summary
Introduced
01/28/2026
01/28/2026
In Committee
02/25/2026
02/25/2026
Crossed Over
Passed
Dead
Introduced Session
104th General Assembly
Bill Summary
Amends the Adult Protective Services Act. In provisions concerning financial exploitation of an eligible adult, provides that a court may grant a temporary injunction ex parte, pending a full hearing, and may grant such relief as the court deems proper if the court makes certain findings, including, but not limited to, that an immediate and present danger of exploitation of the eligible adult exists, there is a likelihood of irreparable harm and nonavailability of an adequate remedy at law, there is a substantial likelihood of success on the merits, and the threatened injury to the eligible adult outweighs possible harm to the respondent. Sets forth the types of injunctive relief a court might grant, including, but not limited to, freezing the eligible adult's assets or lines of credit, awarding the eligible adult temporary exclusive use and possession of his or her dwelling, if shared with the respondent, and providing directives to law enforcement. Contains provisions on the scope and effect of an ex parte temporary injunction and the grounds for its denial. Sets forth factors a court will consider to determine whether there are reasonable grounds to believe an eligible adult is or is in imminent danger of becoming a victim of financial exploitation; notice of petition and injunction; final hearings on a petition; final cost judgments against a respondent; the transmittal of petitions, financial affidavits, hearing notices to the county sheriff or law enforcement agency; court certification of all orders issued, changed, continued, extended, or vacated subsequent to the original petition, notice of hearing, or temporary injunction; the enforcement of injunction violations through a civil or criminal contempt proceeding; judgment damages against a petitioner; modification or dissolution of injunction; substitute service for unascertainable respondent whose identity cannot be ascertained or whose identity is unknown; and other matters.
AI Summary
This bill amends the Adult Protective Services Act to provide enhanced protections for eligible adults against financial exploitation by allowing courts to grant temporary injunctions ex parte, meaning without the other party present, if there's an immediate danger of exploitation, irreparable harm, and no adequate legal remedy. These injunctions can include freezing assets or lines of credit, granting exclusive use of a shared dwelling, and directing law enforcement actions, with specific criteria for when such relief can be granted and detailed provisions for notice, hearings, and enforcement, including civil or criminal contempt for violations. The bill also outlines factors courts will consider to determine reasonable grounds for believing an eligible adult is at risk of exploitation, establishes procedures for serving petitions and injunctions, and allows for substitute service on unknown respondents, aiming to expedite protection and provide comprehensive legal recourse for victims.
Committee Categories
Justice
Sponsors (1)
Last Action
Placed on Calendar 2nd Reading - Short Debate (on 02/25/2026)
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