18-C §5-302. Petition for appointment of guardian for adult
§5-302. Petition for appointment of guardian for adult 1. Petition for appointment. A person interested in an adult’s welfare, including the adult for whom the order is sought, may petition for the appointment of a guardian for the adult. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 […]
18-C §5-318. Removal of guardian for adult; appointment of successor
§5-318. Removal of guardian for adult; appointment of successor 1. Removal; successor. The court may remove a guardian for an adult for failure to perform the guardian’s duties or for other good cause and appoint a successor guardian to assume the duties of guardian. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, […]
18-C §5-303. Notice and hearing
§5-303. Notice and hearing 1. Date, time and place for hearing. On receipt of a petition under section 5‑302 for appointment of a guardian for a respondent who is an adult, the court shall set a date, time and place for hearing the petition. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, […]
18-C §5-319. Termination or modification of guardianship for adult
§5-319. Termination or modification of guardianship for adult 1. Petition for termination or modification. An adult subject to guardianship, the guardian for the adult or a person interested in the welfare of the adult may petition for: A. Termination of the guardianship on the ground that a basis for appointment under section 5-301 does […]
18-C §5-304. Appointment of visitor
§5-304. Appointment of visitor 1. Appointment of visitor. On receipt of a petition for appointment of a guardian for a respondent who is an adult under section 5-302, the court shall appoint a visitor. The visitor must be an individual having training or experience in the type of abilities, limitations and needs alleged in the […]
18-C §5-305. Appointment and role of attorney for adult
§5-305. Appointment and role of attorney for adult 1. Appointment of attorney required. The court shall appoint an attorney to represent the respondent in a proceeding on a petition under section 5-302 if: A. Requested by the respondent; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 […]
18-C §5-306. Professional evaluation
§5-306. Professional evaluation 1. Evaluation; report. In every adult guardianship matter, the respondent must be examined by a medical practitioner who is acceptable to the court and who is qualified to evaluate the respondent’s alleged cognitive and functional abilities. The individual conducting the evaluation shall file a report in a record with the court at […]
18-C §5-307. Attendance and rights at hearing
§5-307. Attendance and rights at hearing 1. Attendance by respondent. Except as otherwise provided in subsection 2, a hearing under section 5-303 may proceed only if the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typically are conducted, the court shall […]
18-C §5-308. Confidentiality of records (WHOLE SECTION TEXT EFFECTIVE 1/1/23)
§5-308. Confidentiality of records (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE 1/1/23) 1. Matter of public record; exception. The existence of a proceeding for or the existence of a guardianship for an adult is a matter of public record unless the court seals the records after: A. The respondent or individual […]