§ 15-14-205 — Judicial appointment of guardian - procedure

(1) After a
petition for appointment of a guardian is filed, the court shall schedule a hearing,
and the petitioner shall give notice of the time and place of the hearing, together
with a copy of the petition, to:

(a) The minor, if the minor has attained twelve years of age and is not the
petitioner;

(b) Any person alleged to have had the primary care and custody of the
minor during the sixty days before the filing of the petition;

(c) Each living parent of the minor or, if there is none, the adult nearest in
kinship that can be found;

(d) Any person nominated as guardian by the minor if the minor has attained
twelve years of age;

(e) Any appointee of a parent or guardian whose appointment has not been
prevented or terminated under section 15-14-203 (1) or whose appointment was
consented to under section 15-14-203 (2); and

(f) Any guardian or conservator currently acting for the minor in this state or
elsewhere.

(2) The court, upon hearing, shall make the appointment if it finds that a
qualified person seeks appointment, venue is proper, the required notices have
been given, the conditions of section 15-14-204 (2) have been met, and the best
interest of the minor will be served by the appointment. In other cases, the court
may dismiss the proceeding or make any other disposition of the matter that will
serve the best interest of the minor.

(3) If the court determines at any stage of the proceeding, before or after
appointment, that the interests of the minor are or may be inadequately
represented, it may appoint a lawyer to represent the minor, giving consideration to
the choice of the minor if the minor has attained twelve years of age.

Legislative History

Source: L. 2000: Entire part R&RE, p. 1789, � 1, effective January 1, 2001 (see � 15-17-103); (1) amended, p. 294, � 12, effective January 1, 2001.