The court may appoint a guardian for an adult when the respondent lacks the ability to meet essential requirements for physical health, safety or self-care because: The adult is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services or technological assistance; or The adult is found to be […]
A proceeding under this article may be instituted by the chancellor or clerk of the chancery court, any relative or friend of the adult, or any other interested party, including the adult for whom the order is sought, by filing a sworn petition in the chancery court of the county of the residence of the […]
On receipt of a petition under Section 93-20-302 for appointment of a guardian for a respondent who is an adult, the court must set a date, time and place for a hearing, and shall cause not less than seven (7) days’ notice thereof to be given to the adult for whom the guardian is to […]
The court may appoint a guardian ad litem to any respondent and allow suitable compensation payable out of the estate of the respondent, but the appointment shall not be made except when the court considers it necessary for the protection of the interest of the respondent; a judgment of any court is not void or […]
The chancery court must conduct a hearing to determine whether a guardian is needed for the respondent. Before the hearing, the court, in its discretion, may appoint a guardian ad litem to look after the interest of the person in question; the guardian ad litem must be present at the hearing and present the interests […]
At a hearing held under Section 93-20-303, the respondent may: Present evidence and subpoena witnesses and documents; Examine witnesses; and Otherwise participate in the hearing. Unless excused by the court for good cause shown, a proposed guardian must attend a hearing under Section 93-20-303. A hearing under Section 93-20-303 must be closed upon request of […]
An adult subject to a proceeding for a guardianship, an attorney designated by the adult, and a person entitled to notice either under Section 93-20-309(4) or a court order may access court records of the proceeding and resulting guardianship, including the guardian’s plan under Section 93-20-315 and guardian’s well-being report under Section 93-20-316. A person […]
Appointment of a guardian for an adult will be at the discretion of the court and in the best interest of the respondent. If two (2) or more persons have requested responsibility as guardian for the adult, the court shall select as guardian the person the court considers best qualified. In determining the best qualified […]
A court order appointing a guardian for an adult must: Include a specific finding that clear and convincing evidence established that the identified needs of the respondent cannot be met by a less restrictive alternative, including use of appropriate supportive services and technological assistance; and Include a specific finding that clear and convincing evidence established […]
A guardian appointed under Section 93-20-309 must give the ward and all other persons given notice under Section 93-20-309(4) a copy of the order of appointment, together with notice of the right to request termination or modification. The order and notice must be given not later than fourteen (14) days after the appointment. Not later […]
On a petition by a person interested in an adult’s welfare or a petition filed under Section 93-20-302, the court may appoint an emergency guardian for the adult if the court finds: Appointment of an emergency guardian is likely to prevent substantial harm to the adult’s physical health, safety, or welfare; No other person appears […]
A guardian for an adult is a fiduciary. Except as otherwise limited by the court, a guardian for an adult shall make decisions regarding the support, care, education, health, and welfare of the ward to the extent necessitated by the adult’s limitations. A guardian for an adult promotes the self-determination of the adult and, to […]
Except as limited by court order, a guardian for an adult may: Apply for and receive funds and benefits for the support of the adult, unless a conservator is appointed for the adult and the application or receipt is within the powers of the conservator; Unless inconsistent with a court order, establish the adult’s place […]
Unless authorized by the court by specific order, a guardian for an adult does not have the power to revoke or amend an advanced health-care directive or power of attorney for finances executed by the adult. If an advanced health-care directive is in effect, unless there is a court order to the contrary, a health-care […]
If required by the court, a guardian must file with the court a plan for the care of the adult no later than ninety (90) days after the court’s order of appointment or order to file a plan. If a plan is required and there is a significant change in circumstances, or if the guardian […]
If there is a significant change in circumstances, or if the guardian seeks to deviate significantly from the guardian’s plan, a guardian must file with the court a report in a record regarding the condition of the adult and accounting for funds and other property in the guardian’s possession or subject to the guardian’s control […]
Upon petition and for good cause shown, the court may hold a hearing to consider whether to remove a guardian for an adult for failure to perform the guardian’s duties and appoint a successor guardian to assume the duties of guardian. Notice of a petition under this section must be given to the ward, the […]
Upon petition and for good cause shown, the court may hold a hearing to consider whether termination of the guardianship exists on the ground that a basis for appointment under Section 93-20-301 does not exist or termination would be in the best interest of the adult or for other good cause; or modification of the […]
