§ 30-3-110 — Notice of hearing.

A. The court shall cause notice to be served of the time and place of the hearing on the petition requesting the appointment of a guardian for an incapacitated or partially incapacitated person on: 1. The subject of the proceeding; and 2. The following persons, other than the petitioner, who are known to the petitioner or whose existence and address can be ascertained by the petitioner with reasonably diligent efforts: a. the spouse, if any, of the subject of the proceeding, b. the attorney, if any, of the subject of the proceeding, c. all adult children of the subject of the proceeding, d. if there is no such adult child, the then living parent or parents of the subject of the proceeding, or e. if there is no such parent, all adult brothers and sisters of the subject of the proceeding, and all adult children of any deceased brothers or sisters of the subject of the proceeding, and all adult grandchildren of the subject of the proceeding; 3. In case no person listed in paragraph 2 of this subsection is given notice, notice shall be given to at least one and not more than three of the nearest adult relatives of the subject of the proceeding who are known to the petitioner or whose existence and address can be ascertained with reasonably diligent efforts; 4. If not the petitioner, any person or organization which, in the petition, is proposed to serve as guardian or limited guardian or, to the extent such nomination is known to the petitioner, who is nominated by will or other writing to serve as guardian or limited guardian; 5. To the extent known to the petitioner: a. the person or facility having care or custody of the subject of the proceeding, and b. the Department of Human Services or the Department of Mental Health and Substance Abuse Services, if the Departments are providing services to the subject of the proceeding; 6. As appropriate, the Secretary of the United States Department of Veterans Affairs if the subject of the proceeding is a veteran and is reasonably believed to be eligible for or in receipt of benefits or services from the Department; and 7. Any other person as directed by the court. B. A copy of the pleading which gave rise to the notice shall be attached to any notice served pursuant to this section. C. Except for actions appointing a special guardian pursuant to Section 3-115 of this title: 1. Notice shall be served personally on the individual who is the subject of the proceeding at least ten (10) days before the time set for hearing. Such personal service may be made by the attorney for the petitioner, sheriff, or licensed process server. The person making such services shall make proper return thereof; and 2. Notice to other persons entitled to notice of a hearing on the original petition requesting the appointment of a guardian shall be mailed by regular first-class mail at least ten (10) days before the time set for the hearing. Such service by mail may be made by the court clerk, deputy court clerk or attorney for the petitioner. D. The notice to the subject of the proceeding shall set forth the date, time, place, and purpose of the hearing to which the notice refers. Such notice shall be substantially in the following form: NOTICE OF HEARING TO: _______________________________________ (Name of subject of proceeding) Service Address ________________________________ You are hereby notified that a petition has been filed alleging that you are an __ incapacitated, __ partially incapacitated person and are incapable of __ caring for yourself, __ managing your property. The petition requests that a __ guardian, __ limited guardian be appointed by the court to make decisions for you regarding __ yourself, __ your property. A copy of the petition is attached. The hearing on the petition will be held on ____________________________________________________________. (date, time and place of the hearing) At the hearing a ( ) guardian, ( ) limited guardian may be appointed for your ( ) person, ( ) property. The judge will explain to you the nature, purpose and effect of the proceedings. You have the right to attend the hearing. You may confront and cross-examine all witnesses and present your own witnesses. You have the right to request that your hearing be closed to the public. You may request that an expert be appointed to examine you and if the judge believes that an examination is necessary, the judge will order an evaluation to be done. You have the right to hire an attorney of your choice to represent you. If you do not have an attorney and you wish to be represented by an attorney at the hearing, the court will appoint one for you. You may request the appointment of an attorney orally or in writing prior to the hearing or at the hearing. If you are able, you will be required to pay the cost of an attorney appointed by the court.

Legislative History

Added by Laws 1988, c. 329, § 47, eff. Dec. 1, 1988. Amended by Laws 1989, c. 319, § 1, eff. Nov. 1, 1989; Laws 1990, c. 323, § 33, operative July 1, 1990; Laws 1991, c. 335, § 10, emerg. eff. June 15, 1991; Laws 2016, c. 320, § 2, eff. Nov. 1, 2016; Laws 2019, c. 23, § 8, emerg. eff. April 4, 2019. NOTE: Laws 1989, c. 270, § 1 repealed by Laws 1990, c. 51, § 146, emerg. eff. April 9, 1990, and Laws 1990, c. 323, § 80, operative July 1, 1990. Laws 1990, c. 51, § 21 repealed by Laws 1991, c. 335, § 36, emerg. eff. June 15, 1991.