§ 29-5-10. Petition for Appointment of Conservator; Requirements of Petition
Any interested person, including the proposed ward, may file a petition for the appointment of a conservator. Such petition shall be filed in the court of the county in which: The proposed ward is domiciled; The proposed ward is found; provided, however, that if the court of the county where the proposed ward is found […]
§ 29-5-11. Prerequisite Finding Prior to Appointment of Conservator; Notice; Evaluation; Written Report
Upon the filing of a petition for conservatorship of the estate of a proposed ward, the court shall review the petition and the affidavit, if any, and determine whether there is probable cause to believe that the proposed ward is in need of a conservator within the meaning of Code Section 29-5-1. If the court […]
§ 29-5-12. Judicial Review and Proceedings
After the filing of the evaluation report, the court shall review the pleadings and the evaluation report. If, after the review, the court finds that there is no probable cause to support a finding that the proposed ward is in need of a conservator within the meaning of Code Section 29-5-1, the court shall dismiss […]
§ 29-5-13. Requirements of Order Granting Conservatorship; Service; Obligation of Legal Counsel; Filing of Certificate of Conservatorship With Court
The court shall issue an order that sets forth the findings of fact and conclusions of law that support the grant or denial of the petition. An order granting conservatorship shall specify: The name of the conservator and the basis for the selection; Any powers retained by the ward pursuant to Code Section 29-5-21; The […]
§ 29-5-14. Appointment of Emergency Conservator; Requirements of Petition
Any interested person, including the proposed ward, may file a petition for the appointment of an emergency conservator. Such petition shall be filed in the court of the county in which: The proposed ward is domiciled; The proposed ward is found; or Jurisdiction is otherwise proper under Code Section 29-11-12. The petition for appointment of […]
§ 29-5-15. Review of Petition; Dismissal; Requirements of Court Upon Finding Need for Emergency Conservator
Upon the filing of a petition for an emergency conservatorship, the court shall review the petition and the affidavit, if any, to determine whether there is probable cause to believe that the proposed ward is in need of an emergency conservator within the meaning of Code Section 29-5-14. If the court determines that there is […]
§ 29-5-16. Emergency Conservatorship Hearing; Limitations on Powers of Emergency Conservator
The court shall conduct the emergency conservatorship hearing at the time and date set forth in its order to determine whether there is clear and convincing evidence of the need for an emergency conservatorship in light of the evidence taken at the hearing. In addition to the evidence at the hearing, the court may consider […]