A person becomes a guardian of an incapacitated person upon appointment by the court. The guardianship continues until terminated, without regard to the location of the guardian or ward. Source: L. 2000: Entire part R&RE, p. 1792, § 1, effective January 1, 2001 (see § 15-17-103).
An individual or a person interested in the individual’s welfare may petition for a determination of incapacity, in whole or in part, and for the appointment of a limited or unlimited guardian for the individual. The petition must set forth the petitioner’s name, residence, current address if different, relationship to the respondent, and interest in […]
Upon receipt of a petition to establish a guardianship, the court shall set a date and time for hearing the petition and appoint a visitor. The duties and reporting requirements of the visitor are limited to the relief requested in the petition. The visitor must be a person who has such training as the court […]
At or before a hearing under this part 3, the court may order a professional evaluation of the respondent and shall order the evaluation if the respondent so demands. If the court orders the evaluation, the respondent must be examined by a physician, psychologist, or other individual appointed by the court who is qualified to […]
Unless excused by the court for good cause, the proposed guardian shall attend the hearing. The respondent shall attend the hearing, unless excused by the court for good cause. The respondent may present evidence and subpoena witnesses and documents; examine witnesses, including any court-appointed physician, psychologist, or other individual qualified to evaluate the alleged impairment, […]
A copy of a petition for guardianship and notice of the hearing on the petition must be served personally on the respondent. The notice must include a statement that the respondent must be physically present unless excused by the court, inform the respondent of the respondent’s rights at the hearing, and include a description of […]
Subject to subsection (4) of this section, the court in appointing a guardian shall consider persons otherwise qualified in the following order of priority: A guardian, other than a temporary or emergency guardian, currently acting for the respondent in this state or elsewhere; A person nominated as guardian by the respondent, including the respondent’s specific […]
The court may: Appoint a limited or unlimited guardian for a respondent only if it finds by clear and convincing evidence that: The respondent is an incapacitated person; and The respondent’s identified needs cannot be met by less restrictive means, including use of appropriate and reasonably available technological assistance; or With appropriate findings, treat the […]
If the court finds that compliance with the procedures of this part 3 will likely result in substantial harm to the respondent’s health, safety, or welfare, and that no other person appears to have authority and willingness to act in the circumstances, the court, on petition by a person interested in the respondent’s welfare, may […]
If the court finds that a guardian is not effectively performing the guardian’s duties and that the welfare of the ward requires immediate action, it may appoint a temporary substitute guardian for the ward for a specified period not exceeding six months. Except as otherwise ordered by the court, a temporary substitute guardian so appointed […]
Except as otherwise limited by the court, a guardian shall make decisions regarding the ward’s support, care, education, health, and welfare. A guardian shall exercise authority only as necessitated by the ward’s limitations and, to the extent possible, shall encourage the ward to participate in decisions, act on the ward’s own behalf, and develop or […]
Subject to the limitations set forth in section 15-14-316 and except as otherwise limited by the court, a guardian may: Apply for and receive money payable to the ward or the ward’s guardian or custodian for the support of the ward under the terms of any statutory system of benefits or insurance or any private […]
The guardian may petition the court for authority to commence and maintain an action for dissolution of marriage or legal separation on behalf of the ward. The court may grant such authority only if satisfied, after notice and hearing, that: It is in the best interest of the ward based on evidence of abandonment, abuse, […]
A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room and board provided by the guardian or one who is affiliated with the guardian, but only as approved by order of the court. If a conservator, other than the guardian or one who is affiliated with the guardian, has […]
Within sixty days after appointment or as otherwise directed by the court, a guardian shall report to the court in writing on the condition of the ward, the guardian’s personal care plan for the ward, and account for money and other assets in the guardian’s possession or subject to the guardian’s control. A guardian shall […]
A guardianship terminates upon the death of the ward or upon order of the court. On petition of a ward, a guardian, or another person interested in the ward’s welfare, the court shall terminate a guardianship if the ward no longer meets the standard for establishing the guardianship. The court may modify the type of […]
An adult ward has the right post-adjudication to be represented by a lawyer of the ward’s choosing at the expense of the ward’s estate unless the court finds by clear and convincing evidence that the ward lacks sufficient capacity to provide informed consent for representation by a lawyer. Upon such a finding, the court shall […]
