(6) "Elderly person" has the same meaning as defined in § 222 of Title 11. (a) The Secretary of the Department of Health and Social Services shall appoint, within 6 weeks of July 1, 1982, an advisory committee to assist the Department in developing a comprehensive and coordinated system of protective services for adults who are impaired or incapacitated in the State.(7) "Emergency" means that a person is living in conditions which present a substantial risk of serious harm and includes, but is not limited to, problems which cannot be managed by a person who is impaired, such as insufficient food supply, inadequate shelter, threatened or actual abuse or utility shut-off. The committee shall consist of representatives of the Office of the Public Guardian, the Division of Economic Services, the Division of Services for Aging and Adults with Physical Disabilities, the Division of Developmental Disabilities Services, the Division of Substance Abuse and Mental Health, the Division of Public Health, and Senior Citizens Legal Assistance Program and the Governor's Council on Emergency Medical Services.(2) Protective services authorized by an emergency order shall not include hospitalization or change of residence unless the Court specifically finds such action is necessary and gives specific approval for such action in its order.(3) Protective services may be provided through an emergency order for a maximum of 90 days upon a showing to the Court that continuation of the original order is necessary to remove the emergency.(21) "Public Guardian" means the Office of the Public Guardian. (9) Provisions for emergency food, clothing, fuel allotments and funds for persons determined to be in need of such services. If the person withdraws or refuses consent, the service shall not be provided unless by Court order. If a person lacks the capacity to consent to receive protective services, these services may only be given in 1 or more of the following ways: (1) By a police officer, on probable cause of death or immediate and irreparable physical injury, pursuant to § 3907 of this title.(22) "Substantially impaired in the ability to provide adequately for the person's own care and custody" means the person who is impaired is unable to perform or obtain for himself or herself essential services. (10) Arranging for the development of a system, in cooperation with public and private community agencies, to insure that emergencies requiring adult protection services will be handled on a coordinated basis. (b) No person shall interfere with the provision of protective services to a person who requests or consents to receive such services or who has been ordered by Court to be provided with such services. (2) By the Attorney General or a Deputy Attorney General of this State, pursuant to § 3907 of this title.
The General Assembly, therefore, intends through this chapter to establish a system of services for impaired adults designed to protect their health, safety and welfare. (4) "Court" means the Court of Chancery of the State.
A pattern of emotional abuse, which includes, but is not limited to, ridiculing or demeaning an adult who is impaired making derogatory remarks to an adult who is impaired or cursing or threatening to inflict physical or emotional harm on an adult who is impaired.