§ 108A-106. Emergency intervention; findings by court; limitations; contents of petition; notice of petition; court authorized entry of premises; immunity of petitioner. - North Carolina Statutes

§ 108A‑106. Emergency intervention; findings by court; limitations; contents of petition;notice of petition; court authorized entry of premises; immunity of petitioner.

(a)        Upon petition by the director, a court may order theprovision of emergency services to a disabled adult after finding that there isreasonable cause to believe that:

(1)        A disabled adult lacks capacity to consent and that he is inneed of protective service;

(2)        An emergency exists; and

(3)        No other person authorized by law or order to give consentfor the person is available and willing to arrange for emergency services.

(b)        The court shall order only such emergency services as arenecessary to remove the conditions creating the emergency. In the event thatsuch services will be needed for more than 14 days, the director shall petitionthe court in accordance with G.S. 108A‑105.

(c)        The petition for emergency services shall set forth thename, address, and authority of the petitioner; the name, age and residence ofthe disabled adult; the nature of the emergency; the nature of the disabilityif determinable; the proposed emergency services; the petitioner's reasonablebelief as to the existence of the conditions set forth in subsection (a) above;and facts showing petitioner's attempts to obtain the disabled adult's consentto the services.

(d)        Notice of the filing of such petition and other relevantinformation, including the factual basis of the belief that emergency servicesare needed and a description of the exact services to be rendered shall begiven to the person, to his spouse, or if none, to his adult children or nextof kin, to his guardian, if any. Such notice shall be given at least 24 hoursprior to the hearing of the petition for emergency intervention; provided,however, that the court may issue immediate emergency order ex parte uponfinding as fact (i)  that the conditions specified in G.S. 108A‑106(a)exist; (ii) that there is likelihood that the disabled adult may sufferirreparable injury or death if such order be delayed; and (iii) that reasonableattempts have been made to locate interested parties and secure from them suchservices or their consent to petitioner's provision of such service; and suchorder shall contain a show‑cause notice to each person upon whom serveddirecting such person to appear immediately or at any time up to and includingthe time for the hearing of the petition for emergency services and show cause,if any exists, for the dissolution or modification of the said order. Copies ofthe said order together with such other appropriate notices as the court maydirect shall be issued and served upon all of the interested parties designatedin the first sentence of this subsection. Unless dissolved by the court forgood cause shown, the emergency order ex parte shall be in effect until thehearing is held on the petition for emergency services. At such hearing, if thecourt determines that the emergency continues to exist, the court may order theprovision of emergency services in accordance with subsections (a) and (b) ofthis section.

(e)        Where it is necessary to enter a premises without thedisabled  adult's consent after obtaining a court order in compliance withsubsection (a) above, the representative of the petitioner shall do so.

(f)         (1)        Upon petition by the director,a court may order that:

a.         The disabled adult's financial records be made available ata certain day and time for inspection by the director or his designated agent;and

b.         The disabled adult's financial assets be frozen and not withdrawn,spent or transferred without prior order of the court.

(2)        Such an order shall not issue unless the court first findsthat there is reasonable cause to believe that:

a.         A disabled adult lacks the capacity to consent and that heis in need of protective services;

b.         The disabled adult is being financially exploited by hiscaretaker; and

c.         No other person is able or willing to arrange for protectiveservices.

(3)        Provided, before any such inspection is done, the caretakerand every financial institution involved shall be given notice and a reasonableopportunity to appear and show good cause why this inspection should not bedone. And, provided further, that any order freezing assets shall expire tendays after such inspection is completed, unless the court for good cause shown,extends it.

(g)        No petitioner shall be held liable in any action brought bythe disabled adult if the petitioner acted in good faith. (1975, c. 797; 1981, c. 275, s. 1; 1985, c. 658, s.3.)