(a) (1) (A) If upon presentation of an emergency ex parte motion accompanied by an affidavit or verified petition giving rise to specific facts in appropriate detail the court finds that there is imminent danger to the life or health of an incapacitated person or of loss, damage, or waste to the property of an incapacitated person and that this requires the immediate appointment of a guardian of his or her person or estate, or both, the court shall issue an order appointing an emergency temporary guardian.(B) (i) An ex parte emergency guardianship order shall include a date and time certain, not to exceed fourteen (14) days from the date on which the order is entered, for a hearing reviewing the allegations in the emergency ex parte motion and consideration on whether a temporary guardianship shall be granted.(ii) Notice of the emergency guardianship order shall consist of a copy of the petition for emergency guardianship, any accompanying documents to the petition for emergency guardianship, and a copy of the emergency guardianship order.(iii) The notice under subdivision (a)(1)(B)(ii) of this section shall be served immediately upon the necessary parties under § 28-65-207 with notice of the emergency guardianship review hearing or temporary guardianship hearing.
(1) (A) If upon presentation of an emergency ex parte motion accompanied by an affidavit or verified petition giving rise to specific facts in appropriate detail the court finds that there is imminent danger to the life or health of an incapacitated person or of loss, damage, or waste to the property of an incapacitated person and that this requires the immediate appointment of a guardian of his or her person or estate, or both, the court shall issue an order appointing an emergency temporary guardian.(B) (i) An ex parte emergency guardianship order shall include a date and time certain, not to exceed fourteen (14) days from the date on which the order is entered, for a hearing reviewing the allegations in the emergency ex parte motion and consideration on whether a temporary guardianship shall be granted.(ii) Notice of the emergency guardianship order shall consist of a copy of the petition for emergency guardianship, any accompanying documents to the petition for emergency guardianship, and a copy of the emergency guardianship order.(iii) The notice under subdivision (a)(1)(B)(ii) of this section shall be served immediately upon the necessary parties under § 28-65-207 with notice of the emergency guardianship review hearing or temporary guardianship hearing.
(A) If upon presentation of an emergency ex parte motion accompanied by an affidavit or verified petition giving rise to specific facts in appropriate detail the court finds that there is imminent danger to the life or health of an incapacitated person or of loss, damage, or waste to the property of an incapacitated person and that this requires the immediate appointment of a guardian of his or her person or estate, or both, the court shall issue an order appointing an emergency temporary guardian.
(B) (i) An ex parte emergency guardianship order shall include a date and time certain, not to exceed fourteen (14) days from the date on which the order is entered, for a hearing reviewing the allegations in the emergency ex parte motion and consideration on whether a temporary guardianship shall be granted.(ii) Notice of the emergency guardianship order shall consist of a copy of the petition for emergency guardianship, any accompanying documents to the petition for emergency guardianship, and a copy of the emergency guardianship order.(iii) The notice under subdivision (a)(1)(B)(ii) of this section shall be served immediately upon the necessary parties under § 28-65-207 with notice of the emergency guardianship review hearing or temporary guardianship hearing.
(i) An ex parte emergency guardianship order shall include a date and time certain, not to exceed fourteen (14) days from the date on which the order is entered, for a hearing reviewing the allegations in the emergency ex parte motion and consideration on whether a temporary guardianship shall be granted.
(ii) Notice of the emergency guardianship order shall consist of a copy of the petition for emergency guardianship, any accompanying documents to the petition for emergency guardianship, and a copy of the emergency guardianship order.
(iii) The notice under subdivision (a)(1)(B)(ii) of this section shall be served immediately upon the necessary parties under § 28-65-207 with notice of the emergency guardianship review hearing or temporary guardianship hearing.
(b) (1) The court may consider a petition for a temporary guardianship at a hearing that was conducted following proper notice under § 28-65-207 regardless of whether an emergency guardianship has been requested.(2) If the court finds clear and convincing evidence that a temporary guardianship is necessary and appropriate to protect the ward or the property of the ward after the hearing required under subdivision (a)(1)(B) or subdivision (b)(1) of this section or after a written agreement or agreement in court by the necessary parties, the court may enter an order granting temporary guardianship for a period of up to ninety (90) days from the date of the emergency hearing.(3) (A) If the incapacitated person is an adult, the period for the appointment of a temporary guardian shall not exceed ninety (90) days.(B) If the incapacitated person is a minor, on or before the expiration of the ninety-day period and after a hearing on the merits or an agreement by the necessary parties, the court may extend the temporary guardianship for up to an additional one hundred eighty (180) days.
(1) The court may consider a petition for a temporary guardianship at a hearing that was conducted following proper notice under § 28-65-207 regardless of whether an emergency guardianship has been requested.
(2) If the court finds clear and convincing evidence that a temporary guardianship is necessary and appropriate to protect the ward or the property of the ward after the hearing required under subdivision (a)(1)(B) or subdivision (b)(1) of this section or after a written agreement or agreement in court by the necessary parties, the court may enter an order granting temporary guardianship for a period of up to ninety (90) days from the date of the emergency hearing.
(3) (A) If the incapacitated person is an adult, the period for the appointment of a temporary guardian shall not exceed ninety (90) days.(B) If the incapacitated person is a minor, on or before the expiration of the ninety-day period and after a hearing on the merits or an agreement by the necessary parties, the court may extend the temporary guardianship for up to an additional one hundred eighty (180) days.
(A) If the incapacitated person is an adult, the period for the appointment of a temporary guardian shall not exceed ninety (90) days.
(B) If the incapacitated person is a minor, on or before the expiration of the ninety-day period and after a hearing on the merits or an agreement by the necessary parties, the court may extend the temporary guardianship for up to an additional one hundred eighty (180) days.
(c) (1) If the petitioner is unable to serve a necessary party who is entitled to notice of an emergency guardianship review hearing under subdivision (a)(1)(B) of this section, a hearing regarding a petition for temporary guardianship under subdivision (b)(1) of this section, or both, despite reasonable efforts, and a temporary guardianship is granted, the petitioner shall make further reasonable efforts to serve the necessary party with a copy of the pleadings and a copy of the temporary guardianship order that includes notice of the right to request a review hearing described in subdivision (c)(2) of this section.(2) (A) A necessary party who was not timely served before the temporary guardianship hearing may request a review hearing of the temporary guardianship order.(B) If a review hearing is requested under subdivision (c)(2)(A) of this section, the court shall schedule the review hearing as soon as is reasonably possible for consideration on whether the temporary guardianship order should be amended, ended, or continued in the same form.
(1) If the petitioner is unable to serve a necessary party who is entitled to notice of an emergency guardianship review hearing under subdivision (a)(1)(B) of this section, a hearing regarding a petition for temporary guardianship under subdivision (b)(1) of this section, or both, despite reasonable efforts, and a temporary guardianship is granted, the petitioner shall make further reasonable efforts to serve the necessary party with a copy of the pleadings and a copy of the temporary guardianship order that includes notice of the right to request a review hearing described in subdivision (c)(2) of this section.
(2) (A) A necessary party who was not timely served before the temporary guardianship hearing may request a review hearing of the temporary guardianship order.(B) If a review hearing is requested under subdivision (c)(2)(A) of this section, the court shall schedule the review hearing as soon as is reasonably possible for consideration on whether the temporary guardianship order should be amended, ended, or continued in the same form.
(A) A necessary party who was not timely served before the temporary guardianship hearing may request a review hearing of the temporary guardianship order.
(B) If a review hearing is requested under subdivision (c)(2)(A) of this section, the court shall schedule the review hearing as soon as is reasonably possible for consideration on whether the temporary guardianship order should be amended, ended, or continued in the same form.
(d) The temporary guardian shall make such reports as the court shall direct.
(e) In all other respects, the provisions of this chapter concerning guardians shall apply to temporary guardians, and an appeal may be taken from the order of appointment of a temporary guardian.
(f) The letters issued to a temporary guardian shall state the date of expiration of the authority of the temporary guardian.