§ 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 […]
§ 28-65-219. Substitution — Removal
(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 […]
§ 28-65-220. Successor guardian
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.