§ 34-1-128. Duties of Court Clerk — Records — Index — Deadlines — Notices and Summons
The clerk shall maintain on all guardianship and conservatorship cases the same type docket books, files, minute books, and other records as in all other cases. In addition, the clerk shall maintain an appropriate index or tickler so that reporting deadlines established in §§ 34-1-110 and 34-1-111 and the like are easily ascertainable. The clerk […]
§ 34-1-129. Letters of Conservatorship or Guardianship — Limited
Upon the entry of the order appointing a fiduciary and the submission of a bond consistent with the order, the clerk shall issue letters of conservatorship or letters of guardianship. The letters of conservatorship or guardianship shall either: Recite the specific powers removed from the minor or person with a disability and transferred to the […]
§ 34-1-130. Forms or Instructions — Inventory, Receipts and Expenditures
The clerk may prescribe forms or instructions as to the manner in which a fiduciary may render its inventory, receipts, and expenditures.
§ 34-1-131. Examination of Annual Accounting — Report to Judge
The clerk shall examine the annual accounting of the fiduciary and make a report on the accounting to the judge.
§ 34-1-132. Appointment of Emergency Guardian or Conservator
If the court finds that compliance with the procedures of this title will likely result in substantial harm to the respondent’s health, safety, or welfare, and that no other person, including an agent acting under the Health Care Decision Act, compiled in title 68, chapter 11, part 18, or a person acting under the Durable […]
§ 34-1-133. Expedited Limited Healthcare Fiduciary
If the respondent is under hospitalization in a hospital as those terms are defined in title 68, chapter 11, part 2, and no other person, including an agent acting under the Healthcare Decision Act, compiled in title 68, chapter 11, part 18, a person acting under the Durable Powers of Attorney for Healthcare Act, compiled […]
§ 34-1-124. No Fiduciary Appointed — Expunction of Record
If an action for the appointment of a fiduciary is brought but no fiduciary is appointed, the court may for good cause enter an order permitting expunction of the record.
§ 34-1-125. Attorney Ad Litem
The court shall appoint an attorney ad litem to represent the respondent on the respondent’s request, upon the recommendation of the guardian ad litem or if it appears to the court to be necessary to protect the rights or interests of the respondent. The attorney ad litem shall be an advocate for the respondent in […]
§ 34-1-126. Finding of Disablement and Need of Assistance Prerequisite for Appointment of Fiduciary
The court must find by clear and convincing evidence that the respondent is fully or partially disabled and that the respondent is in need of assistance from the court before a fiduciary can be appointed.
§ 34-1-127. Least Restrictive Alternative to Be Imposed
The court has an affirmative duty to ascertain and impose the least restrictive alternatives upon the person with a disability that are consistent with adequate protection of the person with a disability and the property of the person with a disability.