FORM MH-101 Gc Order Apptg Er Temp Without Notice

• Legal Form Number: FORM MH-101
• Date: 01 January 2024
• Section: Az Mh Forms Annotated

FORM MH-101

(Attorney's name, State Bar No.)

(Attorney's law firm name)

(Law firm bar number)

(Address)

(Phone number)

(Attorney or firm's e-mail address)

Attorney for: __________

SUPERIOR COURT OF ARIZONA, __________COUNTY

In the Matter of the Guardianship of and Conservatorship for: an Adult. NO. __________ ORDER APPOINTING Temporary GUARDIAN [WITH limited POWERS AND] With MENTAL HEALTH POWERS And Conservator (WithOUT Notice)

Warning: This appointment is not effective until the letters of appointment have been issued by the Clerk of the Superior Court.

Having considered the Petition for Emergency Appointment of Temporary Guardian and Conservator (without notice) and the evidence presented, the Court finds:

1. Petitioner, __________, is entitled to file pursuant to A.R.S. §§ 14-5303 and -5404.

2. The Court has jurisdiction, and venue in this county is proper.

3. Immediate and irreparable injury, loss, or damage will result before (subject person's name) or [his] [her] [their] attorney can be heard in opposition to the Petition, the requirements of A.R.S. §§ 14-5310(B) and -5401.01(B) have been met, and it is appropriate to enter this order without notice to (subject person's name) or [his] [her] [their] attorney.

4. (Subject person's name) [currently has no guardian and an emergency exists] [has a guardian who is not effectively performing [his] [her] [their] duties, and the welfare of (subject person's name) requires immediate action].

5. (Subject person's name) [currently has no conservator and an emergency exists] [has a conservator who is not effectively performing [his] [her] [their] duties, and the estate and affairs of (subject person's name) requires immediate action].

6. By clear and convincing evidence, (a) (subject person's name) is an incapacitated person as defined by A.R.S. § 14-5101(3), (b) the appointment of a guardian [with limited powers] is necessary to provide for (subject person's name)'s demonstrated needs, and (c) [some of] (subject person's name)'s needs cannot be met by less restrictive means including the use of appropriate technological assistance.

7. By clear and convincing evidence, the incapacity is a result of a mental disorder as defined by A.R.S. § 36-501(25) and (subject person's name) is likely to be in need of inpatient mental health care and treatment within the next year, including placement in a level one behavioral health facility licensed by the Arizona Department of Health Services and the medical psychiatric and psychological treatment associated with that placement.

8. Pursuant to A.R.S. § 14-5311(B), (guardian's name) [has priority for appointment and] is qualified to serve as the temporary guardian of (subject person's name).

[9. (Subject person's name) cannot safely operate a vehicle.]

[10. A temporary guardianship being appropriate, (subject person's name)'s right to vote and to exercise any other civil rights are retained.]

11. Appointment of a conservator is necessary because (a) (subject person's name) is unable to manage [his] [her] [their] estate and affairs effectively because of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by foreign power or disappearance and (b) (subject person's name)'s property will be wasted or dissipated unless proper management is provided or it is necessary or desirable to obtain or provide funds that are needed for support, care, and welfare of (subject person's name) or those entitled to be supported by [him] [her] [them].

12. Pursuant to A.R.S. § 14-5410(A), (conservator's name) [has priority for such appointment and] is qualified to serve as the temporary conservator.

13. Bond is [not required] [required in the amount of...