§ 15-14-403 — Original petition for appointment or protective order

(1) The
following may petition for the appointment of a conservator or for any other
appropriate protective order:

(a) The person to be protected;

(b) An individual interested in the estate, affairs, or welfare of the person to
be protected, including a parent, guardian, or custodian; or

(c) A person who would be adversely affected by lack of effective
management of the property and business affairs of the person to be protected.

(2) A petition under subsection (1) of this section must set forth the
petitioner's name, residence, current address if different, relationship to the
respondent, and interest in the appointment or other protective order, and, to the
extent known, state or contain the following with respect to the respondent and the
relief requested:

(a) The respondent's name, age, principal residence, current street address,
and, if different, the address of the dwelling where it is proposed that the
respondent will reside if the appointment is made;

(b) If the petition alleges impairment in the respondent's ability to effectively
receive and evaluate information, a brief description of the nature and extent of the
respondent's alleged impairment;

(c) If the petition alleges that the respondent is missing, detained, or unable
to return to the United States, a statement of the relevant circumstances, including
the time and nature of the disappearance or detention and a description of any
search or inquiry concerning the respondent's whereabouts;

(d) (I) The name and address of the respondent's:

(A) Spouse or, if the respondent has none, an adult with whom the
respondent has resided for more than six months within one year before the filing
of the petition; and

(B) Adult children and parents; or

(II) If the respondent has neither spouse, adult child, nor parent, at least one
of the adults nearest in kinship to the respondent who can be found with reasonable
efforts;

(e) The name and address of each person responsible for care or custody of
the respondent, including the respondent's treating physician;

(f) The name and address of each legal representative of the respondent;

(g) A general statement of the respondent's property with an estimate of its
value, including any insurance or pension, and the source and amount of other
anticipated income or receipts; and

(h) The reason why a conservatorship or other protective order is in the best
interest of the respondent.

(3) If a conservatorship is requested, the petition must also set forth to the
extent known:

(a) The name and address of each proposed conservator and the reason why
the proposed conservator should be selected;

(b) The name and address of each person nominated as conservator by the
respondent if the respondent has attained twelve years of age; and

(c) The type of conservatorship requested and, if an unlimited
conservatorship, the reason why limited conservatorship is inappropriate or, if a
limited conservatorship, the property to be placed under the conservator's control
and any limitation on the conservator's powers and duties.

Legislative History

Source: L. 2000: Entire part R&RE, p. 1803, � 1, effective January 1, 2001 (see � 15-17-103).