29-5-15. Review of petition; dismissal; requirements of court upon finding need for emergency conservator.

Upon the filing of a petition for an emergency conservatorship, the court shall review the petition and the affidavit, if any, to determine whether there is probable cause to believe that the proposed ward is in need of an emergency conservator within the meaning of Code Section 29-5-14.#

If the court determines that there is no probable cause to believe that the proposed ward is in need of an emergency conservator, the court shall dismiss the petition and provide the proposed ward with a copy of the petition, the affidavit, if any, and the order dismissing the petition.#

If the court determines that there is probable cause to believe that the proposed ward is in need of an emergency conservator, the court shall:#

1. (1)

   Immediately appoint legal counsel to represent the proposed ward at the emergency hearing, which counsel may be the same counsel who is appointed to represent the proposed ward in the hearing on the petition for guardianship or conservatorship, if any such petition has been filed, and shall inform counsel of the appointment;#

2. (2)

   Order an emergency hearing to be conducted not sooner than three days nor later than five days after the filing of the petition;#

3. (3)

   Order an evaluation of the proposed ward by an evaluator who shall be 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, other than the physician, psychologist, physician assistant, nurse practitioner, clinical nurse specialist in psychiatric/mental health, professional counselor, or licensed clinical social worker who completed the affidavit attached to the petition pursuant to paragraph (1) of subsection (d) of Code Section 29-5-10. Such evaluation shall be conducted within 72 hours of the time such order was issued, and a written report shall be furnished to the court and made available to the parties within such time, which evaluation and report shall be governed by the provisions of subsection (d) of Code Section 29-5-11;#

4. (4)

   Immediately notify the proposed ward of the proceedings by service of all pleadings on the proposed ward, which notice shall:#

   1. (A)

      Be served personally on the proposed ward by an officer of the court and shall not be served by mail;#

   2. (B)

      Inform the proposed ward that a petition has been filed to have an emergency conservator appointed for the proposed ward, that the proposed ward has the right to attend any hearing that is held, and that, if an emergency conservator is appointed, the proposed ward may lose important rights to control the management of the proposed ward’s property;#

   3. (C)

      Inform the proposed ward of the place and time at which the proposed ward shall submit to the evaluation provided for by paragraph (3) of this subsection;#

   4. (D)

      Inform the proposed ward of the appointment of legal counsel; and#

   5. (E)

      Inform the proposed ward of the date and time of the hearing on the emergency conservatorship; and#

5. (5)

   Appoint an emergency conservator to serve until the emergency hearing, with or without prior notice to the proposed ward, if the threatened risk is so immediate and the potential harm so irreparable that any delay is unreasonable and the existence of the threatened risk and potential for irreparable harm is certified by the 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; provided, however, that, pending the emergency hearing, the court shall order that no withdrawals may be made from any account on the authority of the proposed ward’s signature without the court’s prior approval and that the emergency conservator shall not expend any funds of the proposed ward without prior court approval. Appointment of an emergency conservator under this paragraph is not a final determination of the proposed ward’s need for a nonemergency conservator. Any emergency conservator appointed under this paragraph shall have only those powers and duties specifically enumerated in the letters of emergency conservatorship; such powers and duties shall not exceed those absolutely necessary to respond to the immediate threatened risk to the ward; and such powers and duties shall be subject to the limitations provided in this paragraph regarding the expenditures of funds of the ward.#