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irreparable harm to the health or financial interests of the person | | alleged to be in need of protection and to preserve and apply the | | property of the person to be protected as may be required for that | | person's benefit or the benefit of that person's dependents. The | | petition must be accompanied by an affidavit that sets forth the | | factual basis for the emergency and the specific powers requested | | by the proposed conservator. In the order and in the letters of | | temporary conservatorship, the court shall specify the powers and | | duties of the temporary conservator, limiting the powers and duties | | to those necessary to address the emergency. |
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| | | (1)__Except as otherwise provided in this section, prior to | | filing a petition under this subsection the petitioner shall | | provide notice orally or in writing to the following: |
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| | | (i)__The person alleged to be in need of protection and | | the person's spouse, parents, adult children and any | | domestic partner known to the court; |
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| | | (ii)__Any person who is serving as guardian or | | conservator or who has care and custody of the person | | alleged to be in need of protection; and |
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| | | (iii)__In case no other person is notified under | | subparagraph (i), at least one of the closest adult | | relatives of the person alleged to be in need of | | protection or, if none, an adult friend, if any can be | | found. |
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| | | (2)__Notice under paragraph (1) must include the following | | information: |
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| | | (i)__The temporary authority that the petitioner is | | requesting; |
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| | | (ii)__The location and telephone number of the court in | | which the petition is being filed; and |
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| | | (iii)__The name of the petitioner and the intended date | | of filing. |
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| | | (3)__The petitioner shall state in the affidavit required | | under this subsection the date, time, location and method of | | providing the required notice under paragraph (1) and to | | whom the notice was provided.__The court shall make a | | determination as to the adequacy of the method of providing | | notice and whether the petitioner complied with the notice | | requirements of this subsection.__The requirements of | | section 5-405 do not apply to this section. |
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