US Lawyer Database

§ 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 […]

§ 28-65-204. Preferences

(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 […]

§ 28-65-205. Petition

(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 […]

§ 28-65-201. For whom guardian may be appointed

(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.

§ 28-65-202. Venue

(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 […]