Appointment of Temporary or Emergency Conservator for an Adult; Temporary Relief. (Effective January 1, 2027)

(a) Either at the court’s discretion after a petition has been filed under this division or on petition under this division by a person interested in the adult’s welfare, including, but not limited to, a hospital as defined in Section 22-21-20, the court may appoint a temporary conservator or emergency conservator for the person or grant such other temporary or emergency relief as may be appropriate, including an order to preserve and apply property of the person as required for support of the person or any person who is in fact dependent on the person, if the court finds all of the following: (1) The appointment of a temporary conservator or emergency conservator or granting of other temporary or emergency relief is likely to prevent substantial and irreparable harm to the person’s property or financial interests. (2) No other person appears to have the authority and the willingness to act in the circumstances. (3) There is reason to believe that a basis for appointment of a conservator or other protective order under Section 26-2A-130 exists. (b)(1) Immediately upon the filing of a petition for appointment of a temporary conservator or emergency conservator or other temporary or emergency relief and if a guardian ad litem has not been appointed to represent the respondent, the court shall appoint a guardian ad litem to represent the respondent in the proceeding. (2) Except as otherwise provided in subsection (d), the court shall provide notice of the date, time, and place of a hearing on a petition under this section at least five days before the time set for the hearing to all of the following parties: a. The respondent. b. The respondent’s guardian ad litem and attorney, if any. c. Any other person that the court determines is an appropriate party to the hearing. (c)(1) The duration of authority of a temporary conservator and the duration of any other temporary relief ordered under this section may not exceed 60 days. The temporary conservator may exercise only the powers specified in the order of appointment. (2) Prior to the expiration of the duration of authority granted to a temporary conservator or the expiration of the duration of any other temporary relief under subdivision (1), the duration of authority of a temporary conservator or the duration of any other temporary relief may be extended for a second term of not more than 60 days without a hearing, provided that the court finds both of the following: a. The conditions for appointment of a temporary conservator or for the granting of any other temporary relief under subsection (a) continue. b. It is in the interest of the respondent to continue the appointment of a temporary conservator or granting of temporary relief. (3) Prior to the expiration of the second or any subsequent term of the duration of authority granted to a temporary conservator or the duration of any other temporary relief under subdivision (2), the authority of a temporary conservator or any other temporary relief may be extended for a third or subsequent term of not more than 60 days upon hearing and upon the court finding that there is good cause to extend the temporary appointment or granting of temporary relief. Notice of the date, time, and place of the hearing to extend the temporary appointment or other temporary relief shall be given in accordance with the requirements established in subsection (b). (d)(1) The court may appoint an emergency conservator or grant other emergency relief without providing notice to the respondent, the respondent’s guardian ad litem, or any attorney for the respondent only if the court finds from an affidavit or testimony that the respondent’s property or financial interests will be substantially and irreparably harmed before a hearing with notice on the appointment can be held. (2) The duration of authority of an emergency conservator may not exceed 10 days. The emergency conservator may exercise only the powers specified in the order of appointment. The duration of any other emergency relief may not exceed 10 days. (3) If the court appoints an emergency conservator or grants other emergency relief without giving notice under subsection (b), the court shall do each of the following: a. Give notice of the appointment of the emergency conservator or the granting of emergency relief not later than 48 hours after the appointment to: 1. The respondent; 2. The respondent’s guardian ad litem and attorney, if any; and 3. Any other person that the court determines is an appropriate party to the hearing. b. Hold a hearing on the appropriateness of the emergency appointment or granting of emergency relief not later than 10 days after the appointment is made or the emergency relief is granted, with notice of the date, time, and place of the hearing given at least five days before the time set for the hearing to those persons listed in paragraph a. (4) At the conclusion of the hearing on the emergency appointment or granting of emergency relief, the court may do any of the following: a. Appoint a temporary conservator for the adult. b. Terminate the emergency conservatorship or other emergency relief without further appointment or relief. c. Grant such other relief as may be proper. (e) The appointment of a temporary conservator or emergency conservator under this section is not a determination that a basis exists for appointment of a conservator or other protective order under Section 26-2A-130. (f) The court may remove a temporary conservator or emergency conservator appointed under this section at any time. (g) The court may order a temporary conservator or emergency conservator to file a written report, the contents of which may be determined by the court. A temporary conservator or emergency conservator shall make any report the court requires. (h) No county sheriff shall be appointed as a temporary conservator or emergency conservator pursuant to this section unless the county sheriff consents and accepts the appointment as temporary conservator or emergency conservator. (i) The requirements of Section 26-2A-139 shall apply to any individual appointed as a temporary conservator or emergency conservator under this section. (j) This section shall apply to all conservatorships and other protective proceedings commencing on or after January 1, 2027. (Act 2026-488, §2.)