How Does the Procedure Differ for Temporary Guardians and Conservators?
The petition for temporary guardianship or conservatorship must be accompanied by an affidavit explaining the emergency and the specific powers being requested. It must be shown that the appointment of a temporary guardian or conservator is necessary to prevent serious, immediate and irreparable harm to the health or financial interest of the incapacitated adult. The court will limit powers and duties to those necessary to address the emergency. (5-310-A). With certain exceptions, oral or written notice must be provided prior to filing a petition to the incapacitated adult as well as to the person’s spouse, parents, adult children or domestic partner known to the court. If there are no such persons, then the closest adult relative or, if none, an adult friend must be contacted. In addition, any person serving as guardian or conservator or who has care and custody of the adult must be notified. Prior notice is not required under the following circumstances: 1) giving notice places the i
