§ 235F.5 — Hearings — temporary orders

Iowa § 235F.5

• Jurisdiction: Iowa
• Title VI: HUMAN SERVICES
• Ch. 235F: ELDER ABUSE

Text

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.
2. The court may enter any temporary order it deems necessary to protect the vulnerable
elderfromelderabusepriortothehearing,upongoodcauseshowninanexparteproceeding.
Present danger of elder abuse constitutes good cause for purposes of this subsection.
§235F.5, ELDER ABUSE 4
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. Theguardian, conservator, attorneyinfact, orguardianadlitemofthevulnerableelder.
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.