(1) If an adult lacks the capacity to consent to receive protective services in an emergency, these services may be ordered by a court on an emergency basis through an order pursuant to KRS 209.110, provided that: (a) The adult is in a state of abuse or neglect and an emergency exists; (b) The adult is in need of protective services; (c) The adult lacks the capacity to consent and refuses to consent to such services; and (d) No person authorized by law or court order to give consent for the adult is available to consent to emergency protective services or such person refuses to give consent. (2) In ordering emergency protective services, the court shall authorize only that intervention which it finds to be the least restrictive of the individual's liberty and rights while consistent with his welfare and safety.
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