§ 34-3-104. Petition for Appointment — Sworn — Contents
The petition for the appointment of a conservator, which shall be sworn, should contain the following: The name, date of birth, residence and mailing address of the respondent; A description of the nature of the alleged disability of the respondent; The name, age, residence and mailing address of the petitioner, a statement of the relationship […]
§ 34-3-105. Examination, Physical, Psychological or Otherwise, of Respondent
If the respondent has been examined by a physician or, where appropriate, a psychologist or senior psychological examiner not more than ninety (90) days prior to the filing of the petition and the examination is pertinent, the report of the examination shall be submitted with the petition. If the respondent has not been examined within […]
§ 34-3-106. Rights of Respondent
The respondent has the right to: On demand by respondent or the guardian ad litem, a hearing on the issue of disability; Present evidence, including testimony or other evidence from a physician, psychologist or senior psychological examiner of the respondent’s choosing, and confront, as a cross-examiner, witnesses; Appeal the final decision on the petition with […]
§ 34-3-107. Where Conservator Needed — Court Order — Consent
If the court determines a conservator is needed, the court shall enter an order which shall: Name the conservator or co-conservators and, in the court’s discretion, a standby conservator or co-conservators; Enumerate the powers removed from the respondent and those to be vested in the conservator. To the extent not specifically removed, the respondent shall […]
§ 34-3-108. Discharge of Conservator — Modification of Duties — Termination — Final Accountings and Distribution of Assets
A conservator appointed under this chapter may be discharged or have its duties modified if the court determines that the respondent is no longer a person with a disability, or that it is in the best interests of the person with a disability that the conservatorship be terminated, or that the conservator has failed to […]
§ 34-2-101. Actions for Appointment of Guardian — Where Brought
Actions for the appointment of only a guardian of the person may be brought in the juvenile court in the county in which there is venue. Actions for the appointment of a guardian of the person or property or both may be brought in a court exercising probate jurisdiction or any other court of record […]
§ 34-2-102. Petition for Appointment of Guardian — Who May File
A petition for the appointment of a guardian may be filed by any person having knowledge of the circumstances necessitating the appointment of a guardian.
§ 34-2-103. Priority of Persons to Be Considered
Subject to the court’s determination of what is in the best interests of the minor, the court shall consider the following persons in the order listed for appointment of the guardian: The parent or parents of the minor; The person or persons designated by the parent or parents in a will or other written document; […]
§ 34-2-104. Petition for Appointment — Sworn — Contents
The petition for the appointment of a guardian, which shall be sworn, should contain the following: The name, date of birth, residence and mailing address of the minor; The name, age, residence and mailing address and relationship of the petitioner; The name, age, mailing address and relationship of the proposed guardian and, if the proposed […]
§ 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 […]