2006 Utah Code - 62A-3-320 — Petition for emergency order -- Protective services -- Temporary guardian -- Forcible entry.

     62A-3-320.   Petition for emergency order -- Protective services -- Temporary guardian -- Forcible entry.
     (1) Upon petition therefor, if the court finds that the subject of the petition is a vulnerable adult, that the adult has no court-appointed guardian or conservator or the guardian or conservator is not effectively performing the guardian's or conservator's duties, that an emergency exists, and that the welfare, safety, or best interests of the adult require immediate action, the court may, without notice, order appropriate protective services. The order shall specifically designate the protective services which are being approved, together with supporting facts.
     (2) Protective services authorized in an emergency order may not include hospitalization, nursing or custodial care, or a change in residence, unless the court specifically finds that the action is necessary and authorizes the specific protective services in the order.
     (3) Protective services shall be provided through an emergency order for a period not to exceed three business days, at which time the order shall expire unless a petition for guardianship, conservatorship, or other protective services has been filed. If a petition for guardianship, conservatorship, or other protective services is filed within the three-business-day period, the emergency order may be continued for as long as 15 days from the date the last petition was filed, to allow time for a hearing to determine whether the emergency order shall remain in effect.
     (4) In its emergency order, the court may appoint the petitioner or another interested person as temporary guardian, in accordance with Section 75-5-310.
     (5) To implement an emergency order, the court may authorize forcible entry by a peace officer into the premises where the protected person is residing only upon a showing that voluntary access into the premises is not possible and that forcible entry is required.

Enacted by Chapter 108, 2002 General Session