Procedures for Emergency Hearings
 
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APPOINTMENT OF TEMPORARY GUARDIAN AND/OR CONSERVATOR FOR AN ADULT
24 TO 48 HOURS IN ADVANCE
  1. Call Judge Munger's office (724-3072) to make an appointment for the temporary hearing. Inform the judge's judicial assistant if you intend to have telephonic testimony from the medical examiner or any other witness.
  2. Contact the Probate Registrar (724-3266) or Probate Clerk (724-3230) to obtain the name of a court-appointed attorney available on an emergency basis.
  3. Contact the court-appointed attorney to be present at the temporary hearing, preferably in person, but telephonically if necessary.
  4. For guardianships of an adult incapacitated person, have written report from the medical examiner or arrange for telephonic testimony to be given at the hearing. Medical testimony may be required for a conservator's appointment (see A.R.S. 14-5407 B). The information required from the medical examiner is set forth in A.R.S. 14-5303(C).
  5. Prepare the following documents:
    1. Petition for Temporary Appointment of Guardian and/or Conservator
    2. Order for Temporary Appointment Temporary Letters and Acceptance
    3. Order Appointing Attorney, Investigator and Medical Examiner
    4. Petition for Permanent Appointment of Guardian and/or Conservator
    5. Notice of Hearing (for permanent appointment)
  6. Send copies of the Order Appointing Attorney, Investigator and Medical Examiner, as well as copies of the petitions and notice of hearing, to the three appointees.
  7. For conservatorships, obtain bond if you can be certain before the hearing of the amount that will be required.
DAY OF EMERGENCY HEARING
  1. Arrive at the Probate Clerk's desk 30 to 45 minutes before the time for hearing and file petitions for both temporary and permanent appointments.
  2. Obtain name of court-appointed investigator from Probate Clerk and have completed Order Appointing Attorney, Investigator [and Medical Examiner] signed and file it. You must supply the name of the medical examiner and fill in the name of the attorney previously obtained. (The order can be signed at the temporary hearing if names have been filled in at the clerk's desk.)
  3. Have copies of all filed documents conformed by the clerk and take the copies to the hearing.
AT THE EMERGENCY HEARING
  1. Paperwork for Judge:
    1. Conformed copies of all documents filed
    2. Order Appointing Temporary Guardian and/or Conservator
    3. Notice of Hearing for Permanent Appointment
  2. Evidence to be presented:
    1. Emergency circumstances
    2. Legal basis for finding of incapacity or need for protection
    3. Medical information
    4. Petitioner's testimony
    5. Information on assets to be under control of conservator (for setting bond)
    6. Any limitations or restrictions on the fiduciary's powers
AFTER THE HEARING
  1. Go back to the Probate Clerk's desk and file the original Order and Notice of Hearing.
  2. If you have already obtained a bond, file the bond.
  3. File the Acceptance and have Letters issued by the clerk. ( If bond has not yet been obtained, Letters of Conservatorship cannot be issued.)
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