§ 15-14-311 — Findings - order of appointment

(1) The court may:

(a) Appoint a limited or unlimited guardian for a respondent only if it finds by
clear and convincing evidence that:

(I) The respondent is an incapacitated person; and

(II) The respondent's identified needs cannot be met by less restrictive
means, including use of appropriate and reasonably available technological
assistance; or

(b) With appropriate findings, treat the petition as one for a protective order
under section 15-14-401, enter any other appropriate order, or dismiss the
proceeding.

(2) The court, whenever feasible, shall grant to a guardian only those powers
necessitated by the ward's limitations and demonstrated needs and make
appointive and other orders that will encourage the development of the ward's
maximum self-reliance and independence.

(3) Within thirty days after an appointment, a guardian shall send or deliver
to the ward and to all other persons given notice of the hearing on the petition a
copy of the order of appointment, together with a notice of the right to request
termination or modification.

Legislative History

Source: L. 2000: Entire part R&RE, p. 1797, � 1, effective January 1, 2001 (see � 15-17-103).