Least Restrictive Alternative Available Approach for Elder Protection

N.C.C. Title 9, § 1805

Tribe: Navajo Nation

§ 1805. Elder Protection Services
A. Consistent with available resources, the Navajo Area Agency on Aging
will have a duty to provide necessary protection services to an elder who has
been or is being abused, neglected or exploited. Any protection services
provided shall be the least restrictive alternative available and necessary to
meet the needs of the elder, the elder’s family and caregiver(s). When
possible, the affected elder and the elder’s family and caregiver(s) shall be
consulted in determining what services shall be provided.
B. Consistent with § 1815, the Navajo Division of Health or any other
interested person or party may file a petition seeking an Elder Protection
Order when good cause exists to believe that an elder is abused, neglected,
exploited or incapacitated and is therefore suffering harm.
C. The elder, the elder’s family or caregiver(s), if financially able to
do so, will pay for some or all of the cost of services or resources provided
to the elder pursuant to this Act.
D. Before providing any services, the Navajo Division of Health will
inform the elder to the protections services which will be provided and
possible alternatives to these services, if any.

Read Full Text of N.C.C. Title 9, § 1805