§ 15-14-311. Findings – Order of Appointment

1. The court may:
   1. Appoint a limited or unlimited guardian for a respondent only if it finds by clear and convincing evidence that:
      1. The respondent is an incapacitated person; and
      2. The respondent’s identified needs cannot be met by less restrictive means, including use of appropriate and reasonably available technological assistance; or
   2. With appropriate findings, treat the petition as one for a protective order under section 15-14-401, enter any other appropriate order, or dismiss the proceeding.
2. The court, whenever feasible, shall grant to a guardian only those powers necessitated by the ward’s limitations and demonstrated needs and make appointive and other orders that will encourage the development of the ward’s maximum self-reliance and independence.
3. Within thirty days after an appointment, a guardian shall send or deliver to the ward and to all other persons given notice of the hearing on the petition a copy of the order of appointment, together with a notice of the right to request termination or modification.

Source: L. 2000: Entire part R&RE, p. 1797, § 1, effective January 1, 2001 (see § 15-17-103).

Editor’s note: This section is similar to former § 15-14-304 as it existed prior to 2001.