§ 15-14-305 — Preliminaries to hearing

(1) Upon receipt of a petition to
establish a guardianship, the court shall set a date and time for hearing the petition
and appoint a visitor. The duties and reporting requirements of the visitor are
limited to the relief requested in the petition. The visitor must be a person who has
such training as the court deems appropriate.

(2) The court shall appoint a lawyer to represent the respondent in the
proceeding if:

(a) Requested by the respondent;

(b) Recommended by the visitor; or

(c) The court determines that the respondent needs representation.

(3) The visitor shall interview the respondent in person and, to the extent
that the respondent is able to understand:

(a) Explain to the respondent the substance of the petition, the nature,
purpose, and effect of the proceeding, the respondent's rights at the hearing, and
the general powers and duties of a guardian;

(b) Determine the respondent's views about the proposed guardian, the
proposed guardian's powers and duties, and the scope and duration of the proposed
guardianship;

(c) Inform the respondent of the right to employ and consult with a lawyer at
the respondent's own expense and the right to request a court-appointed lawyer;
and

(d) Inform the respondent that all costs and expenses of the proceeding,
including respondent's attorney fees, will be paid from the respondent's estate
unless the court directs otherwise.

(4) In addition to the duties imposed by subsection (3) of this section, the
visitor shall:

(a) Interview the petitioner and the proposed guardian;

(b) Visit the respondent's present dwelling and any dwelling in which the
respondent will live, if known, if the appointment is made;

(c) Obtain information from any physician or other person who is known to
have treated, advised, or assessed the respondent's relevant physical or mental
condition; and

(d) Make any other investigation the court directs.

(5) The visitor shall promptly file a report in writing with the court, which
must include:

(a) A recommendation as to whether a lawyer should be appointed to
represent the respondent and whether a guardian ad litem should be appointed to
represent the respondent's best interest;

(b) A summary of daily functions the respondent can manage without
assistance, could manage with the assistance of supportive services or benefits,
including use of appropriate technological assistance, and cannot manage;

(c) Recommendations regarding the appropriateness of guardianship,
including whether less restrictive means of intervention are available, the type of
guardianship, and, if a limited guardianship, the powers to be granted to the limited
guardian;

(d) A statement of the qualifications of the proposed guardian, together with
a statement as to whether the respondent approves or disapproves of:

(I) The proposed guardian;

(II) The powers and duties proposed; and

(III) The scope of the guardianship;

(e) A statement as to whether the proposed dwelling meets the respondent's
individual needs;

(f) A recommendation as to whether a professional evaluation or further
evaluation is necessary; and

(g) Any other matters the court directs.

Legislative History

Source: L. 2000: Entire part R&RE, p. 1793, � 1, effective January 1, 2001 (see � 15-17-103).