Facebook Pixel

Can a respondent oppose an emergency temporary guardianship (ETG) appointment?

Yes. They have a right to have a hearing. They have a right to have counsel present or have counsel appointed for them if they cannot afford a lawyer. And they have a right to challenge the allegations that are made in the petition. They have a right to make the petition, to come in, and prove the allegations, and demonstrate to the court that the allegations are true, and that they’re not capable of making decisions for themselves related to their medical or financial decisions. If the petitioner doesn’t meet their burden of proof or doesn’t prove all the allegations with regards to the allegations that are made, then the court may either deny the petition or may deny in part and only grant it in part. In a nutshell, yes, they have a right to contest and to challenge the allegations that are made against them.