Temporary Order For Guardianship And Or Conservatorship

FOR CLERK'S USE ONLY SUPERIOR COURT OF ARIZONA MOHAVE COUNTY In the Matter of (check one or both) Guardianship Conservatorship of Case Number: _____________________________ TEMPORARY ORDER FOR (check one box) ______________________________________ an Adult a Minor Guardianship and Conservatorship Guardianship Conservatorship NOTICE: This is an important court order that affects your rights. Read this order Carefully. If you do not understand this Order, contact an attorney for legal advice. THE COURT FINDS: 1. PETITION FILED: A sworn Petition for Temporary Appointment of a Guardian and/or Conservator for the person named above was filed with the court by the petitioner. 2. PERSON TO BE PROTECTED: The person to be protected by this Order is a: MINOR whose welfare and best interests require the appointment of a temporary guardian to provide for his or her continuing care and supervision; MINOR for whom a temporary conservator is necessary because he or she has money or property that requires management or protection or has or may have business affairs which may be jeopardized by his minority, or the minor needs funds for his or her education and protection is necessary or desirable to obtain or provide funds; ADULT who is incapacitated due to physical and/or mental disabilities, that he or she is unable to make or communicate responsible decisions concerning his or her person and that appointment of a temporary guardian is necessary to provide for his or her continuing care and supervision; ADULT for whom a temporary conservator is necessary because he or she is unable to effectively manage or apply his or her estate due to physical and/or mental disabilities, confinement or disappearance, and that it is necessary to obtain or provide funds for the support, care, and welfare of the person to be protected and of those entitled to his or her support. 3. NEED FOR PROTECTION: There is sufficient evidence to support a finding of incapacity or need for protection by the person who is the subject of this Order. 4. THE PERSON APPOINTED TO SERVE AS GUARDIAN and/or CONSERVATOR:________________________ is competent to serve as: Guardian and Conservator OR Guardian OR (name) Conservator. Revised: 1/13/2012 Page 1 of 3 American LegalNet, Inc. www.FormsWorkFlow.com Case No._________________________________ 5. THERE IS NO GUARDIAN AND/OR CONSERVATOR APPOINTED BY A COURT TO DATE, OR THIS ORDER REPLACES SUCH OTHER ORDER. 6. 7. EMERGENCY: An emergency exists and there is need under law for the court to enter this Order immediately; PRIOR NOTICE: Prior notice of this Order is not required to be given to the person to be protected or his or her attorney or others entitled to prior notice because all the conditions of Arizona Law, A.R.S. §14-5310 and/or §14-5401.01 have been met. MORE THAN 30 DAYS: For good cause, this temporary appointment may be for more than 30 days, according to Arizona Law, A.R.S. §14-5310(D) and/or §14-5401.01(D) for the following reasons: ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ 8. THE COURT ORDERS: 1. APPOINTMENT: ____________________________________is appointed a TEMPORARY GUARDIAN AND/OR CONSERVATOR of the above-named person pursuant to Arizona Law A.R.S. §14-5310 and/or §14-5401.01 LETTERS: This Order shall be filed with the Clerk of the Superior Court, and upon filing a bond, if required, TEMPORARY LETTERS shall be issued to the appointee in accordance with the terms of this Order and subject to the following restrictions (if any): ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ ________________________________________________________________________________________ NOTICE: The appointee shall give notice to the minor and his or her parents or to the protected or incapacitated person named in the caption above, and to all others, with a copy of each of the following documents: a. The Petition for Temporary Appointment with this Order; a. The Petition for Permanent Appointment; b. All reports, affidavits, or other documents filed in support of both Petitions. EMERGENCY HEARING WITHOUT NOTICE: Personal service shall be completed no later than 72 hours after the date of this Order upon the person who needs the protection, his or her attorney, and the parents of that person if the person is a minor. PROOF OF NOTICE: Proof of Notice of Hearing shall be filed with the Clerk of the Superior Court, as required by Arizona Law, A.R.S. §14-5310(B) and/or §14-5401.01(B). THE APPOINTMENT ENDS: This (temporary/emergency) appointment shall end: Thirty (30) days from the date of this Order (if this was an emergency) A.R.S. 14-5310(D) and/or §14-5401.01(B); OR 2. 3. 4. 5. 6. Revised: 1/13/2012 Page 2 of 3 American LegalNet, Inc. www.FormsWorkFlow.com Case No.________________________________ When a permanent guardian and/or conservator is appointed by the court or this court finds that there is not a need for the appointment of a guardian and/or conservator for the person alleged to be in need of protection; OR Within 6 months of the date of this order A.R.S. §14-5310(H) and/or §14-5401.01(H). Other time period: _____________________________________________________________ 7. CHANGE OF ADDRESS: The person appointed as guardian and/or conservator shall notify this court immediately of any change in his or her address or the address of the person protected by this Order. The appointee shall be responsible for all costs resulting from his/her failure to do so. BOND: No Bond is required, OR The guardian shall file a bond in the amount of $_______________________with the Clerk of the Superior Court. 8. "WARNING: THIS APPOINTMENT IS NOT EFFECTIVE UNTIL THE LETTERS OF APPOINTMENT HAVE BEEN ISSUED BY THE CLERK OF THE SUPERIOR COURT." DONE IN OPEN COURT, THIS _________ day of _________, 20______ __