14-5303. Procedure for court appointment of a
guardian of an alleged incapacitated person
A. The alleged incapacitated person or any person interested in that person's
affairs or welfare may petition for the appointment of a guardian or for any other
appropriate protective order.
B. The petition shall contain a statement that the authority granted to the
guardian may include the authority to withhold or withdraw life sustaining treatment,
including artificial food and fluid, and shall state, to the extent known:
1. The interest of the petitioner.
2. The name, age, residence and address of the alleged incapacitated person.
3. The name, address and priority for appointment of the person whose appointment
is sought.
4. The name and address of the conservator, if any, of the alleged incapacitated
person.
5. The name and address of the nearest relative of the alleged incapacitated person
known to the petitioner.
6. A general statement of the property of the alleged incapacitated person, with an
estimate of its value and including any compensation, insurance, pension or allowance to
which the person is entitled.
7. The reason why appointment of a guardian or any other protective order is
necessary.
8. The type of guardianship requested. If a general guardianship is requested, the
petition must state that other alternatives have been explored and why a limited
guardianship is not appropriate. If a limited guardianship is requested, the petition
also must state what specific powers are requested.
C. On the filing of a petition, the court shall set a hearing date on the issues of
incapacity. Unless the alleged incapacitated person is represented by independent
counsel, the court shall appoint an attorney to represent that person in the
proceeding. The alleged incapacitated person shall be interviewed by an investigator
appointed by the court and shall be examined by a physician, psychologist or registered
nurse appointed by the court. The investigator and the person conducting the
examination shall submit their reports in writing to the court. In addition to
information required under subsection D, the court may direct that either report include
other information the court deems appropriate. The investigator also shall interview the
person seeking appointment as guardian, visit the present place of abode of the alleged
incapacitated person and the place where it is proposed that the person will be detained
or reside if the requested appointment is made and submit a report in writing to the
court. The alleged incapacitated person is entitled to be present at the hearing and to
see or hear all evidence bearing on that person's condition. The alleged incapacitated
person is entitled to be represented by counsel, to present evidence, to cross-examine
witnesses, including the court-appointed examiner and investigator, and to trial by
jury. The court may determine the issue at a closed hearing if the alleged incapacitated
person or that person's counsel so requests.
D. A report filed pursuant to this section by a physician, psychologist or
registered nurse acting within that person's scope of practice shall include the
following information:
1. A specific description of the physical, psychiatric or psychological diagnosis
of the person.
2. A comprehensive assessment listing any functional impairments of the alleged
incapacitated person and an explanation of how and to what extent these functional
impairments may prevent that person from receiving or evaluating information in making
decisions or in communicating informed decisions regarding that person.
3. An analysis of the tasks of daily living the alleged incapacitated person is
capable of performing without direction or with minimal direction.
4. A list of all medications the alleged incapacitated person is receiving, the
dosage of the medications and a description of the effects each medication has on the
person's behavior to the best of the declarant's knowledge.
5. A prognosis for improvement in the alleged incapacitated person's condition and
a recommendation for the most appropriate rehabilitation plan or care plan.
6. Other information the physician, psychologist or registered nurse deems
appropriate.
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