§ 28-65-207 — Notice of hearing for appointment

(a) Notice of the hearing for the appointment of a guardian need not be given to any person: (1) Who has signed the petition; (2) Who has in writing waived notice of the hearing, except the alleged incapacitated person may not waive notice; (3) Who actually appears at the hearing; (4) Whose existence, relationship to the alleged incapacitated person, or whereabouts is unknown and cannot by the exercise of reasonable diligence be ascertained; (5) Other than the alleged incapacitated person, whom the court finds to be beyond the limits of the continental United States or himself or herself incompetent; or (6) The alleged incapacitated person if the court finds that he or she is detained or confined by a foreign power or has disappeared. (b) Except as provided in subsection (a) of this section, before the court shall appoint a guardian, other than a temporary guardian, notice of the hearing of the application for the appointment of the guardian shall be served upon the following: (1) The alleged incapacitated person if over fourteen (14) years of age, and the alleged incapacitated person shall be notified of his or her rights under § 28-65-213 . This notice shall be served with the notice of hearing; (2) The parents of the alleged incapacitated person, if the alleged incapacitated person is a minor; (3) The spouse, if any, of the alleged incapacitated person; (4) Any other person who is the guardian of the person or of the estate of the alleged incapacitated person, or any other person who has the care and custody of the alleged incapacitated person, and the director of any agency from which the respondent is receiving services; (5) The Department of Human Services when the petition seeks appointment of a guardian who, at the time the petition is filed, serves as guardian of five (5) or more minor wards; (6) If there is neither a known parent nor known spouse, at least one (1) of the nearest competent relatives by blood or marriage of the alleged incapacitated person; and (7) If directed by the court: (A) Any department, bureau, agency, or political subdivision of the United States or of this state which makes or awards compensation, pension, insurance, or other allowance for the benefit of the ward or his or her estate; (B) Any department, bureau, agency, or political subdivision of the United States or of this state or any charitable organization, which may be charged with the supervision, control, or custody of the incompetent person; or (C) Any other person designated by the court. (c) (1) If the incapacitated person is over fourteen (14) years of age, there shall be personal service upon him or her if personal service can be had. Service on others may be had in any manner provided by § 28-1-112(b) or (e) . (2) The court, for good cause shown, may reduce the number of days of notice, but in every case at least twenty (20) days' notice shall be given. (3) It shall not be necessary that the person for whom guardianship is sought be represented by a guardian ad litem in the proceedings.

Legislative History

Acts 1985, No. 940, § 12; A.S.A. 1947, § 57-831; Acts 1991, No. 163, § 2.