The hearing on a petition for an emergency order under this article shall be held under all of the following conditions:
(a) The person with respect to whom an emergency order is sought shall be present unless that person knowingly and voluntarily waives the right to be present or due to the person’s physical or psychological condition, he or she is unable to be present. Waiver or inability to be present shall not be presumed from that nonappearance of the endangered adult, but shall be determined on the basis of factual information supplied to the court by counsel or a representative appointed by the court.
(b) The endangered adult has the right to counsel, regardless of whether he or she is present at the hearing. If the person is indigent or lacks the capacity to waive counsel, the court shall appoint counsel. The attorney shall advise the endangered adult of his or her rights in relation to the proceeding and shall represent him or her before the court.
(c) The endangered adult or his or her representative may present evidence and cross-examine witnesses.
(d) The hearing shall be held no earlier than 24 hours after the notice of the hearing has been given, unless the notice has been waived by the court.
(e) The court shall issue, for the record, a statement of its findings in support of any order for emergency protective services.
(Added by Stats. 1996, Ch. 913, Sec. 1. Effective January 1, 1997.)
Last modified: October 25, 2018