(a) If the court finds that compliance with the procedures of this part will likely
result in substantial harm to the respondent's health, safety, or welfare, and that
no other person appears to have authority and willingness to act in the circumstances,
the court, on petition by a person interested in the respondent's welfare, may appoint
an emergency guardian whose authority may not exceed ninety days and who may exercise
only the powers specified in the order. Immediately upon appointment of an emergency guardian, the court may appoint a lawyer
to represent the respondent throughout the emergency guardianship. Except as otherwise provided in subsection (b), reasonable notice of the time and
place of a hearing on the petition shall be given to the respondent and any other
persons as the court directs.
(b) An emergency guardian may be appointed without notice to the respondent and the
respondent's lawyer only if the court finds from affidavit or testimony that the respondent
will be substantially harmed before a hearing on the appointment can be held. If the court appoints an emergency guardian without notice to the respondent, the
respondent shall be given notice of the appointment within forty-eight hours after
the appointment. The court shall hold a hearing on the appropriateness of the appointment within
ten days after the appointment unless extended by order of the court.
(c) Appointment of an emergency guardian, with or without notice, shall not be deemed
a determination of the respondent's incapacity.
(d) The court may remove an emergency guardian or modify the powers granted at any
time. An emergency guardian shall make any report the court requires. In other respects, the provisions of this article concerning guardians apply to
an emergency guardian.
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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