§ 15-14-309 — Notice

(1) A copy of a petition for guardianship and notice of the
hearing on the petition must be served personally on the respondent. The notice
must include a statement that the respondent must be physically present unless
excused by the court, inform the respondent of the respondent's rights at the
hearing, and include a description of the nature, purpose, and consequences of an
appointment. A failure to serve the respondent with a notice substantially
complying with this subsection (1) is jurisdictional and thus precludes the court
from granting the petition.

(2) In a proceeding to establish a guardianship, a copy of the petition for
guardianship and notice of the hearing meeting the requirements of subsection (1)
of this section must be given to the persons listed in the petition. Failure to give
notice under this subsection (2) is not jurisdictional and thus does not preclude the
appointment of a guardian or the making of a protective order.

(3) Notice of the hearing on a petition for an order after appointment of a
guardian, together with a copy of the petition, must be given to the ward, the
guardian, and any other person the court directs.

(4) A guardian shall give notice of the filing of the guardian's report,
together with a copy of the report, to the ward and any other person the court
directs. The notice must be delivered or sent within ten days after the filing of the
report.

Legislative History

Source: L. 2000: Entire part R&RE, p. 1795, � 1, effective January 1, 2001 (see � 15-17-103).