§ 35A-1114. Appointment of interim guardian.
§35A‑1114. Appointment of interim guardian.
(a) At the time of orsubsequent to the filing of a petition under this Article, the petitioner mayalso file a verified motion with the clerk seeking the appointment of aninterim guardian.
(b) The motion shallset forth facts tending to show:
(1) That there isreasonable cause to believe that the respondent is incompetent, and
(2) One or both of thefollowing:
a. That the respondentis in a condition that constitutes or reasonably appears to constitute an imminentor foreseeable risk of harm to his physical well‑being and that requiresimmediate intervention;
b. That there is orreasonably appears to be an imminent or foreseeable risk of harm to therespondent's estate that requires immediate intervention in order to protectthe respondent's interest, and
(3) That the respondentneeds an interim guardian to be appointed immediately to intervene on hisbehalf prior to the adjudication hearing.
(c) Upon filing of themotion for appointment of an interim guardian, the clerk shall immediately seta date, time, and place for a hearing on the motion. The motion and a noticesetting the date, time, and place for the hearing shall be served promptly onthe respondent and on his counsel or guardian ad litem and other persons theclerk may designate. The hearing shall be held as soon as possible but nolater than 15 days after the motion has been served on the respondent.
(d) If at the hearingthe clerk finds that there is reasonable cause to believe that the respondent isincompetent, and:
(1) That the respondentis in a condition that constitutes or reasonably appears to constitute animminent or foreseeable risk of harm to his physical well‑being, and thatthere is immediate need for a guardian to provide consent or take other stepsto protect the respondent, or
(2) That there is orreasonably appears to be an imminent or foreseeable risk of harm to therespondent's estate, and that immediate intervention is required in order toprotect the respondent's interest,
the clerk shall immediately enteran order appointing an interim guardian.
(e) The clerk's orderappointing an interim guardian shall include specific findings of fact tosupport the clerk's conclusions, and shall set forth the interim guardian'spowers and duties. Such powers and duties shall be limited and shall extendonly so far and so long as necessary to meet the conditions necessitating theappointment of an interim guardian. In any event, the interim guardianshipshall terminate on the earliest of the following: the date specified in theclerk's order; 45 days after entry of the clerk's order unless the clerk, forgood cause shown, extends that period for up to 45 additional days; when anyguardians are appointed following an adjudication of incompetence; or when thepetition is dismissed by the court. An interim guardian whose authorityrelates only to the person of the respondent shall not be required to post abond. If the interim guardian has authority related to the respondent'sestate, the interim guardian shall post a bond in an amount determined by theclerk, with any conditions the clerk may impose, and shall render an account asdirected by the clerk.
(f) When a motion forappointment of an interim guardian has been made, the petitioner may voluntarilydismiss the petition for adjudication of incompetence only prior to the hearingon the motion for appointment of an interim guardian. (1987,c. 550, s. 1; 1989, c. 473, s. 12.)