29-5-16. Emergency conservatorship hearing; limitations on powers of emergency conservator.

The court shall conduct the emergency conservatorship hearing at the time and date set forth in its order to determine whether there is clear and convincing evidence of the need for an emergency conservatorship in light of the evidence taken at the hearing. In addition to the evidence at the hearing, the court may consider the evaluation report and any response filed by the proposed ward. The proposed ward may also challenge, by appropriate evidence and argument, the sufficiency and weight of the results and conclusions of the evaluation and written report and the qualifications, experience,or abilities of the person performing the evaluation. The burden of proof shall be upon the petitioner. Upon the consent of the petitioner and the proposed ward, the court may grant a continuance of the case for a period not to exceed 30 days.#

If the court at the emergency hearing finds that an emergency conservatorship is necessary, the court shall order the emergency conservatorship; provided, however, that:#

1. (1)

   Any emergency conservator shall have only those powers and duties specifically enumerated in the letters of emergency conservatorship and the powers and duties shall not exceed those absolutely necessary to respond to the immediate threatened risk to the ward;#

2. (2)

   The court may order the emergency conservator to make any report the court requires;#

3. (3)

   If the court finds that the proposed ward has one or more developmental disabilities as defined in paragraph (8) of Code Section 37-1-1, the court shall not find that there is a need for an emergency conservatorship unless the evidence shows by clear and convincing evidence that, due to such developmental disability or disabilities and other factors that may be present, the proposed ward lacks sufficient capacity to make or communicate significant responsible decisions concerning the management of his or her property and there is an immediate and substantial risk of irreparable waste or dissipation of the proposed ward’s property unless an emergency conservator is appointed; and#

4. (4)

   The emergency conservatorship shall terminate on the earliest of:#

   1. (A)

      The court’s removal of the emergency conservator, with or without cause;#

   2. (B)

      The effective date of the appointment of a conservator;#

   3. (C)

      Unless otherwise specified in the order of dismissal, the dismissal of a petition for appointment of a conservator;#

   4. (D)

      The date specified for the termination in the order appointing the emergency conservator; or#

   5. (E)

      Sixty days from the date of appointment of the emergency conservator.#