1. Not less than five and not more than fifteen days after commencing a proceeding and upon notice to the other party, a hearing shall be held at which the plaintiff must prove the allegation of elder abuse by a preponderance of the evidence.

Terms Used In Iowa Code 235F.5

  • Allegation: something that someone says happened.
  • Attorney in fact: means an agent under a power of attorney pursuant to chapter 633B or an attorney in fact under a durable power of attorney for health care pursuant to chapter 144B. See Iowa Code 235F.1
  • Conservator: means the same as defined in section 633. See Iowa Code 235F.1
  • Continuance: Putting off of a hearing ot trial until a later time.
  • Court: shall mean and include any court upon which jurisdiction has been conferred to determine the liability of persons for the support of dependents. See Iowa Code 252A.2
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Elder abuse: means any of the following:
     (1) Physical injury to, or injury which is at a variance with the history given of the injury, or unreasonable confinement, unreasonable punishment, or assault of a vulnerable elder by a person not otherwise governed by chapter 235E. See Iowa Code 235F.1
  • 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.
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • 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.
  • Guardian: means the same as defined in section 633. See Iowa Code 235F.1
  • Party: means a petitioner, a respondent, or a person who intervenes in a proceeding instituted under this chapter. See Iowa Code 252A.2
  • Present danger of elder abuse: means a situation in which the defendant has recently threatened the vulnerable elder with initial or additional elder abuse, or the potential exists for misappropriation, misuse, or removal of the funds, benefits, property, resources, belongings, or assets of the vulnerable elder combined with reasonable grounds to believe that elder abuse is likely to occur. See Iowa Code 235F.1
  • Testimony: Evidence presented orally by witnesses during trials or before grand juries.
  • Vulnerable elder: means a person sixty years of age or older who is unable to protect himself or herself from elder abuse as a result of a mental or physical condition or because of a personal circumstance which results in an increased risk of harm to the person. See Iowa Code 235F.1
 2. The court may enter any temporary order it deems necessary to protect the vulnerable elder from elder abuse prior to the hearing, upon good cause shown in an ex parte proceeding. Present danger of elder abuse constitutes good cause for purposes of this subsection.
 3. If a hearing is continued, the court may make or extend any temporary order under subsection 2 that it deems necessary.
 4. Upon application of a party, the court shall issue subpoenas requiring attendance and testimony of witnesses and production of papers.
 5. The court shall advise the defendant of a right to be represented by counsel of the defendant’s choosing and to have a continuance to secure counsel.
 6. At the hearing, the allegation of elder abuse may be proven as required under subsection 1 by but is not limited to the testimony from any of the following:

 a. The vulnerable elder.
 b. The guardian, conservator, attorney in fact, or guardian ad litem of the vulnerable elder.
 c. Witnesses to the elder abuse.
 d. Adult protective services workers who have conducted an investigation.
 7. The court shall exercise its discretion in a manner that protects the vulnerable elder from traumatic confrontation with the defendant.
 8. Hearings shall be recorded.
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