Computation Of Attorney Fees Form Page 28
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60(9)
An applicant to be appointed guardian shall complete and file an applicant’s report
on alleged ward’s information and applicant’s information.
(B)
Minors
(1)
A certified copy of the minor’s birth certificate must be filed with the application
for guardianship.
(2)
The Court shall not accept for filing an application for guardianship of the person
of a minor where another court has previously acquired jurisdiction over custody of
the minor, unless the other court consents to the guardianship or declines
jurisdiction by court order.
(3)
The Court shall not accept for filing an application for guardianship of the person
of a minor where the sole purpose is to establish residency for school attendance
purposes, qualify the minor for health or life insurance or establish placement for
adoption.
(C)
Emergency
(1)
An emergency guardian may be appointed by the Court if it is reasonably certain
that immediate action is required to prevent significant injury to the person or
estate of an incompetent or minor.
(2)
The applicant shall file all necessary forms, which include the Supplement for
Emergency Guardian (Form 17.1A). This form must be completed by a licensed
physician and shall be current.
(3)
Simultaneously with the application for an emergency guardian, the applicant shall
file an application for a regular guardianship, which must include a Statement of
Expert Evaluation (Form 17.1). This form must be completed by a licensed
physician or clinical psychologist.
(4)
The Court will review the emergency application forthwith.
(5)
If the application for emergency guardian is denied, the underlying application for
guardianship will be heard as the Court’s calendar permits.
(6)
If the emergency application is granted, a hearing will be held within seventy-two
(72) hours. The emergency guardianship order may be continued for a maximum of
30 days.
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