Emergency Conservatorship Hearing; Limitations on Powers of Emergency Conservator

  1. Law
  2. Georgia Code
  3. Guardian and Ward
  4. Conservators of Adults
  5. Petition for Appointed Conservator
  6. Emergency Conservatorship Hearing; Limitations on Powers of Emergency Conservator

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  1. 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 the evaluation report and any response filed by the proposed ward. The burden of proof shall be upon the petitioner. Upon the consent of the petitioner and the proposed ward, the court may grant a continuance of the case for a period not to exceed 30 days.
  2. If the court at the emergency hearing finds that an emergency conservatorship is necessary, the court shall order the emergency conservatorship; provided, however, that:
    1. Any emergency conservator shall have only those powers and duties specifically enumerated in the letters of emergency conservatorship and the powers and duties shall not exceed those absolutely necessary to respond to the immediate threatened risk to the ward;
    2. The court may order the emergency conservator to make any report the court requires; and
    3. The emergency conservatorship shall terminate on the earliest of:
      1. The court's removal of the emergency conservator, with or without cause;
      2. The effective date of the appointment of a conservator;
      3. Unless otherwise specified in the order of dismissal, the dismissal of a petition for appointment of a conservator;
      4. The date specified for the termination in the order appointing the emergency conservator; or
      5. Sixty days from the date of appointment of the emergency conservator.

(Code 1981, §29-5-16, enacted by Ga. L. 2004, p. 161, § 1.)

OPINIONS OF THE ATTORNEY GENERAL

Editor's notes.

- In light of the similarity of the statutory provisions, opinions under former O.C.G.A. § 29-5-8 are included in the annotations for this Code section.

Right to jury trial.

- If the appointment of an emergency guardian under former O.C.G.A. § 29-5-8 is only for that period of time pending the outcome either of the emergency guardianship hearing or the permanent guardianship hearing, the order would not be final or appealable to a jury in superior court, and hence would not be subject to Ga. L. 1986, p. 982, affecting procedures before the probate court in certain counties; on the other hand, if the petition before the probate court sought only an emergency guardian for a period not to exceed 45 days, as in a situation where immediate surgical or other medical consent was required for a seriously ill person proposed to be a ward, an order granting such a petition, which would leave nothing further to be decided by the probate court, would be final, appealable to a superior court jury, and hence would be a "civil case" under the 1986 Act, giving a party a right to demand a jury trial. 1986 Op. Att'y Gen. No. U86-18 (decided under former O.C.G.A. § 29-5-8).


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