§346-231  Order for immediate protection.  (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 shall seek an order for immediate protection
in accordance with this section.



(b)  A finding of probable cause may be based
in whole or in part upon hearsay evidence 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 section 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 section 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 section 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. [L 1989, c
381, 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 an
order to void a will in another action sought by a party other than the
department of human services where this chapter makes clear that this statute
is for the benefit of the department and does not create a right to proceed for
private litigants.  110 H. 8, 129 P.3d 511.