emergency relief, but the pleadings must be served at least ten days prior to a temporary hearing. A temporary order expires in six months. In both emergency and temporary situations, the moving party must provide evidence of the creditworthiness of a proposed fiduciary, and the court may take measures it deems appropriate to protect assets, including freezing accounts or requiring bond. Section 625108(C) clarifies that the court may exercise its authority to act as a temporary guardian pursuant to the Adult Health Care Consent Act in an emergency and with or without notice. Section 625108(D) permits certain financial actions on the part of a courtappointed fiduciary when authorized by the court. When exercising financial powers, the fiduciary should take into account (i) the size of the estate, if known; (ii) the probable duration of the temporary appointment; (iii) the likelihood that the protected person, at some future time, may be fully able to manage his affairs and the estate which has been protected for him; (iv) the income and reasonable expenses of the protected person and his dependents; and (v) other funds or sources for support of the protected person. Section 625108(E) clarifies that a hearing for a permanent guardian is de novo as to all issues before the court, requiring the same quantum of proof as if no emergency or temporary guardian had been appointed. Part 2 Jurisdiction Section 625201. Exclusive jurisdiction of the court is set forth in Sections 621302 and 625701 as to appointment of a guardian or issuance of a protective order. Pursuant to the authority to court’s appoint a guardian, and Section 625309, the guardian has the authority to maintain custody of the person of the ward and to establish the place of abode, unless otherwise specified in ward’s the order. The court does not have jurisdiction over the care, court’s custody, and control of the person of a minor, but does have jurisdiction over the property of a minor if the court determines that the minor owns property that requires management or protection. REPORTER’S COMMENTS The 2017 amendments revised this section to make the reference to exclusive jurisdiction consistent with Section 621302, and as a
emergency relief, but the pleadings must be served at least ten days prior to a temporary hearing. A temporary order expires in six months. In both emergency and temporary situations, the moving party must provide evidence of the creditworthiness of a proposed fiduciary, and the court may take measures it deems appropriate to protect assets, including freezing accounts or requiring bond. Section 625108(C) clarifies that the court may exercise its authority to act as a temporary guardian pursuant to the Adult Health Care Consent Act in an emergency and with or without notice. Section 625108(D) permits certain financial actions on the part of a courtappointed fiduciary when authorized by the court. When exercising financial powers, the fiduciary should take into account (i) the size of the estate, if known; (ii) the probable duration of the temporary appointment; (iii) the likelihood that the protected person, at some future time, may be fully able to manage his affairs and the estate which has been protected for him; (iv) the income and reasonable expenses of the protected person and his dependents; and (v) other funds or sources for support of the protected person. Section 625108(E) clarifies that a hearing for a permanent guardian is de novo as to all issues before the court, requiring the same quantum of proof as if no emergency or temporary guardian had been appointed. Part 2 Jurisdiction Section 625201. Exclusive jurisdiction of the court is set forth in Sections 621302 and 625701 as to appointment of a guardian or issuance of a protective order. Pursuant to the court’s authority to appoint a guardian, and Section 625309, the guardian has the authority to maintain custody of the person of the ward and to establish the ward’s place of abode, unless otherwise specified in the court’s order. The court does not have jurisdiction over the care, custody, and control of the person of a minor, but does have jurisdiction over the property of a minor if the court determines that the minor owns property that requires management or protection. REPORTER’S COMMENTS The 2017 amendments revised this section to make the reference to exclusive jurisdiction consistent with Section 621302, and as a
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