§ 28-65-213 — Rights of wards and proposed wards

(a) At the hearing, the respondent ward or proposed ward shall have the right to: (1) Be represented by counsel; (2) Present evidence on his or her own behalf; (3) Cross-examine adverse witnesses; (4) (A) Be present. (B) (i) The petitioner or person with physical custody of the respondent ward or proposed ward shall make reasonable efforts to ensure that the respondent ward or proposed ward is present or otherwise able to participate electronically for all hearings. (ii) If the respondent ward or proposed ward is not present at a hearing, the court shall: (a) Inquire first as to the reasons for the absence of the respondent ward or proposed ward; and (b) Proceed after being satisfied that it is not safe, appropriate, or possible for the respondent ward or proposed ward to be present or otherwise participate; and (5) Require the attendance by subpoena of one (1) or more of the professionals who prepared the evaluation. (b) The burden of proof by clear and convincing evidence is upon the petitioner, and a determination of incapacity shall be made before consideration of a proper disposition. (c) (1) If the respondent ward or proposed ward is found to be incapacitated, the court shall determine the extent of the incapacity and the feasibility of less restrictive alternatives to guardianship to meet the needs of the respondent. (2) If it is found that alternatives to guardianship are feasible and adequate to meet the needs of the respondent ward or proposed ward, the court may dismiss the action. (3) If it is found that the respondent ward or proposed ward is substantially without capacity to care for himself or herself or his or her estate, a guardian for the person or estate, or both shall be appointed.

Legislative History

Amended by Act 2021, No. 516,§ 3, eff. 7/28/2021. Acts 1985, No. 940, § 16; A.S.A. 1947, § 57-835.