The 2022 law made significant changes to the temporary adult guardianship and conservatorship process. An adult guardianship/conservatorship case begins when a petition is filed at the district court. If harm to the alleged incapacitated person may occur while waiting for the judge to hold a hearing on the petition, the judge may appoint a temporary guardian and/or a temporary conservator. The appointment of a temporary guardian and/or conservator should only be used as an temporary measure to provide immediate protection to the alleged incapacitated person.
Temporary Guardian – A judge may appoint a temporary guardian upon a finding that serious, immediate and irreparable harm to the alleged incapacitated person’s health, safety or welfare would result during the pendency of the petition.
Temporary Conservator – A judge may appoint a temporary conservator upon a finding that serious, immediate and irreparable harm to the alleged incapacitated person’s estate and financial interests would result during the pendency of the petition.
Some of the changes to the temporary guardianship/conservatorship process include:
- Requires the filing of a separate motion for the temporary appointment of a guardian and/or conservator.
- If a temporary guardian and/or conservator is appointed, a hearing must be held within 10 business days.
- If a temporary guardian and/or conservator is appointed, the alleged incapacitated person must be personally served within 24 hours of the appointment.
- A guardian ad litem (GAL) must be appointed if a temporary guardian and/or conservator is appointed and the GAL shall file a report no later than 2 days prior to the 10 day hearing.
- The duration of a temporary guardian/conservator appointment shall not exceed thirty (30) days. However, if after a hearing in which there is a showing of good cause, the court may extend the temporary guardianship and/or conservatorship for no more than an additional sixty (60) days.
- A temporary guardian and/or conservator shall submit an initial written report within fifteen (15) days of appointment and shall file a final written report within fifteen (15) days of the termination of the temporary guardianship/conservatorship.
- A temporary guardian and/or conservator may not sell or dispose of any property belonging to the alleged incapacitated person, or make a change to the housing or placement of the alleged incapacitated person, without specific authorization from the court.