FORM MH-105 Gc Order Apptg Er Temp With Notice

• Legal Form Number: FORM MH-105
• Date: 01 January 2022
• Section: AZ MH Forms Annotated

FORM MH-105

(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 &] WITH MENTAL HEALTH POWERS AND CONSERVATOR FOR AN ADULT (WITH NOTICE) Hearing on __________at __________

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 of and Conservator for an Adult (with 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. Notice was given as required by law or as otherwise directed by the court.

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 (subject person's name)'s welfare 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 (subject person's name)'s estate and affairs require immediate action].

6. By clear and convincing evidence, (subject person's name) is an incapacitated person as defined by A.R.S. § 14-5101(1). the appointment of a guardian [with limited powers] is necessary to provide for (subject person's name) demonstrated needs. and [some of] [his] [her] [their] 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 need 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), (appointee'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 limited 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 (subject person's name) (a) is unable to manage [his] [her] [their] estate and affairs effectively for reasons such as 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...