§ 28-65-214 — Guardianship order

(a) A court order establishing a guardianship shall contain findings of fact that the respondent is an incapacitated person and is in need of a guardian for the person or estate, or both. The order may limit the power and duties of the guardian and may define the legal and civil rights retained by the incapacitated person. (b) If satisfied that a guardian should be appointed, the court shall appoint one (1) or two (2) general or limited guardians of the person or estate, or both, but not more than one (1) guardian of the person shall be appointed unless they are husband and wife. (c) The order shall specify the nature of the guardianship and the amount of the bond to be given. (d) If the court determines the guardians should be limited, the order shall set forth the specific powers, authorities, and duties the guardian shall possess, which may be stated in terms of powers or rights the incapacitated person may exercise without intervention of the guardian. (e) In defining the powers and duties of the guardian, the court shall consider the right of the incapacitated person to rely upon nonmedical remedial treatment in accordance with a recognized religious method of healing in lieu of medical care. (f) In cases involving minor children, the order may make provisions for visitation and child support as in other cases involving child custody.

Legislative History

Acts 1985, No. 940, §§ 16, 17; A.S.A. 1947, §§ 57-835, 57-836; Acts 2003, No. 760, § 1.