81.38 – Vacancy in Office.
§ 81.38 Vacancy in office. (a) Interim guardian. A vacancy created by the death, removal, discharge, resignation, or suspension of a guardian shall be filled by the court. Upon the application of any person entitled to commence a proceeding under this article, the court shall appoint an interim guardian who shall serve for a period […]
81.39 – Guardian Education Requirements.
§ 81.39 Guardian education requirements. (a) Each incapacitated person is entitled to a guardian whom the court finds to be sufficiently capable of performing the duties and exercising the powers of a guardian necessary to protect the incapacitated person. (b) Each person appointed by the court to be a guardian must complete a training program […]
81.40 – Court Evaluator Education Requirements.
§ 81.40 Court evaluator education requirements. (a) Each incapacitated person is entitled to a court evaluator whom the court finds to be sufficiently capable of performing the duties of a court evaluator necessary to ensure that all the relevant information regarding a petition for the appointment of a guardian comes before the court and to […]
81.30 – Initial Report.
§ 81.30 Initial report. (a) No later than ninety days after the issuance of the commission to the guardian, the guardian shall file with the court that appointed the guardian a report in a form prescribed by the court stating what steps the guardian has taken to fulfill his or her responsibilities. Proof of completion […]
81.21 – Powers of Guardian; Property Management.
§ 81.21 Powers of guardian; property management. (a) Consistent with the functional limitations of the incapacitated person, that person’s understanding and appreciation of the harm that he or she is likely to suffer as the result of the inability to manage property and financial affairs, and that person’s personal wishes, preferences, and desires with regard […]
81.22 – Powers of Guardian; Personal Needs.
§ 81.22 Powers of guardian; personal needs. (a) Consistent with the functional limitations of the incapacitated person, that person’s understanding and appreciation of the harm that he or she is likely to suffer as the result of the inability to provide for personal needs, and that person’s personal wishes, preferences, and desires with regard to […]
81.23 – Provisional Remedies.
§ 81.23 Provisional remedies. (a) Temporary guardian. 1. At the commencement of the proceeding or at any subsequent stage of the proceeding prior to the appointment of a guardian, the court may, upon showing of danger in the reasonably foreseeable future to the health and well being of the alleged incapacitated person, or danger of […]
81.24 – Notice of Pendency.
§ 81.24 Notice of pendency. The petitioner shall, prior to judgment, file a notice of pendency if real property or any interest therein is or may be affected by the proceeding.
81.25 – Filing of Bond by Guardian.
§ 81.25 Filing of bond by guardian. (a) Before the guardian, or special guardian appointed under this article, or a trustee of a trust created pursuant to this article, enters upon the execution of his or her duties, the court may require or dispense with the filing of a bond. (b) The court may require […]
81.26 – Designation of Clerk to Receive Process.
§ 81.26 Designation of clerk to receive process. No commission shall issue nor shall any order which in itself constitutes a commission become effective until an instrument executed and acknowledged by the guardian has been filed with the clerk of the court designating the clerk and the clerk’s successor in office as a person on […]