§ 26-2A-113 — Petition to Compel Visitation

(a) A relative may file a petition with the court to compel visitation with a ward from whom he or she has been isolated.
(b) The petition shall be filed in the court having jurisdiction over the guardianship of the ward.
(c) On motion of either the petitioner or the guardian or the court, the petition shall be transferred to the circuit court for the sole purpose of a determination of any relief under this division.
(d) The petition shall state all of the following information:
(1) The condition of the ward’s physical and mental health, to the extent known by the petitioner.
(2) The efforts to obtain visitation with the ward.
(3) The proposed visitation that is sought.
(4) The deficit or deficits, if any, in the ward’s mental functions that are impaired and an identification of a link between the deficit or deficits and the ward’s inability to respond knowingly and intelligently to queries about the requested visitation.
(5) The names and addresses, so far as they are known to the petitioner, of the spouse and relatives of the first degree of the ward.
(e) The court shall provide notice not less than 14 days before the hearing in the manner specified in Section 26-2A-103, unless the hearing is an emergency hearing pursuant to subsection (g), in which case, notice shall be given as soon as practicable.
(f) A determination by the court regarding capacity under this section may not be used as evidence of capacity in any other proceeding.
(g) If the petition filed under subsection (a) states that the ward’s health is in significant decline or that the ward’s death may be imminent, the court shall conduct an emergency hearing as soon as practicable, but not later than 10 days after the date the petition is filed under subsection (a).

Legislative History

(Act 2016-404, §2.)