Code of Massachusetts Regulations
651 CMR - EXECUTIVE OFFICE OF ELDER AFFAIRS
Title 651 CMR 5.00 - Elder Abuse Reporting and Protective Services Program
Section 5.11 - Elder's Refusal to Participate

(1) An Elder with the Decisional Capacity to understand the circumstances and consequences of a report received by a Protection Services Agency and the nature of available Protection Services may refuse to participate in an Investigation being conducted by a Protective Services Agency. If an Elder refuses to participate in an investigation, the Protective Services Agency shall make all reasonable efforts to continue the investigation and attempt to comply with the requirements of 651 CMR 5.10 to the extent possible and in a manner that will not unnecessarily endanger the Elder.

(2) All reasonable efforts should be made to conduct at least one home visit or in-person interview with the Elder.

(3) If after completing an Investigation without the participation of the elder, the Protective Services Agency determines there is Reasonable Cause to Believe a Reportable Condition exists, the Protective Service Agency shall develop a service plan in accordance with 651 CMR 5.13 and offer Protective Services to the Elder. Elders with Decisional Capacity retain the right to refuse such Protective Services.