Law enforcement or Adult Protective Services investigators may collect evidence regarding alleged abuse, neglect, or exploitation of a vulnerable adult by taking, or causing to be taken, photographs, video tape recordings, or audio or video tape accounts of a vulnerable adult, if the vulnerable adult:
(1) consents to the taking of the photographs, video tape recordings, or audio or video tape accounts; or
(2) lacks the capacity to give the consent described in Subsection (1).