46.90(5)(b)2.
2. Observation of the elder adult at risk, with or without consent of his or her guardian or agent under an activated power of attorney for health care, if any.
46.90(5)(b)3.
3. An interview with the elder adult at risk, in private to the extent practicable, and with or without the consent of his or her guardian or agent under an activated power of attorney for health care, if any.
46.90(5)(b)4.
4. An interview with the guardian or agent under an activated power of attorney for health care, if any, and with any caregiver of the elder adult at risk.
46.90(5)(b)5.
5. A review of the treatment and patient health care records of the elder adult at risk.
46.90(5)(b)6.
6. A review of any financial records of the elder adult at risk that are maintained by a financial institution, as defined in
s. 705.01 (3); by an entity, as defined in
s. 50.065; by any caregiver of the elder adult at risk; or by a member of the immediate family of the elder adult at risk or caregiver. The records shall be released without informed consent in either of the following circumstances:
46.90(5)(b)6.a.
a. To an elder-adult-at-risk agency or other investigative agency under this section. The financial record holder may release financial record information by initiating contact with the elder-adult-at-risk agency or other investigative agency without first receiving a request for release of the information from the elder-adult-at-risk agency or other investigative agency.
46.90(5)(br)
(br) The elder-adult-at-risk agency or other investigative agency may transport the elder adult at risk for performance of a medical examination by a physician if any of the following applies:
46.90(5)(br)1.
1. The elder adult at risk or his or her guardian or agent under an activated power of attorney for health care, if any, consents to the examination.
46.90(5)(br)2.
2. The elder adult at risk is incapable of consenting to the examination and one of the following applies:
46.90(5)(br)2.a.
a. The elder adult at risk has no guardian or agent under an activated power of attorney for health care.
46.90(5)(br)2.b.
b. The elder adult at risk has a guardian or an agent under an activated power of attorney for health care, but that guardian or agent is the person suspected of abusing, neglecting, or financially exploiting the elder adult at risk.
46.90(5)(c)
(c) The elder-adult-at-risk agency may request a sheriff or police officer to accompany the elder-adult-at-risk agency investigator or worker during visits to the residence of the elder adult at risk or request other assistance as needed. If the request is made, a sheriff or police officer shall accompany the elder-adult-at-risk agency investigator or worker to the residence of the elder adult at risk and shall provide other assistance as requested or necessary.
46.90(5)(d)
(d) If a person interferes with the response or investigation under this subsection or interferes with the delivery of protective services under
ch. 55 to the elder adult at risk, the elder-adult-at-risk agency investigator or worker may apply for an order under
s. 813.123 prohibiting the interference.
46.90(5)(f)
(f) If the elder-adult-at-risk agency worker or investigator or other agency investigator has reason to believe that substantial physical harm, irreparable injury, or death may occur to an elder adult at risk, the worker or investigator shall request immediate assistance in either initiating a protective services action under
ch. 55 or contact law enforcement or another public agency, as appropriate.
46.90(5)(h)
(h) No person may be held civilly or criminally liable or be found guilty of unprofessional conduct for responding to a report or for participating in or conducting an investigation under this subsection, including the taking of photographs or the conducting of a medical examination, if the response or investigation was performed in good faith and within the scope of his or her authority.
46.90(5m)
(5m) Offer of services and referral of cases. 46.90(5m)(a)(a) Upon responding to a report, the elder-adult-at-risk agency or the investigative agency shall determine whether the elder adult at risk or any other individual involved in the alleged abuse, financial exploitation, neglect, or self-neglect is in need of services under this chapter or
ch. 47,
49,
51,
54, or
55. From the appropriation under
s. 20.435 (7) (dh), the department shall allocate to selected counties not less than $25,000 in each fiscal year, and within the limits of these funds and of available state and federal funds and of county funds appropriated to match the state and federal funds, the elder-adult-at-risk agency shall provide the necessary direct services to the elder adult at risk or other individual or arrange for the provision of the direct services with other agencies or individuals. Those direct services provided shall be rendered under the least restrictive conditions necessary to achieve their objective.
46.90(5m)(b)
(b) If the elder-adult-at-risk agency is not the aging unit, the elder-adult-at-risk agency in each county shall consult with and accept advice from the aging unit with respect to the distribution of the funds for direct services that are allocated under
par. (a).
46.90(5m)(br)
(br) If, after responding to a report, the elder-adult-at-risk agency has reason to believe that the elder adult at risk has been the subject of abuse, financial exploitation, neglect, or self-neglect, the elder-adult-at-risk agency may do any of the following:
46.90(5m)(br)1.
1. Request immediate assistance in initiating a protective services action under
ch. 55 or contact an investigative agency, as appropriate.
46.90(5m)(br)2.
2. Take appropriate emergency action, including emergency protective placement under
s. 55.135, if the elder-adult-at-risk agency determines that the emergency action is in the best interests of the elder adult at risk and the emergency action is the least restrictive appropriate intervention.
46.90(5m)(br)3.
3. Refer the case to law enforcement officials, as specified in
sub. (3) (a), for further investigation or to the district attorney, if the elder-adult-at-risk agency has reason to believe that a crime has been committed.
46.90(5m)(br)4.
4. Refer the case to the licensing, permitting, registration, or certification authorities of the department or to other regulatory bodies if the residence, facility, or program for the elder adult at risk is or should be licensed, permitted, registered, or certified or is otherwise regulated.
46.90(5m)(br)5.
5. Refer the case to the department of regulation and licensing if the financial exploitation, neglect, self-neglect, or abuse involves an individual who is required to hold a credential, as defined in
s. 440.01 (2) (a), under
chs. 440 to
460.
46.90(5m)(br)6.
6. Bring a petition for a guardianship and protective services or protective placement under
ch. 55 or a review of an existing guardianship if necessary to prevent financial exploitation, neglect, self-neglect, or abuse and if the elder adult at risk would otherwise be at risk of serious harm because of an inability to arrange for necessary food, clothing, shelter, or services.
46.90(5m)(c)
(c) An elder adult at risk may refuse to accept services unless a guardian authorizes the services. The elder-adult-at-risk agency or other provider agency shall notify the elder adult at risk of this right to refuse before providing services.