(a) If it is determined that an elderly person is in need of protective services, services shall be initiated, provided the elderly person consents. If the elderly person fails to consent and the commissioner has reason to believe that such elderly person is incapable of managing his personal or financial affairs, the commissioner shall provide protective services to the extent possible and may apply to Probate Court for the appointment of a conservator of person or estate, as appropriate.

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(b) If the caregiver of an elderly person who has consented to the receipt of reasonable and necessary protective services refuses to allow the provision of such services to such elderly person, the commissioner may petition the Superior Court or the Probate Court for an order enjoining the caregiver from interfering with the provision of protective services to the elderly person. The petition shall allege specific facts sufficient to show that the elderly person is in need of protective services and consents to their provision and that the caregiver refuses to allow the provision of such services. If the judge finds that the elderly person is in need of such services and has been prevented by the caregiver from receiving the same, the judge may issue an order enjoining the caregiver from interfering with the provision of protective services to the elderly person.