§5-301. Basis for appointment of guardian for adult 1. Appointment. On petition and after notice and hearing, the court may: A. Appoint a guardian for a respondent who is an adult if it finds by clear and convincing evidence that the respondent lacks the ability to meet essential requirements for physical health, safety or […]
§5-302. Petition for appointment of guardian for adult 1. Petition for appointment. A person interested in an adult’s welfare, including the adult for whom the order is sought, may petition for the appointment of a guardian for the adult. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 […]
§5-303. Notice and hearing 1. Date, time and place for hearing. On receipt of a petition under section 5‑302 for appointment of a guardian for a respondent who is an adult, the court shall set a date, time and place for hearing the petition. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, […]
§5-304. Appointment of visitor 1. Appointment of visitor. On receipt of a petition for appointment of a guardian for a respondent who is an adult under section 5-302, the court shall appoint a visitor. The visitor must be an individual having training or experience in the type of abilities, limitations and needs alleged in the […]
§5-305. Appointment and role of attorney for adult 1. Appointment of attorney required. The court shall appoint an attorney to represent the respondent in a proceeding on a petition under section 5-302 if: A. Requested by the respondent; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 […]
§5-306. Professional evaluation 1. Evaluation; report. In every adult guardianship matter, the respondent must be examined by a medical practitioner who is acceptable to the court and who is qualified to evaluate the respondent’s alleged cognitive and functional abilities. The individual conducting the evaluation shall file a report in a record with the court at […]
§5-307. Attendance and rights at hearing 1. Attendance by respondent. Except as otherwise provided in subsection 2, a hearing under section 5-303 may proceed only if the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typically are conducted, the court shall […]
§5-308. Confidentiality of records (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE 1/1/23) 1. Matter of public record; exception. The existence of a proceeding for or the existence of a guardianship for an adult is a matter of public record unless the court seals the records after: A. The respondent or individual […]
§5-309. Who may be guardian of adult; priorities 1. Priority for appointment. Except as otherwise provided in subsection 3, the court in appointing a guardian for an adult shall consider persons otherwise qualified in the following order of priority: A. A guardian, other than a temporary or emergency guardian, currently acting for the respondent […]
§5-310. Order of appointment 1. Order contents. A court order appointing a guardian for an adult must: A. Include a finding that clear and convincing evidence has established that the basis for an appointment of a guardian, as required under section 5‑301, has been met; and [PL 2019, c. 417, Pt. A, §35 […]
§5-311. Notice of order of appointment; rights A guardian appointed under section 5-309 shall give to the adult subject to guardianship and to all other persons given notice under section 5-303 a copy of the order of appointment, together with a notice of the right to request termination or modification. The order and notice must […]
§5-312. Emergency guardian 1. Basis for emergency guardianship. On petition by a person interested in an adult’s welfare or on its own after a petition has been filed under section 5‑302, the court may appoint an emergency guardian for the adult if the court finds: A. Appointment of an emergency guardian is likely to […]
§5-313. Duties of guardian for adult 1. Fiduciary. A guardian for an adult is a fiduciary. Except as otherwise limited by the court, a guardian for an adult shall make decisions regarding the support, care, education, health and welfare of the adult subject to guardianship to the extent necessitated by the adult’s limitations. [PL […]
§5-314. Powers of guardian for adult 1. Powers. Except as otherwise limited by the court, a guardian for an adult may: A. Apply for or receive money, personal effects or benefits for the support of the adult and apply the money for support, care and education of the adult, unless a conservator has been […]
§5-315. Special limitations on guardian’s power 1. Limitations; health care; finances. Unless authorized by the court by specific order, a guardian for an adult does not have the power to revoke or amend a power of attorney for health care or an advance health care directive or power of attorney for finances executed by the […]
§5-316. Guardian’s plan 1. Plan; revision. The petitioner for appointment of a guardian for an adult shall file with the petition a plan for the care of the adult. When there is a subsequent change in circumstances, or the guardian seeks to deviate significantly from the plan previously filed, the guardian shall file with the […]
§5-317. Guardian’s report; monitoring of guardianship 1. Report; contents. A guardian for an adult at least annually shall submit to the court a report in a record regarding the condition of the adult and accounting for money and other property in the guardian’s possession or subject to the guardian’s control. Each report must state or […]
§5-318. Removal of guardian for adult; appointment of successor 1. Removal; successor. The court may remove a guardian for an adult for failure to perform the guardian’s duties or for other good cause and appoint a successor guardian to assume the duties of guardian. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, […]
§5-319. Termination or modification of guardianship for adult 1. Petition for termination or modification. An adult subject to guardianship, the guardian for the adult or a person interested in the welfare of the adult may petition for: A. Termination of the guardianship on the ground that a basis for appointment under section 5-301 does […]
