§560:5-304 - Judicial appointment of guardian; petition.
§560:5-304 Judicial appointment of
guardian; petition. (a) An individual or a person interested in the
individual's welfare may petition for a determination of incapacity, in whole
or in part, and for the appointment of a limited or unlimited guardian for the
individual.
(b) The petition shall set forth the
petitioner's name, residence, current address if different, relationship to the
respondent, and interest in the appointment and, to the extent known, state or
contain the following with respect to the respondent and the relief requested:
(1) The respondent's name, age, principal residence,
current street address, and, if different, the address of the dwelling in which
it is proposed that the respondent will reside if the appointment is made;
(2) The name and address of the respondent's:
(A) Spouse or reciprocal beneficiary, or if
the respondent has none, an adult with whom the respondent has resided for more
than six months before the filing of the petition; and
(B) Adult children or, if the respondent has
none, the respondent's parents and adult siblings, or if the respondent has
none, at least one of the adults nearest in kinship to the respondent who can
be found;
(3) The name and address of any person responsible
for care or custody of the respondent;
(4) The name and address of any legal representative
of the respondent;
(5) The name and address of any person nominated as
guardian by the respondent;
(6) The name and address of any agent appointed by
the respondent under any medical directive, mental health care directive, or
health care power of attorney, or, if none, any designated surrogate under
section 327E‑5(f);
(7) The name and address of any proposed guardian and
the reason why the proposed guardian should be selected;
(8) The reason why guardianship is necessary,
including a brief description of the nature and extent of the respondent's
alleged incapacity;
(9) If an unlimited guardianship is requested, the
reason why limited guardianship is inappropriate and, if a limited guardianship
is requested, the powers to be granted to the limited guardian; and
(10) 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 any other anticipated income or receipts. [L 2004, c 161,
pt of §1 as amended by c 224, §4]