(a) If the department believes that a person is a vulnerable adult and it appears probable that the vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken and the vulnerable adult consents, or if the vulnerable adult does not consent and there is probable cause to believe that the vulnerable adult lacks the capacity to make decisions concerning the vulnerable adult’s person, the department may seek an order for immediate protection in accordance with this section.
Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
Hearsay: Statements by a witness who did not see or hear the incident in question but heard about it from someone else. Hearsay is usually not admissible as evidence in court.
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Personal property: All property that is not real property.
Probable cause: A reasonable ground for belief that the offender violated a specific law.
Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
Testify: Answer questions in court.
Testimony: Evidence presented orally by witnesses during trials or before grand juries.
(b) A finding of probable cause may be based in whole or in part upon hearsayevidence when direct testimony is unavailable or when it is demonstrably inconvenient to summon witnesses who will be able to testify to facts from personal knowledge.(c) Upon finding that the person is a vulnerable adult and that there is probable cause to believe that the vulnerable adult has incurred abuse or is in danger of abuse if immediate action is not taken and the vulnerable adult consents, or if the vulnerable adult does not consent and there is probable cause to believe that the vulnerable adult lacks the capacity to make decisions concerning the vulnerable adult’s person, the court shall issue an order for immediate protection. This order may include:
(1) An authorization for the department to transport the person to an appropriate medical or care facility;(2) An authorization for medical examinations;(3) An authorization for emergency medical treatment; and(4) Any other matters as may prevent immediate abuse, pending a hearing under § 346-232.(d) The court may also make orders as may be appropriate to third persons, including temporary restraining orders, enjoining them from:
(1) Removing the vulnerable adult from the care or custody of another;(2) Actions that would result in abuse of the vulnerable adult;(3) Living at the vulnerable adult’s residence;(4) Contacting the vulnerable adult in person or by telephone;(5) Selling, removing, or otherwise disposing of the vulnerable adult’s personal property;(6) Withdrawing funds from any bank, savings and loan association, credit union, or other financial institution, or from a stock account in which the vulnerable adult has an interest;(7) Negotiating any instruments payable to the vulnerable adult;(8) Selling, mortgaging, or otherwise encumbering any interest that the vulnerable adult has in real property;(9) Exercising any powers on behalf of the vulnerable adult by representatives of the department, any court-appointed guardian or guardian ad litem, or any official acting on the vulnerable adult’s behalf; and(10) Engaging in any other specified act that, based upon the facts alleged, would constitute harm or present a danger of immediate harm to the vulnerable adult or would cause the loss of the vulnerable adult’s property.(e) Court orders under § 346-232 and this section may be obtained upon oral or written application by the department, without notice and without a hearing. Any oral application shall be reduced to writing within twenty-four hours. The court may issue its order orally; provided that it shall reduce the order to writing as soon as possible thereafter and in any case not later than twenty-four hours after the court received the written application. Certified copies of the application and order shall be personally served upon the vulnerable adult and any other person or entity affected by the order together with the notice of the order to show cause hearing in § 346-232.(f) If a written order for immediate protection is issued, the department shall file a petition invoking the jurisdiction of the court under this part within twenty-four hours.
