Elder, the Elder's family, the Elder's caretaker, and/or the guardian shall be informed about an Elder abuse investigation before it begins unless an emergency exists, in which case, they shall be informed as soon as reasonably possible.

(b) An Elder may refuse to accept Elder protective services (even if there is good cause to believe that the Elder has been or is being abused, neglected, or exploited) provided that the Elder is able to care for himself/herself and/or has the capacity to understand the nature of the services offered unless court ordered.

(c) The Elder's family, caretaker, and/or guardian may refuse for themselves, but not for the Elder, those Elder protective services offered pursuant to this Code.

(d) An Elder and the Elder's family, caretaker, and/or guardian may refuse to allow an investigator into their home and the investigator shall so inform the Elder, the Elder's family, caretaker, and/or guardian of this right before seeking entry. The investigator shall also inform them of the right of the investigator to seek a warrant to gain access.

(e) Service of Process. The Elder, Elder's family, caretaker, and/or guardian shall be served personally. No hearing shall be held unless proper service has occurred.

(f) The Elder, Elder's family, caretaker, and/or guardian have the right to attend any proceeding pertaining to the determination of the Elder's capacity and the Elder shall be present at all proceedings unless the Court determines the Elder's health would be at risk at such proceedings.

(g) The Elder, Elder's family, caretaker, and/or guardian have the right to be represented by counsel at their expense at all proceedings.

(h) The Elder, Elder's family, caretaker, and/or guardian have their right to seek independent medical, psychological, or psychiatric evaluation of the Elder at the Elder or family's expense.