524.5-301 APPOINTMENT AND STATUS OF GUARDIAN. A person becomes a guardian of an incapacitated person by a parental or spousal appointment or upon appointment by the court. The guardianship continues until terminated, without regard to the location of the guardian or person subject to guardianship. History: 2003 c 12 art 1 s 27; 2020 c […]
524.5-302 APPOINTMENT OF GUARDIAN BY WILL OR OTHER WRITING. (a) A parent, by will or other signed writing executed in the same manner as a health care directive pursuant to chapter 145C, may appoint a guardian for an unmarried child who the parent believes is an incapacitated person, may specify the desired limitations on the […]
524.5-303 JUDICIAL APPOINTMENT OF GUARDIAN: PETITION. (a) 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 guardian, limited or unlimited in duration or power, for the individual. (b) The petition must set forth the petitioner’s name, […]
524.5-304 JUDICIAL APPOINTMENT OF GUARDIAN: PRELIMINARIES TO HEARING. (a) Upon receipt of a petition to establish a guardianship, the court shall set a date and time for hearing the petition and may appoint a visitor. The duties and reporting requirements of the visitor are limited to the relief requested in the petition. (b) A proposed […]
524.5-307 GUARDIAN PROCEEDINGS; PRESENCE AND RIGHTS AT HEARING. (a) Unless excused by the court for good cause, the petitioner and the proposed guardian shall attend the hearing. The respondent shall attend and participate in the hearing, unless excused by the court for good cause. The petitioner and respondent may present evidence and subpoena witnesses and […]
524.5-308 NOTICE. (a) A copy of the petition and notice of the hearing on a petition for guardianship must be served personally on the respondent pursuant to section 524.5-304, paragraph (d). 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 […]
524.5-309 WHO MAY BE GUARDIAN: PRIORITIES. (a) Subject to paragraph (c), the court, in appointing a guardian, shall consider persons otherwise qualified in the following order of priority: (1) a guardian, other than a temporary or emergency guardian, currently acting for the respondent in this state or elsewhere; (2) a health care agent appointed by […]
524.5-310 FINDINGS; ORDER OF APPOINTMENT. (a) The court may appoint a guardian, limited or unlimited in duration or power, for a respondent only if it finds by clear and convincing evidence that: (1) the respondent is an incapacitated person; and (2) the respondent’s identified needs cannot be met by less restrictive means, including but not […]
524.5-311 EMERGENCY GUARDIAN. (a) If the court finds that compliance with the procedures of this article 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 […]
524.5-312 TEMPORARY SUBSTITUTE GUARDIAN. (a) If the court finds that a guardian is not effectively performing the guardian’s duties and that the welfare of the person subject to guardianship requires immediate action, it may appoint a temporary substitute guardian for the person subject to guardianship for a specified period not exceeding six months. Except as […]
524.5-313 POWERS AND DUTIES OF GUARDIAN. (a) A guardian shall be subject to the control and direction of the court at all times and in all things. (b) The court shall grant to a guardian only those powers necessary to provide for the demonstrated needs of the person subject to guardianship. (c) The court may […]
524.5-315 RIGHTS AND IMMUNITIES OF GUARDIAN; LIMITATIONS. (a) A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for expenditures made on behalf of the person subject to guardianship, in a manner consistent with section 524.5-502. (b) A guardian is not liable to a third person for acts of the person […]
524.5-316 REPORTS; MONITORING OF GUARDIANSHIP; COURT ORDERS. (a) A guardian shall report to the court in writing on the condition of the person subject to guardianship at least annually and whenever ordered by the court. A copy of the report must be provided to the person subject to guardianship and to interested persons of record […]
524.5-317 TERMINATION OR MODIFICATION OF GUARDIANSHIP; COURT ORDERS. (a) A guardianship terminates upon the death of the person subject to guardianship, upon the expiration of the duration of guardianship established in the order appointing the guardian, or upon order of the court. (b) On petition of any person interested in the welfare of the person […]
