14-5308

14-5308. Court appointed investigators;
qualifications; duties

A. An investigator appointed by the court under sections 14-5303 and 14-5407 shall
have a background in law, nursing or social work and shall have no personal interest in
the proceedings.

B. The investigator shall conduct an investigation before the court appoints a
guardian or a conservator to allow the court to determine the appropriateness of that
appointment. As directed by the court, the investigator shall conduct additional
investigations to determine if it is necessary to continue the appointment.

C. In conducting investigations the investigator shall:

1. Interview the alleged incapacitated person or the protected person and the
proposed guardian or conservator.

2. Visit the alleged incapacitated person's or the protected person's current or
proposed place of residence.

3. Interview nursing home or care home care givers and the home's manager or
administrator.

4. Transport the alleged incapacitated person or the protected person as directed
by the court.

D. In conducting interviews under this section the investigator may examine any
court record, medical record or financial record that relates to the investigation.

E. As a condition of appointment as an investigator the court shall require the
applicant to furnish a full set of fingerprints to enable the court to conduct a criminal
background investigation to determine the applicant's suitability. The court shall
submit the completed fingerprint card to the department of public safety. The department
shall provide the applicant's criminal history record information to the court pursuant
to section 41-1750. The department of public safety shall conduct criminal history
records checks pursuant to section 41-1750 and applicable federal law. The department of
public safety is authorized to submit fingerprint card information to the federal bureau
of investigation for a national criminal history records check.