§ 28-65-209. Request for special notice of hearings
(a) (1) At any time after the issuance of letters of guardianship, any department, bureau, agency, or political subdivision of the United States or of this state which makes or awards compensation, pension, insurance, or other allowance for the benefit of the ward’s estate; or any department, bureau, agency, or political subdivision of the United […]
§ 28-65-210. Proof required for appointment of guardian
Before appointing a guardian, the court must be satisfied that: (1) The person for whom a guardian is prayed is either a minor or otherwise incapacitated; (2) A guardianship is desirable to protect the interests of the incapacitated person; and (3) The person to be appointed guardian is qualified and suitable to act as such.
§ 28-65-211. Determination of incapacity — Evidence required
(a) The fact of minority, disappearance, or detention, or confinement by a foreign power shall be established by satisfactory evidence. (b) (1) In determining the incapacity of a person for whom a guardian is sought to be appointed for cause other than minority, disappearance, or detention, or confinement by a foreign power, the court shall […]
§ 28-65-212. Evaluations
(a) (1) A professional evaluation shall be performed prior to the court hearing on any petition for guardianship except when appointment is being made because of minority, disappearance, detention, or confinement by a foreign power or pursuant to § 28-65-218. (2) The evaluation shall be performed by a professional or professionals with expertise appropriate for […]
§ 28-65-213. Hearing — Effect of determinations
(a) At the hearing, the respondent shall have the right to: (1) Be represented by counsel; (2) Present evidence on his or her own behalf; (3) Cross-examine adverse witnesses; (4) Remain silent; (5) Be present; and (6) Require the attendance by subpoena of one (1) or more of the professionals who prepared the evaluation. (b) […]
§ 28-65-214. Guardianship order
(a) A court order establishing a guardianship shall contain findings of fact that the respondent is an incapacitated person and is in need of a guardian for the person or estate, or both. The order may limit the power and duties of the guardian and may define the legal and civil rights retained by the […]
§ 28-65-215. Bond of guardian
(a) If the guardianship is to be of the person only, the amount of the bond shall not exceed one thousand dollars ($1,000), or the court may dispense with the bond. (b) At every accounting, the court shall inquire into the sufficiency of the bond and of the sureties, and, if either or both are […]
§ 28-65-216. Issuance of letters
(a) When a guardian has given such bond as may be required and the bond has been approved, as provided by § 28-48-205, or if no bond is required and the guardian has filed his or her written acceptance of his or her appointment, letters of guardianship under the seal of the court shall be […]
§ 28-65-217. Form of letters
(a) Letters of guardianship shall be in substantially the following form: (b) If the powers, authorities, or duties of the guardian are limited, the letters shall state that fact, clearly and in bold print, by including the word “limited” in the title and by inserting the word “limited” between the words “duly” and “appointed” in […]
§ 28-65-218. Temporary guardian
(a) (1) Except as provided under subdivision (a)(2) of this section, if the court finds that there is imminent danger to the life or health of the incapacitated person or of loss, damage, or waste to the property of an incapacitated person and that this requires the immediate appointment of a guardian of his or […]