(a) A guardian of the estate may be appointed for any incapacitated person. (b) A guardian of the person may be appointed for any incapacitated person except a married minor who is incapacitated solely by reason of his or her minority.
(a) The venue for the appointment of a guardian shall be: (1) In the county of this state which is the domicile of the incapacitated person; (2) If the incapacitated person is not domiciled in this state, but resides in this state, then in the county of his or her residence; or (3) If the […]
(a) (1) A natural person is qualified to be appointed guardian of the person and of the estate of an incapacitated person if he or she is: (A) A resident of this state; (B) At least eighteen (18) years of age; (C) Of sound mind; and (D) Subject to the limitations in subdivision (a)(2) of […]
(a) The parents of an unmarried minor, or either of them, if qualified and, in the opinion of the court, suitable, shall be preferred over all others for appointment as guardian of the person. (b) Subject to this rule, the court shall appoint as guardian of an incapacitated person the one most suitable who is […]
(a) Any person may file a petition for the appointment of himself or herself or some other qualified person as guardian of an incapacitated person. (b) The petition shall state, insofar as can be ascertained: (1) The name, age, residence, and post office address of the incapacitated person; (2) The nature of incapacity and purpose […]
When an application is made for the appointment of a guardian for two (2) or more incapacitated persons who are children of a common parent, or are parent and child or are husband and wife, it shall not be necessary that a separate petition, bond, or other paper be filed for each incompetent, and the […]
(a) Notice of the hearing for the appointment of a guardian need not be given to any person: (1) Who has signed the petition; (2) Who has in writing waived notice of the hearing, except the alleged incapacitated person may not waive notice; (3) Who actually appears at the hearing; (4) Whose existence, relationship to […]
Whenever notice of a hearing in a guardianship proceeding is required, the notice shall be served upon the following who do not appear or in writing waive notice of hearing: (1) The guardian of the person; (2) The guardian of the estate; and (3) If directed by the court: (A) Any department, bureau, agency, or […]
(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 […]
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.
(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 […]
(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 […]
(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) […]
(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 […]
(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 […]
(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 […]
(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 […]
(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 […]
(a) When a minor ward has attained fourteen (14) years of age, his or her guardian may be removed on petition of the ward to have another person appointed guardian if the court is satisfied that the person chosen is suitable, qualified, and competent and that it is for the best interest of the ward […]
When a guardian dies, is removed by order of the court, or resigns and the resignation is accepted by the court, the court may appoint another guardian in his or her place in the same manner and subject to the same requirements as are provided in this chapter for an original appointment of a guardian.
