§ 28-65-211 — Determination of incapacity - Evidence required

(a) The fact of minority, disappearance, or detention, or confinement by a foreign power shall be established by satisfactory evidence. (b) (1) In determining the incapacity of a person for whom a guardian is sought to be appointed for cause other than minority, disappearance, or detention, or confinement by a foreign power, the court shall require that the evidence of incapacity include the oral testimony or sworn written statement of one (1) or more qualified professionals, whose qualifications shall be set forth in their testimony or written statements. (2) If the alleged incapacitated person is confined or undergoing treatment in an institution for the treatment of mental or nervous diseases or in a hospital or penal institution, one (1) of the professionals shall be a member of the medical staff of that hospital or institution. (3) The court, in its discretion, may require the presence before it of the person of the alleged incapacitated person. (4) The court shall fix the fees to be paid to such examiners, which shall be charged as part of the costs of the proceeding. (c) The costs of the proceeding shall be paid by the petitioner, who shall be reimbursed therefor out of the estate of the incapacitated person, if a guardian is appointed.

Legislative History

Acts 1985, No. 940, § 15; A.S.A. 1947, § 57-834.