MUPC Article V procedural outline - I. Motion for temporary guardian 5-308; motion for temporary conservator 5-412a

The contents of this outline are intended to provide general guidance to Court staff in the handling of guardianship of incapacitated persons and conservatorship cases. This outline does not cover guardianship of minors matters.

1. Appointment of counsel
   The issue of the appointment of counsel shall be handled in accordance with Part F of this outline.
2. Notice
   1. All Motions for Temporary Guardianship or Temporary Conservatorship shall be accompanied by a Notice of Hearing and Certificate of Service unless the moving party is requesting the hearing be held on an emergency basis and that notice be waived.
   2. Notice of Hearing of the Motion for Temporary Guardian or Temporary Conservatorship
      1. Shall be given 7 days prior to the hearing:
         A. in hand to the Respondent;
         B. by mail to all persons named in the petition.
   3. Notice may be shortened or waived if the Court determines an emergency exists which requires the immediate appointment of a temporary guardian or temporary conservator. A Notice of Appointment of Temporary Guardian or Temporary Conservator shall be served within 7 days following the appointment:
      1. in hand to the alleged incapacitated person;
      2. by mail to all persons named in the petition.
   4. Monitoring of notice
      1. Filing of Notice and Certificate of Service Upon the docketing of a Temporary Decree, a tickler is automatically thrown to insure that proper notice has been given on the Motion for a Temporary Guardian. The docketing of a Notice of Hearing or a Notice of Appointment of Temporary Guardian and Certificate of Service will turn the tickler off.
      2. At the end of each month, the Probate Department shall conduct a batch run of the Guardianship and Conservatorship files sorted by judges. Through the use of the automatic tickler system, the results will show which cases are in noncompliance with the filing of the required Notice and Certificate of Service.
      3. The resulting list of cases shall be provided to the judges who will determine how the case will be handled (schedule a hearing, send a letter of noncompliance, vacate the order, appoint counsel, etc.).
   5. De Novo Review
      Any person named in the Petition for Guardianship or Conservatorship who did not receive notice (7 days before the hearing or 7 days after if the appointment was made by an emergency motion) may file a Motion to Vacate the appointment and the hearing shall be heard as soon as possible.

3. CARI Check of Petitioner: 5107
   The Court may not appoint as a guardian someone who is being investigated or has charges pending for committing an Assault and Battery that resulted in bodily injury to the Incapacitated Person or who is being investigated or has charges pending for the neglect of the Incapacitated Person. The Court will generally require a CARI of the proposed guardian run the day of the hearing but need not if the proposed guardian is known to the Court as a member of the bar in good standing or a licensed professional guardian.

   This section does not apply to proposed conservators.

4. Length of Appointment: 5308(a)
   The Court may appoint a Temporary Guardian or Conservator for:
   1. 90 days; or
   2. Longer if the Court specifically finds extraordinary circumstances warrant the longer period of time and the appointment is to a date certain.
5. Bond
   A bond needs to be filed in accordance with Part O of this outline.
6. Inventory
   An Inventory shall be filed by the Temporary Conservator. A separate Inventory shall be filed by the Conservator if one is later appointed even if the Temporary Conservator and the Conservator is the same person.

7. Next Hearing Date
   The Order Appointing Temporary Guardian or Temporary Conservator shall include a review date.

   The Court may indicate whether or not a Motion to Extend the Temporary Guardianship or Temporary Conservatorship may be heard at the review date or on the day the Temporary Guardianship or Temporary Conservatorship expires.