Rule 7 Appointment of Emergency Guardian
Rule Text
Petition or Motion. Any adult interested in the welfare of a minor or an alleged insane or incompetent person may petition, or, in an existing civil or probate case, may move, for the appointment of an emergency guardian for that minor or alleged insane or incompetent person. Appointment. Upon a petition or motion to appoint a guardian, or upon its own motion, the court may appoint an emergency temporary guardian for a minor or an insane or incompetent person if the court finds that there is an imminent danger that:
(1) the physical or mental health or safety of the person will be seriously impaired; or
(2) the property of the minor or an insane or incompetent person will be wasted, misappropriated, or lost unless immediate action is taken. Notice of Hearing. Notice of a hearing on appointment must be served on the proposed ward’s attorney, if one exists, or on the proposed ward at least 24 hours before the hearing on the petition is commenced, unless the petitioner demonstrates that substantial harm to the alleged incapacitated person would occur if the 24-hour notice is given. Expiration of Authority. The authority of an emergency temporary guardian expires 90 days after the date of appointment but may be extended for an additional 90 days upon a showing of necessity.