Vermont § 3081 - Emergency temporary guardian pending final hearing on petition

§ 3081. Emergency temporary guardian pending final hearing on petition

• (a) When a petition for guardianship has been filed, but adherence to the procedures set
  out in this subchapter would cause serious and irreparable harm to the respondent’s
  physical health or financial interests, the Probate Division of the Superior Court
  may appoint an emergency temporary guardian prior to the final hearing and decision
  on the petition, subject to the requirements of this section. (b) If a guardianship petition is accompanied by a motion for emergency temporary guardianship,
  the court shall schedule a hearing on the appointment of an emergency temporary guardian
  for the earliest possible date. The court shall appoint counsel for the respondent
  and cause notice to be given as provided by the Vermont Rules of Probate Procedure
  (VRPP). Upon a showing by sworn affidavit that notice cannot be given within the time
  periods, in the manner, or to the persons required by the VRPP, the court may allow
  a hearing to go forward upon such notice as the court may direct. The court may appoint
  an emergency temporary guardian if it finds that serious and irreparable harm to the
  respondent’s physical health or financial interests will likely result during the
  pendency of the petition. (c) An emergency temporary guardian may be appointed without notice to the respondent
  or respondent’s counsel only if it clearly appears from specific facts shown by affidavit
  or sworn testimony that immediate, serious, and irreparable harm will result to the
  respondent before the hearing on the appointment of an emergency temporary guardian
  can be held. A request for ex parte emergency temporary guardianship under this section
  shall be made by written motion, accompanied by a petition for guardianship, unless
  waived by the court for good cause shown. If the court appoints an ex parte emergency
  temporary guardian, the court shall immediately schedule a temporary hearing in accordance
  with subsection (b) of this section. The ex parte order shall state why the order
  was granted without notice and include findings on the immediate, serious, and irreparable
  harm. The ex parte order shall be for a fixed period of time, not to exceed 14 days,
  and shall expire on its terms unless extended after the temporary hearing. If the
  temporary hearing cannot be held before the ex parte order expires, the ex parte order
  can be extended for good cause shown for an additional 14 days until the temporary
  hearing is held. (d) A temporary guardianship order expires when the court renders a final decision on
  the guardianship petition. If the final decision is not rendered within 90 days of
  the filing of the petition, the court shall schedule a hearing to review the need
  for continuation of the temporary guardianship order. (Added 1981, No. 101; amended 1985, No. 144 (Adj. Sess.), § 162; 2007, No. 186 (Adj. Sess.), § 1; 2009, No. 154 (Adj. Sess.), § 238a, eff. Feb. 1, 2011; 2017, No. 11, § 36.)