FINANCIALLY EXPLOITED ADULT

From the Legislature

Amends the Adult Protective Services Act. In provisions concerning financial exploitation of an eligible adult, provides that a court may grant a temporary restraining order ex parte, pending a full hearing, and may grant such relief as the court deems proper if the court makes certain findings, including, but not limited to, that an immediate and present danger of exploitation of the eligible adult exists, there is a likelihood of irreparable harm and nonavailability of an adequate remedy at law, there is a substantial likelihood of success on the merits, and the threatened injury to the eligible adult outweighs possible harm to the respondent. Sets forth the types of relief a court might grant, including, but not limited to, freezing the eligible adult's assets or lines of credit, awarding the eligible adult temporary exclusive use and possession of his or her dwelling, if shared with the respondent, and providing directives to law enforcement. Contains provisions on the scope and effect of an ex parte temporary restraining order and the grounds for its denial. Sets forth factors a court will consider to determine whether there are reasonable grounds to believe an eligible adult is or is in imminent danger of becoming a victim of financial exploitation; notice of petition and injunction; final hearings on a petition; final cost judgments against a respondent; the transmittal of petitions, financial affidavits, hearing notices to the county sheriff or law enforcement agency; court certification of all orders issued, changed, continued, extended, or vacated subsequent to the original petition, notice of hearing, or temporary restraining order; the enforcement of injunction violations through a civil or criminal contempt proceeding; judgment damages against a petitioner; modification or dissolution of a temporary restraining order, preliminary injunction, or permanent injunction; and other matters. Amends the Code of Civil Procedure. Provides that in cases of financial exploitation where the alleged perpetrator is unknown or unascertainable, service upon the alleged perpetrator may be made on the platform or third party through which the alleged financial exploitation occurred. Provides that notice shall be provided by the same method used by the alleged perpetrator to communicate with the protected party, and documentation of identifying information and all service attempts shall be filed with the court. Provides that the court may order any further reasonable measures to effectuate notice and provide an opportunity to be heard.