(1) Where the Director considers, while he or she is conducting an investigation under section 15, 30, 47 or 76, as the case may be, that an immediate prohibition of a decision-making assistant, co-decision-maker, decision-making representative or attorney for a relevant person from acting as such is necessary because of an immediate risk of harm to the relevant person or the property of the relevant person, he or she may make an application to the court for a temporary prohibition order under subsection (3) pending the resolution, by the Director or the court, as the case may be, of his or her investigation.

(2) Where an application under subsection (1) for an order is made ex parte, it shall be grounded on an affidavit sworn by the Director or by a person to whom that function is delegated under section 98(2).