§560:5-406  Original petition; preliminaries
to hearing.  (a)  Upon the filing of a petition for a conservatorship or
other protective order for a respondent for reasons other than being a minor,
the court shall set a date for hearing.  The court 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 such 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 and the nature, purpose, and effect of the proceeding;



(2)  If the appointment of a conservator is requested,
inform the respondent of the general powers and duties of a conservator and
determine the respondent's views regarding the proposed conservator, the
proposed conservator's powers and duties, and the scope and duration of the
proposed conservatorship;



(3)  Inform the respondent of the respondent's rights,
including the right to employ or request that the court appoint a lawyer to
consult with a lawyer at the respondent's own expense; 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 unless the court otherwise directs.



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



(1)  Interview the petitioner and the proposed
conservator, if any; and



(2)  Make any other investigation the court directs.



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



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



(2)  Recommendations regarding the appropriateness of
a conservatorship, including whether less restrictive means of intervention are
available, the type of conservatorship, and, if a limited conservatorship, the
powers and duties to be granted the limited conservator, and the assets over
which the conservator should be granted authority;



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



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



(5)  Any other matters the court directs.



(f)  The court may also appoint a physician,
psychologist, or other individual qualified to evaluate the alleged impairment
to conduct an examination of the respondent.



(g)  While a petition to establish a
conservatorship or for another protective order is pending, after preliminary
hearing and without notice to others, the court may issue orders to preserve
and apply the property of the respondent as may be required for the support of
the respondent or individuals who are in fact dependent upon the respondent. 
The court may appoint a special conservator to assist in that task. [L 2004, c
161, pt of §1; am L 2008, c 39, §6]