14-5407. Procedure concerning hearing and
order on original petition


A. On the filing of a petition for appointment of a conservator or any other
protective order because of minority, the court shall set a hearing date on the matters
alleged in the petition. If, at any time in the proceeding, the court determines that
the interests of the minor are or may be inadequately represented, it shall appoint an
attorney to represent the minor. If the minor is at least fourteen years of age the
court shall consider the choice of the minor.


B. On the filing of a petition for appointment of a conservator or any other
protective order for reasons other than minority, the court shall set a hearing date.
Unless the person to be protected has counsel of his own choice, the court shall appoint
an attorney to represent him. If the alleged disability is mental illness, mental
deficiency, mental disorder, physical illness or disability, chronic use of drugs, or
chronic intoxication, the court shall appoint an investigator to interview the person to
be protected. On petition by an interested person or on the court's own motion, the
court may direct that an appropriate medical or psychological evaluation of the person be
conducted. The investigator and the person conducting the medical or psychological
evaluation shall submit written reports to the court before the hearing date.


C. In any case where the veterans administration is or may be an interested party,
a certificate of an authorized official of the veterans administration that the person
allegedly in need of protection has been found incapable of handling the benefits
payable, on examination in accordance with the laws and regulations governing the
veterans administration, is prima facie evidence of the necessity for appointment of a
conservator.


D. The person allegedly in need of protection is entitled to be present at the
hearing, to be represented by counsel, to present evidence and to cross-examine
witnesses, including any court appointed examiner and investigator. The issue may be
determined at a closed hearing if the person allegedly in need of protection or that
person's counsel so requests.


E. After the hearing, upon a finding that a basis for the appointment of a
conservator or any other protective order has been established, the court shall make an
appointment or other appropriate protective order.