§560:5-312  Emergency guardian.  (a)  If
the court finds that compliance with the procedures of this part will likely
result in substantial harm to the respondent's health, safety, or welfare, and
that no other person appears to have authority and willingness to act in the
circumstances, the court, on petition by a person interested in the
respondent's welfare, may appoint an emergency guardian whose authority may not
exceed ninety days and who may exercise only the powers specified in the
order.  Immediately upon appointment of an emergency guardian, the court may
appoint a lawyer to represent the respondent throughout the emergency
guardianship.  Except as otherwise provided in subsection (b), reasonable
notice of the time and place of a hearing on the petition shall be given to the
respondent and any other persons as the court directs.



(b)  An emergency guardian may be appointed
without notice to the respondent and the respondent's lawyer only if the court
finds from affidavit or testimony that the respondent will be substantially
harmed before a hearing on the appointment can be held.  If the court appoints
an emergency guardian without notice to the respondent, the respondent shall be
given notice of the appointment within forty-eight hours after the appointment. 
The court shall hold a hearing on the appropriateness of the appointment within
ten days after the appointment unless extended by order of the court.



(c)  Appointment of an emergency guardian, with
or without notice, shall not be deemed a determination of the respondent's
incapacity.



(d)  The court may remove an emergency guardian
or modify the powers granted at any time.  An emergency guardian shall make any
report the court requires.  In other respects, the provisions of this article
concerning guardians apply to an emergency guardian. [L 2004, c 161, pt of §1]