As used in this chapter, “incapacitated person” means an individual who, for reasons other than being a minor, is unable to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate technological assistance.
(a) Unless specifically authorized by court order, a guardian may not restrict an incapacitated person’s right of communication, visitation, or interaction with other persons, including the right to receive visitors, telephone calls, personal mail or electronic communications. (b) If an incapacitated person is unable to express consent to communication, visitation, or interaction with a person […]
A guardian may, for good cause shown, move the court to have restrictions placed on a person’s ability to communicate, visit, or interact with an incapacitated person in accordance with § 664. The factors the court must consider in determining good cause are: (1) Whether any protective order has been issued to protect the incapacitated […]
(a) A court may order restrictions placed on communications, visitations, or interactions a person may have with an incapacitated person upon a showing of good cause by the guardian. (b) In determining whether to issue an order in accordance with subsection (a), the court must consider the following factors: (1) Whether any protective order has […]
(a) If any interested person, including the incapacitated person, reasonably believes that § 662 has been violated or an order issued under § 664 has been violated, then such person may move the court to: (1) require the guardian to grant a person access to the incapacitated person; (2) restrict, or further restrict, a person’s […]
(a) Except as provided in subsection (b), the court shall schedule a hearing on a motion filed under § 663 or § 665 no later than 60 days after the date the motion is filed. The court may, in its discretion, order the parties to attempt mediation before the hearing. If mediation results in agreement […]
(a) The court may award the prevailing party in any action brought under this chapter court costs and reasonable attorneys’ fees. But an award of court costs or attorneys’ fees may not be paid out of the incapacitated person’s estate. (b) The court, upon motion or upon its own initiative, shall impose upon a guardian […]
A guardian shall promptly notify an incapacitated person’s closest relatives and any person designated by the incapacitated person to be notified, along with the appropriate contact information and upon the incapacitated person’s knowledge of such circumstance and information, if: (1) The incapacitated person’s residence has changed; (2) The incapacitated person is staying at a location […]
(a) A guardian is not required to provide notice in accordance with § 668 if: (1) A person who is entitled to notice under § 668 informs the guardian in writing that the person does not wish to receive such notice; or (2) The incapacitated person or a court order has expressly prohibited the guardian […]
