As used in this chapter: (1) “Essential requirements for health or safety” means the health care, food, shelter, clothing, and protection without which serious illness or serious physical injury will occur; (2) “Evaluation” means a professional assessment of the abilities of the respondent and the impact of any impairments on the individual’s capability to meet […]
(a) The provisions of this chapter shall: (1) Extend to the persons specifically provided for under the terms of the Uniform Veterans’ Guardianship Act, § 28-66-101 et seq; and (2) Be cumulative to the Uniform Veterans’ Guardianship Act, § 28-66-101 et seq. (b) However, all conflicts arising between the Uniform Veterans’ Guardianship Act, § 28-66-101 […]
(a) The provisions of §§ 28-1-101 — 28-1-104, 28-1-106, 28-1-108 — 28-1-113, 28-1-115, and 28-1-116, unless therein expressly restricted to decedents’ estates, shall apply to guardianships. (b) When sections in subtitle 4 of this title are incorporated by reference by any sections of this chapter they shall be applied as if “decedent” read “incapacitated person” […]
For purposes of this chapter, the following persons are incapacitated persons: (1) Persons under age eighteen (18) whose disabilities have not been removed; (2) Persons who are detained or confined by a foreign power or who have disappeared; and (3) Persons under age twenty-one (21) who: (A) Have reached eighteen (18) years of age; (B) […]
Guardianship for an incapacitated person shall be: (1) Used only as is necessary to promote and protect the well-being of the person and his or her property; (2) Designed to encourage the development of maximum self-reliance and independence of the person; and (3) Ordered only to the extent necessitated by the person’s actual mental, physical, […]
(a) A ward is not presumed to be incompetent and retains all legal and civil rights except those which have been expressly limited by court order or have been specifically granted by order to the guardian by the court. (b) (1) A ward retains the right to communicate, visit, or interact with any person of […]
(a) The jurisdiction of the circuit court over all matters of guardianship, other than guardianships ad litem in other courts, shall be exclusive, subject to the right of appeal. (b) The provisions of this chapter shall not affect the jurisdiction of any court authorized to remove disabilities of minority. (c) (1) If a juvenile is […]
(a) A guardian shall be allowed such compensation for his or her services as guardian as the court shall deem just and reasonable. (b) If the court finds that the guardian has failed to discharge his or her duties as such in any respect, it may deny him or her any compensation whatsoever or may […]
An action by a ward against his or her guardian for a settlement of his or her accounts, for additional security, or for his or her removal, must be brought in the county in which the guardian was qualified.
(a) (1) If a relative has reason to believe coupled with facts to substantiate his or her belief that the guardian of a ward or another person is unreasonably interfering with or denying visitation between the relative and the ward, the relative may file a petition for reasonable visitation with the ward in a court […]
