(A) If the court makes emergency preliminary findings that:

1. (1) a physician has certified to the court, orally or in writing, that the person is incapacitated;
2. (2) no guardian has been appointed previously; and
3. (3) the welfare of the incapacitated person requires immediate action; then the court, with or without notice, may appoint a temporary guardian for a specified period not to exceed six months in accordance with the priorities set out in Section 62-5-311.

(B) If the court makes emergency preliminary findings that:

1. (1) the appointed guardian or temporary guardian is not effectively performing his duties; and
2. (2) the welfare of the allegedly incapacitated person requires immediate action, then the court may appoint, with or without notice, a temporary guardian for a specified period not to exceed six months in accordance with the priorities set out in Section 62-5-311.

(C) If the court makes emergency preliminary findings that:

1. (1) no person appears to have authority to act on behalf of the incapacitated person; or
2. (2) more than one person is authorized to make health care decisions for the incapacitated person, and these authorized persons disagree on whether certain care must be provided;
3. (3) the person has been adjudicated as being incapacitated, or a physician has certified to the court, orally or in writing, that the person is incapacitated; and

4. (4) an emergency exists;

   then the court may itself exercise the power of a temporary guardian, with or without notice.

   For health care purposes, "emergency" means that a delay caused by (1) further attempts to locate a person authorized to make health care decisions or (2) proceedings for appointment of a guardian would present a serious threat to the life, health, or bodily integrity of the incapacitated person.