§ 28-65-208. Notice of other hearings
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 […]
§ 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) […]
§ 28-65-201. 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 […]
§ 28-65-203. Qualifications of guardian
(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 […]
§ 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 […]