14-5301. Appointment of guardian by will or other writing; objections; notice A. A parent, by will or other signed writing, may appoint a guardian for an unmarried child who the parent believes is an incapacitated person, specify desired limitations on the powers to be given to the guardian and revoke or amend the appointment before […]
14-5301.01. Appointment of guardian by will or other writing; effectiveness; acceptance; confirmation A. The appointment of a guardian pursuant to section 14-5301 is effective on the death of the appointing parent or spouse, the adjudication of incapacity of the appointing parent or spouse or a written determination by a physician who has examined the appointing […]
14-5301.02. Appointment and status of guardian A person becomes a guardian of an incapacitated person by a parental or spousal appointment or on appointment by the court. The guardianship continues until it is terminated, without regard to the location of the guardian or the ward.
14-5301.03. Judicial appointment of guardian; special provision for incapacitated minors approaching adulthood A. A party that is interested in the welfare of a minor who is at least seventeen years six months of age and who is alleged to be incapacitated may initiate guardianship proceedings pursuant to this article and request that any guardianship order […]
14-5301.04. Judicial appointment of conservator or protective order; special provision for incapacitated minors approaching adulthood A party that is interested in the welfare of a minor who is at least seventeen years six months of age and who is alleged to be in need of protection may petition the court for appointment of a conservator […]
14-5302. Venue The venue for guardianship proceedings for an incapacitated person is in the county where the incapacitated person resides or is present. If the incapacitated person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also in the county in which that court sits.
14-5303. Procedure for court appointment of a guardian of an alleged incapacitated person A. The alleged incapacitated person or any person interested in that person’s affairs or welfare may petition for the appointment of a guardian or for any other appropriate protective order. B. The petition shall contain a statement that the authority granted to […]
14-5304. Findings; limitations; filing; fingerprinting A. In exercising its appointment authority pursuant to this chapter, the court shall encourage the development of maximum self-reliance and independence of the incapacitated person. B. The court may appoint a general or limited guardian as requested if the court finds by clear and convincing evidence that: 1. The person […]
14-5304.01. Effect of appointment of guardian on privilege to operate a motor vehicle A. On the appointment of a guardian, the court may determine that the ward’s privilege to obtain or retain a driver license should be suspended and issue an order suspending the privilege. B. If the court is presented with sufficient medical or […]
14-5304.02. Limited guardianship; voting A person for whom a limited guardian is appointed shall retain the right to vote if the person files a petition, has a hearing and the judge determines by clear and convincing evidence that the person retains sufficient understanding to exercise the right to vote.
14-5305. Acceptance of appointment; consent to jurisdiction By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding shall be delivered to the guardian or mailed to him by ordinary mail at his address […]
14-5306. Termination of guardianship for incapacitated person Except pursuant to section 14-5317, the authority and responsibility of a guardian for an incapacitated person terminates on the death of the guardian or ward, a determination of incapacity of the guardian, or substitution or resignation as provided in section 14-5307. Testamentary appointment under an informally probated will […]
14-5307. Substitution or resignation of guardian; termination of incapacity A. On petition of the ward or any person interested in the ward’s welfare, or on the court’s own initiative, the court shall substitute a guardian and appoint a successor if it is in the best interest of the ward. The court does not need to […]
14-5308. Court appointed investigators; qualifications; duties A. An investigator appointed by the court under sections 14-5303 and 14-5407 shall have a background in law, nursing or social work and shall have no personal interest in the proceedings. B. The investigator shall conduct an investigation before the court appoints a guardian or a conservator to allow […]
14-5309. Notices in guardianship proceedings A. In a proceeding for a contact order or modification of a contact order pursuant to section 14-5316 or for the appointment or substitution of a guardian of a ward or an alleged incapacitated person other than the appointment of a temporary guardian or temporary suspension of a guardian, notice […]
14-5310. Temporary guardians; appointment; notice; court appointed attorney hearings; duties A. If an alleged incapacitated person has no guardian and an emergency exists or if an appointed guardian is not effectively performing the duties of a guardian and the welfare of the ward is found to require immediate action, the alleged incapacitated person, the ward […]
14-5310.01. Adult protective services workers; special visitation warrants A. Adult protective services workers of the department of economic security charged with responsibilities involving protection of incapacitated and abused, exploited or neglected adults may present themselves before the court to apply for and obtain special visitation warrants. The court shall limit such visitations to the residence […]
14-5311. Who may be guardian; priorities A. Any qualified person may be appointed guardian of an incapacitated person, subject to the requirements of section 14-5106. B. The court may consider the following persons for appointment as guardian in the following order: 1. A guardian or conservator of the person or a fiduciary appointed or recognized […]
14-5312. General powers and duties of guardian A. A guardian of an incapacitated person has the same powers, rights and duties respecting the guardian’s ward that a parent has respecting the parent’s unemancipated minor child, except that a guardian is not liable to third persons for acts of the ward solely by reason of the […]
14-5312.01. Inpatient treatment; rights and duties of ward and guardian A. Except as provided in subsection B of this section, a guardian of an incapacitated person may consent to psychiatric and psychological care and treatment, including the administration of psychotropic medications, if the care and treatment take place outside an inpatient psychiatric facility licensed by […]
