Title 21 — JUDICIAL REMEDIES

Terms used in this chapter mean: (1) "Attorney-in-fact," an agent under a power of attorney pursuant to chapter 59-2 or an attorney-in-fact under a durable power of attorney pursuant to § 59-7-2.1 or chapter 59-12; (2) "Caretaker," a related or nonrelated person who has the respo…

The showing required pursuant to § 21-65-11 may be made by any of the following: (1) The vulnerable adult; (2) The guardian, conservator, attorney-in-fact, or guardian ad litem of the vulnerable adult; (3) A witness to the vulnerable adult abuse; or (4) An adult protective servic…

Upon a finding by a preponderance of the evidence that vulnerable adult abuse has occurred, the court may order any of the following: (1) That the respondent be required to move from the residence of the vulnerable adult if both the vulnerable adult and the respondent are titleho…

If the court finds that the vulnerable adult has been the victim of financial exploitation, the court may order the relief the court considers necessary to prevent or remedy the financial exploitation, including any of the following: (1) Directing the respondent to refrain from e…

The court may not use an order issued pursuant to this chapter to do any of the following: (1) To allow any person other than the vulnerable adult to assume responsibility for the funds, benefits, property, resources, belongings, or assets of the vulnerable adult; or (2) For reli…

A protection order shall be for a fixed period of time not to exceed five years. The court may amend or extend an order at any time upon a petition filed by either party and after notice and a hearing. The court may extend an order if the court, after a hearing at which the respo…

The court may order that the respondent pay the attorney's fees and court costs of the vulnerable adult and substitute petitioner. Source: SL 2016, ch 120 , § 17.

An order pursuant to this chapter does not affect title to real property. Source: SL 2016, ch 120 , § 18.

The petitioner may deliver an order within twenty-four hours to the local law enforcement agency having jurisdiction over the residence of the vulnerable adult. Each law enforcement agency shall make available to other law enforcement officers information as to the existence and …

The petitioner's right to relief under this chapter is not affected by the vulnerable adult leaving home to avoid vulnerable adult abuse. Source: SL 2016, ch 120 , § 20.

If a temporary protection order or a protection order is granted pursuant to this chapter and the respondent or person restrained knows of the order, a violation of the order is a Class 1 misdemeanor. If the acts constituting a violation of this section also constitute an assault…

A vulnerable adult or a substitute petitioner may seek relief from vulnerable adult abuse by filing a petition and affidavit in the circuit court or in a magistrate court with a magistrate judge presiding. Venue is where either party resides. The petition and affidavit shall incl…

If an affidavit filed with a petition under § 21-65-2 alleges that the vulnerable adult is in present danger of vulnerable adult abuse before an adverse party or his or her attorney can be heard in opposition, the court may grant an ex parte temporary protection order pending a f…

If a substitute petitioner files a petition pursuant to § 21-65-2 on behalf of a vulnerable adult, the vulnerable adult retains the right to all of the following: (1) To contact and retain counsel; (2) To have access to personal records; (3) To file objections to the protection o…

By July 1, 2016, the Unified Judicial System shall prescribe standard forms to be used by a vulnerable adult or substitute petitioner seeking a protection order by proceeding pro se in an action pursuant to this chapter. The clerk of the circuit court shall furnish the required f…

Pursuant to § 15-6-17(c), the court may on its own motion or on the motion of a party appoint a guardian ad litem for a vulnerable adult if justice requires. The vulnerable adult's attorney may not also serve as the guardian ad litem. Source: SL 2016, ch 120 , § 8.

Upon receipt of the petition, if sufficient grounds are alleged for relief, the court shall order a hearing which shall be held not later than thirty days from the date of the order unless the court grants a continuance for good cause. Personal service of the petition, affidavit,…

An ex parte temporary protection order is effective for a period of thirty days except as provided in § 21-65-9 unless the court grants a continuance for good cause. No continuance may exceed thirty days unless the court finds good cause for the additional continuance and: (1) Th…

If an ex parte temporary protection order is in effect and the court issues a protection order pursuant to this chapter, the ex parte temporary protection order remains effective until the order issued pursuant to this chapter is served on the respondent. Source: SL 2016, ch 120 …