§560:5-305  Judicial appointment of
guardian; preliminaries to hearing.  (a)  Upon receipt of a petition to
establish a guardianship, the applicable court shall set a date and time for
hearing the petition and may appoint a kokua kanawai.  The duties and reporting
requirements of the kokua kanawai shall be limited to the relief requested in
the petition.  The kokua kanawai shall be an individual having the training or
experience that the court deems appropriate.



(b)  The court shall appoint a lawyer to represent
the respondent in the proceeding if:



(1)  Requested by the respondent;



(2)  Recommended by the kokua kanawai; or



(3)  The court determines that the respondent needs
representation.



(c)  Unless otherwise ordered by the court for
good cause shown, the kokua kanawai shall interview the respondent in person
and, to the extent that the respondent is able to understand:



(1)  Explain to the respondent the substance of the
petition, the nature, purpose, and effect of the proceeding, the respondent's
rights at the hearing, and the general powers and duties of a guardian;



(2)  Determine the respondent's views about the
proposed guardian, the proposed guardian's powers and duties, and the scope and
duration of the proposed guardianship;



(3)  Inform the respondent of the right to employ and
consult with a lawyer at the respondent's own expense and the right to request
a court-appointed lawyer; and



(4)  Inform the respondent that all costs and expenses
of the proceeding, including respondent's attorney's fees, will be paid from
the respondent's estate.



(d)  In addition to the duties imposed by
subsection (c), the kokua kanawai shall:



(1)  Interview the petitioner and the proposed
guardian;



(2)  Visit the respondent's present dwelling, unless
otherwise ordered by the court for good cause shown, and visit any dwelling in
which the respondent will live if the appointment is made;



(3)  Obtain information from any physician or other
person who is known to have treated, advised, or assessed the respondent's
relevant physical or mental condition; and



(4)  Make any other investigation the court directs.



(e)  The kokua kanawai shall promptly file a
report in writing with the court, which shall include:



(1)  A recommendation as to whether a lawyer should be
appointed to represent the respondent;



(2)  A summary of daily functions the respondent can
manage without assistance, could manage with the assistance of supportive
services or benefits, including use of appropriate technological assistance,
and cannot manage;



(3)  Recommendations regarding the appropriateness of
guardianship, including as to whether less restrictive means of intervention
are available, the type of guardianship, and, if a limited guardianship, the
powers to be granted to the limited guardian;



(4)  A statement of the qualifications of the proposed
guardian, together with a statement as to whether the respondent approves or
disapproves of the proposed guardian, and the powers and duties proposed or the
scope of the guardianship;



(5)  A statement as to whether the proposed dwelling
meets the respondent's individual needs;



(6)  A recommendation as to whether a professional
evaluation or further evaluation is necessary; and



(7)  Any other matters the court directs. [L 2004, c
161, pt of §1; am L 2008, c 39, §3]