29-5-14. Appointment of emergency conservator; requirements of petition.

Any interested person, including the proposed ward, may file a petition for the appointment of an emergency conservator. Such petition shall be filed in the court of the county in which:#

1. (1)

   The proposed ward is domiciled;#

2. (2)

   The proposed ward is found; or#

3. (3)

   Jurisdiction is otherwise proper under Code Section 29-11-12.#

The petition for appointment of an emergency conservator shall set forth:#

1. (1)

   A statement of the facts upon which the court’s jurisdiction is based;#

2. (2)

   The name, address, and county of domicile of the proposed ward, if known;#

3. (3)

   The name, address, and county of domicile of the petitioner and the petitioner’s relationship to the proposed ward;#

4. (4)

   A statement of the reasons the emergency conservatorship is sought, including the facts which support the need for a conservator and the facts which establish an immediate and substantial risk of irreparable waste or dissipation of the proposed ward’s property unless an emergency conservator is appointed;#

5. (5)

   The reasons why compliance with the procedures of Code Sections 29-5-10 through 29-5-13 is not appropriate in the circumstances;#

6. (6)

   The fact that no other person appears to have authority and willingness to act in the circumstances, whether under a power of attorney, trust, or otherwise; and#

7. (7)

   The reason for any omission to the petition for appointment of emergency conservator in the event full particulars are lacking.#

The petition shall state whether a petition for the appointment of a conservator or guardian has been filed or is being filed in conjunction with the petition for the appointment of an emergency conservator; and, if no other petition has been filed or is being filed, shall include a summary description of all known assets, income, other sources of funds, liabilities, and expenses of the proposed ward.#

1. (1)

   The petition shall be sworn to by two or more petitioners or shall be supported by an affidavit of a physician licensed to practice medicine under Chapter 34 of Title 43, a psychologist licensed to practice under Chapter 39 of Title 43, a physician assistant licensed under Chapter 34 of Title 43, a nurse practitioner or clinical nurse specialist in psychiatric/mental health licensed or registered under Chapter 26 of Title 43, a professional counselor licensed under Chapter 10A of Title 43, or a licensed clinical social worker, or, if the proposed ward is a patient in any federal medical facility in which such a physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker is not available, a physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker authorized to practice in such federal facility.#

2. (2)

   Any affidavit shall be based on personal knowledge and shall state that the affiant has examined the proposed ward within 15 days prior to the filing of the petition and that, based on the examination, the proposed ward was determined to lack sufficient capacity to make or communicate significant, responsible decisions concerning the management of the proposed ward’s property and that there is an immediate and substantial risk of irreparable waste or dissipation of the proposed ward’s property unless an emergency conservator is appointed.#

3. (3)

   In addition to stating the facts that support the need for an emergency conservator, the affidavit shall state the foreseeable duration of the emergency conservatorship and may set forth the affiant’s opinion as to any other limitations on the emergency conservatorship.#