[§346-232] Order to show cause hearing. (a) When a written order for immediate protection is issued, the court shall hold a hearing on the application for immediate protection, no later than seventy-two hours after issuance of the written order excluding any Saturday or Sunday, requiring cause to be shown why the order or orders should not continue. The department shall make arrangements to have the dependent adult attend the hearing or show cause why the dependent adult cannot attend.

(b) When the court finds that there is probable cause to believe that a dependent adult has been abused and is threatened with imminent abuse, and the dependent adult consents, or if the dependent adult does not consent and the court finds that there is probable cause to believe that the dependent adult lacks the capacity to make decisions concerning the dependent adult's person, the court may continue or modify any order pending an adjudicatory hearing on the petition. These orders may include orders for the dependent adult's temporary placement and ordinary medical care.

(c) The parties personally or through counsel may stipulate to the entry or continuance of such orders as the court deems to be in the best interest of the dependent adult, and the court shall set the case for an adjudicatory hearing as soon as it is practical. [L 1989, c 381, pt of §1; am L 1990, c 144, §1 and c 234, §5]

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