FORM MH-115 Gd Order Apptg Er Temp With Notice

• Legal Form Number: FORM MH-115
• Date: 01 January 2024
• Section: Az Mh Forms Annotated

FORM MH-115

[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: an Adult. NO. __________ ORDER APPOINTING TEMPORARY GUARDIAN [WITH LIMITED POWERS AND] WITH MENTAL HEALTH POWERS (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 (with notice) and the evidence presented, the Court finds:

1. Petitioner, __________, is entitled to file pursuant to A.R.S. §§ 14-5303 and -5310.

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 the welfare of (subject person's name) requires immediate action].

5. 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] [his] [her] [their] needs cannot be met by less restrictive means including the use of appropriate technological assistance.

6. 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.

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

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

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

10. Bond is [not required] [required in the amount of __________].

IT IS ORDERED:

[A. Removing (former guardian's name) as Guardian and revoking any letters of guardianship.]

B. Appointing __________ as the temporary guardian of (subject person's name) [with all of the powers set forth in A.R.S. §§ 14-5312 and -5312.01(A), including but not limited to the...