§5-501. Authority for protective arrangements 1. Order protective arrangement. Under this Part, a court: A. Upon receiving a petition for a guardianship for an adult may order one or more protective arrangements instead of guardianship as a less restrictive alternative to guardianship; and [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, […]
§5-502. Basis for protective arrangements instead of guardianship for adult 1. Findings. After the hearing conducted on a petition for guardianship under section 5‑302 or one or more protective arrangements instead of guardianship under section 5‑501, subsection 2, the court may enter an order for one or more protective arrangements instead of guardianship under subsection […]
§5-503. Basis for protective arrangements instead of conservatorship for adult or minor 1. Findings. After the hearing conducted on a petition for conservatorship for an adult under section 5‑402 or one or more protective arrangements instead of conservatorship for an adult under section 5‑501, subsection 3, the court may enter an order for one or […]
§5-504. Petition 1. Petition contents. A petition for one or more protective arrangements instead of guardianship or conservatorship must set forth the petitioner’s name, principal residence, current street address, if different, relationship to the respondent and interest in the protective arrangements and state or contain the following to the extent known: A. The respondent’s […]
§5-505. Notice and hearing 1. Date, time and place for hearing. On receipt of a petition under section 5-501, the court shall set a date, time and place for hearing on the petition. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. Notice to respondent. A […]
§5-506. Appointment of visitor 1. Petition for protective arrangement. On receipt of a petition for one or more protective arrangements instead of guardianship under section 5‑501, the court shall appoint a visitor. A visitor appointed under this subsection must be an individual having training or experience in the type of abilities, limitations and needs alleged […]
§5-507. Appointment and role of attorney 1. Appointment of attorney. The court shall appoint an attorney to represent the respondent in a proceeding under this Part if: A. Requested by the respondent; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Recommended by the visitor; […]
§5-508. Professional evaluation 1. Order professional evaluation. At or before a hearing on a petition under this Part for a protective arrangement, the court shall order a professional evaluation of the respondent: A. If the respondent requests the evaluation; or [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. […]
§5-509. Attendance and rights at hearing 1. Attendance by respondent required. Except as otherwise provided in subsection 2, a hearing under this Part 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 […]
§5-510. Notice of order The court shall give notice of an order under this Part to the individual who is the subject of the protective arrangements instead of guardianship or conservatorship, a person whose access to the respondent is restricted by the order and any other person as the court determines. [PL 2017, c. […]
§5-511. Confidentiality of records (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE 1/1/23) 1. Matter of public record; exceptions. The existence of a proceeding for or the existence of one or more protective arrangements instead of a guardianship or conservatorship is a matter of public record unless the court seals the record after: […]
