If the department reasonably determines that an incapacitated adult is being abused, neglected or exploited and lacks capacity to consent to protective services, the department may petition the Probate Court for guardianship or conservatorship, in accordance with Title 18-C, section 5-701. The petition must allege specific facts sufficient to show that the incapacitated adult is in need of protective services and lacks capacity to consent to them.   [PL 2017, c. 402, Pt. C, §56 (AMD); PL 2019, c. 417, Pt. B, §14 (AFF).]