§346-231  Order for immediate protection.  (a) If the department believes that a person is a vulnerable adult and it appearsprobable that the vulnerable adult has incurred abuse or is in danger of abuseif immediate action is not taken and the vulnerable adult consents, or if thevulnerable adult does not consent and there is probable cause to believe thatthe vulnerable adult lacks the capacity to make decisions concerning thevulnerable adult's person, the department shall seek an order for immediate protectionin accordance with this section.

(b)  A finding of probable cause may be basedin whole or in part upon hearsay evidence when direct testimony is unavailableor when it is demonstrably inconvenient to summon witnesses who will be able totestify to facts from personal knowledge.

(c)  Upon finding that the person is avulnerable adult and that there is probable cause to believe that thevulnerable adult has incurred abuse or is in danger of abuse if immediateaction is not taken and the vulnerable adult consents, or if the vulnerableadult does not consent and there is probable cause to believe that thevulnerable adult lacks the capacity to make decisions concerning the vulnerableadult's person, the court shall issue an order for immediate protection.  Thisorder may include:

(1)  An authorization for the department to transportthe 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 section 346-232.

(d)  The court may also make orders as may beappropriate to third persons, including temporary restraining orders, enjoiningthem from:

(1)  Removing the vulnerable adult from the care orcustody of another;

(2)  Actions that would result in abuse of thevulnerable adult;

(3)  Living at the vulnerable adult's residence;

(4)  Contacting the vulnerable adult in person or bytelephone;

(5)  Selling, removing, or otherwise disposing of thevulnerable adult's personal property;

(6)  Withdrawing funds from any bank, savings and loanassociation, credit union, or other financial institution, or from a stockaccount in which the vulnerable adult has an interest;

(7)  Negotiating any instruments payable to thevulnerable adult;

(8)  Selling, mortgaging, or otherwise encumbering anyinterest that the vulnerable adult has in real property;

(9)  Exercising any powers on behalf of the vulnerableadult by representatives of the department, any court-appointed guardian orguardian ad litem, or any official acting on the vulnerable adult's behalf; and

(10)  Engaging in any other specified act that, basedupon the facts alleged, would constitute harm or present a danger of immediateharm to the vulnerable adult or would cause the loss of the vulnerable adult'sproperty.

(e)  Court orders under section 346-232 andthis section may be obtained upon oral or written application by thedepartment, without notice and without a hearing.  Any oral application shallbe reduced to writing within twenty-four hours.  The court may issue its orderorally; provided that it shall reduce the order to writing as soon as possiblethereafter and in any case not later than twenty-four hours after the court receivedthe written application.  Certified copies of the application and order shallbe personally served upon the vulnerable adult and any other person or entityaffected by the order together with the notice of the order to show causehearing in section 346-232.

(f)  If a written order for immediateprotection is issued, the department shall file a petition invoking thejurisdiction of the court under this part within twenty-four hours. [L 1989, c381, pt of §1; am L 1990, c 144, §1 and c 234, §4; am L 2008, c 154, §13]

 

Case Notes

 

  This section did not provide a jurisdictional basis for anorder to void a will in another action sought by a party other than thedepartment of human services where this chapter makes clear that this statuteis for the benefit of the department and does not create a right to proceed forprivate litigants.  110 H. 8, 129 P.3d 511.