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(a) Any victim of elder or dependent adult abuse may refuse
or withdraw consent at any time to an investigation or the provision
of protective services by an adult protective services agency or
long-term care ombudsman program. The adult protective services
agency shall act only with the consent of the victim unless a
violation of the Penal Code has been alleged. A local long-term care
ombudsman shall act only with the consent of the victim and shall
disclose confidential information only after consent to disclose is
given by the victim or pursuant to court order.
   (b) If the elder or dependent adult abuse victim is so
incapacitated that he or she cannot legally give or deny consent to
protective services, a petition for temporary conservatorship or
guardianship may be initiated in accordance with Section 2250 of the
Probate Code.