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.
81.11 – Hearing.
§ 81.11 Hearing. (a) A determination that the appointment of a guardian is necessary for a person alleged to be incapacitated shall be made only after a hearing. (b) In a proceeding brought pursuant to this article any party to the proceeding shall have the right to: 1. present evidence; 2. call witnesses, including expert […]
81.12 – Burden and Quantum of Proof.
§ 81.12 Burden and quantum of proof. (a) A determination that a person is incapacitated under the provisions of this article must be based on clear and convincing evidence. The burden of proof shall be on the petitioner. (b) The court may, for good cause shown, waive the rules of evidence. The report of the […]
81.13 – Timing of Hearing.
§ 81.13 Timing of hearing. Unless the court, for good cause shown, orders otherwise, a proceeding under this article is entitled to a preference over all other causes in the court. Unless the court, for good cause shown, orders otherwise, the hearing or trial shall be conducted within the time set forth in subdivision (b) […]
81.14 – Record of the Proceedings.
§ 81.14 Record of the proceedings. (a) A record of the proceedings shall be made in all cases. (b) The court shall not enter an order sealing the court records in a proceeding under this article, either in whole or in part, except upon a written finding of good cause, which shall specify the grounds […]
81.15 – Findings.
§ 81.15 Findings. (a) Where the court determines that the person agrees to the appointment and that the appointment is necessary, the court shall make the following findings on the record: 1. the person’s agreement to the appointment; 2. the person’s functional limitations which impair the person’s ability to provide for personal needs or property […]
81.16 – Dispositional Alternatives.
§ 81.16 Dispositional alternatives. (a) Dismissal of the petition. If the person alleged to be incapacitated under this article is found not to be incapacitated, the court shall dismiss the petition. (b) Protective arrangements and single transactions. If the person alleged to be incapacitated is found to be incapacitated, the court without appointing a guardian, […]
81.17 – Nomination of Guardian.
§ 81.17 Nomination of guardian. In the petition, or in a written instrument duly executed, acknowledged, and filed in the proceeding before the appointment of a guardian, the person alleged to be incapacitated may nominate a guardian.