FORM MH-107 GC order apptg

• Legal Form Number: FORM MH-107
• Date: 01 January 2014
• Section: Az Mh Forms Annotated

FORM MH-107

[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 [LIMITED] GUARDIAN WITH MENTAL HEALTH POWERS AND CONSERVATOR OF AN ADULT 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 Appointment of Guardian of and Conservator for an Adult and Authority to Consent to Inpatient Mental Health Care and Treatment and the evidence presented, the Court finds:

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

2. Venue in this county is proper.

3. Notice was given as required by law.

4. By clear and convincing evidence, [ward’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 the ward’s demonstrated needs; and [some of] the ward’s needs cannot be met by less restrictive means including the use of appropriate technological assistance.

5. By clear and convincing evidence, [ward’s name] is an incapacitated person as a result of a mental disorder as defined by A.R.S. § 36-501(25) and is likely to be in need of inpatient mental health care and treatment within the next year.

6. Pursuant to A.R.S. § 14-5311(B), [appointee’s name] is qualified to serve as the guardian of [ward’s name] [and has priority for such appointment].

7. [Ward’s name]’s right to retain or obtain a driver license should [not] be affected by the appointment of a guardian.

8. [A limited guardianship being appropriate, the ward’s right to vote and to exercise any other civil rights are retained.]

9. Appointment of a conservator is necessary because [the protected person’s name] (a) is unable to manage (his)(her) 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) [his] [her] property will be wasted or dissipated unless proper management is provided or that funds are needed for support, care and welfare of the person or...