§ 33-15-7 Guardians ad litem – Duties– Legally incapacitated respondents right to counsel – Termination ofappointment of guardian ad litem. – (a) Upon filing with the probate court clerk of a petition for the appointmentof a guardian, a guardian ad litem shall be appointed for each respondent onlyin the proceeding for guardianship of an adult.
(b) The guardian ad litem need not be an attorney but shallhave sufficient experience and/or training in dealing with elderly persons andpersons with incapacities and/or disabilities and understanding of his or herrole as guardian ad litem to be able to properly discharge such duties undersubsection (c) below. Each probate court shall maintain a list of personsdeemed qualified to serve as a guardian ad litem and shall appoint from thatlist on a rotating basis. Any guardian ad litem appointed for a respondentshall be ineligible to serve as legal counsel, temporary guardian or permanentguardian for that respondent.
(c) The duties of a guardian ad litem shall include all ofthe following:
(1) Personally visiting the respondent;
(2) Explaining to the respondent the nature, purpose, andlegal effect of the appointment of a guardian;
(3) Explaining to the respondent the hearing procedure,including, but not limited to, the right to contest the petition, to requestlimits on the guardian's powers, to object to a particular person beingappointed guardian, to be present at the hearing, and to be represented bylegal counsel;
(4) Informing the respondent of the name of the person knownto be seeking appointment as guardian;
(5) Reviewing the decision making assessment tool(s),petition for guardianship/limited guardianship, and the notice;
(6) Interviewing the prospective guardian by telephone or inperson; and
(7) Making determinations, and informing the court of thosedeterminations, on all of the following:
(i) Whether the respondent wishes to be present at thehearing.
(ii) Whether the respondent wishes to contest the petition.
(iii) Whether the respondent wishes limits placed on theguardian's powers; and
(iv) Whether the respondent objects to a particular personbeing appointed guardian;
(v) Whether the respondent wishes to be represented by legalcounsel.
Unless waived by the court, at least three (3) days prior tothe hearing, the guardian ad litem shall file a report substantially in theform as set forth in § 33-15-47 with the court and shall mail or handdeliver a copy to each attorney of record.
(d) If the respondent wishes to contest the petition, to havelimits placed on the guardian's powers, or to object to a particular personbeing appointed guardian, and, if legal counsel has not been secured, the courtshall appoint legal counsel.
(e) If the respondent requests legal counsel, or if theguardian ad litem determines it is in the best interest of the respondent tohave legal counsel, and if legal counsel has not been secured, the court shallappoint legal counsel.
(f) If the respondent has legal counsel independently orappointed pursuant to subsection (d) or (e), the appointment of a guardian adlitem shall terminate except insofar as informing the court of the respondent'swishes and objections determined pursuant to subsection (c) above.
(g) The guardian ad litem shall not interfere with interestedparties and their counsel in gathering and presenting evidence according tocourt orders and rules of discovery and evidence. The guardian ad litem may becalled and confronted as a witness regarding his or her conclusions assubmitted by report and the extent of his or her personal knowledge concerningthe respondent.
(h) Court awarded guardian ad litem fees shall not exceedfour hundred dollars ($400) which shall be paid by the petitioner forguardianship if a permanent guardian is not appointed for the respondent or bythe guardian of the ward's estate if a permanent guardian is appointed. Thecourt has discretion to award guardian ad litem fees in excess of the cap ifthe circumstances warrant.
§ 33-15-7 Guardians ad litem – Duties– Legally incapacitated respondents right to counsel – Termination ofappointment of guardian ad litem. – (a) Upon filing with the probate court clerk of a petition for the appointmentof a guardian, a guardian ad litem shall be appointed for each respondent onlyin the proceeding for guardianship of an adult.
(b) The guardian ad litem need not be an attorney but shallhave sufficient experience and/or training in dealing with elderly persons andpersons with incapacities and/or disabilities and understanding of his or herrole as guardian ad litem to be able to properly discharge such duties undersubsection (c) below. Each probate court shall maintain a list of personsdeemed qualified to serve as a guardian ad litem and shall appoint from thatlist on a rotating basis. Any guardian ad litem appointed for a respondentshall be ineligible to serve as legal counsel, temporary guardian or permanentguardian for that respondent.
(c) The duties of a guardian ad litem shall include all ofthe following:
(1) Personally visiting the respondent;
(2) Explaining to the respondent the nature, purpose, andlegal effect of the appointment of a guardian;
(3) Explaining to the respondent the hearing procedure,including, but not limited to, the right to contest the petition, to requestlimits on the guardian's powers, to object to a particular person beingappointed guardian, to be present at the hearing, and to be represented bylegal counsel;
(4) Informing the respondent of the name of the person knownto be seeking appointment as guardian;
(5) Reviewing the decision making assessment tool(s),petition for guardianship/limited guardianship, and the notice;
(6) Interviewing the prospective guardian by telephone or inperson; and
(7) Making determinations, and informing the court of thosedeterminations, on all of the following:
(i) Whether the respondent wishes to be present at thehearing.
(ii) Whether the respondent wishes to contest the petition.
(iii) Whether the respondent wishes limits placed on theguardian's powers; and
(iv) Whether the respondent objects to a particular personbeing appointed guardian;
(v) Whether the respondent wishes to be represented by legalcounsel.
Unless waived by the court, at least three (3) days prior tothe hearing, the guardian ad litem shall file a report substantially in theform as set forth in § 33-15-47 with the court and shall mail or handdeliver a copy to each attorney of record.
(d) If the respondent wishes to contest the petition, to havelimits placed on the guardian's powers, or to object to a particular personbeing appointed guardian, and, if legal counsel has not been secured, the courtshall appoint legal counsel.
(e) If the respondent requests legal counsel, or if theguardian ad litem determines it is in the best interest of the respondent tohave legal counsel, and if legal counsel has not been secured, the court shallappoint legal counsel.
(f) If the respondent has legal counsel independently orappointed pursuant to subsection (d) or (e), the appointment of a guardian adlitem shall terminate except insofar as informing the court of the respondent'swishes and objections determined pursuant to subsection (c) above.
(g) The guardian ad litem shall not interfere with interestedparties and their counsel in gathering and presenting evidence according tocourt orders and rules of discovery and evidence. The guardian ad litem may becalled and confronted as a witness regarding his or her conclusions assubmitted by report and the extent of his or her personal knowledge concerningthe respondent.
(h) Court awarded guardian ad litem fees shall not exceedfour hundred dollars ($400) which shall be paid by the petitioner forguardianship if a permanent guardian is not appointed for the respondent or bythe guardian of the ward's estate if a permanent guardian is appointed. Thecourt has discretion to award guardian ad litem fees in excess of the cap ifthe circumstances warrant.
§ 33-15-7 Guardians ad litem – Duties– Legally incapacitated respondents right to counsel – Termination ofappointment of guardian ad litem. – (a) Upon filing with the probate court clerk of a petition for the appointmentof a guardian, a guardian ad litem shall be appointed for each respondent onlyin the proceeding for guardianship of an adult.
(b) The guardian ad litem need not be an attorney but shallhave sufficient experience and/or training in dealing with elderly persons andpersons with incapacities and/or disabilities and understanding of his or herrole as guardian ad litem to be able to properly discharge such duties undersubsection (c) below. Each probate court shall maintain a list of personsdeemed qualified to serve as a guardian ad litem and shall appoint from thatlist on a rotating basis. Any guardian ad litem appointed for a respondentshall be ineligible to serve as legal counsel, temporary guardian or permanentguardian for that respondent.
(c) The duties of a guardian ad litem shall include all ofthe following:
(1) Personally visiting the respondent;
(2) Explaining to the respondent the nature, purpose, andlegal effect of the appointment of a guardian;
(3) Explaining to the respondent the hearing procedure,including, but not limited to, the right to contest the petition, to requestlimits on the guardian's powers, to object to a particular person beingappointed guardian, to be present at the hearing, and to be represented bylegal counsel;
(4) Informing the respondent of the name of the person knownto be seeking appointment as guardian;
(5) Reviewing the decision making assessment tool(s),petition for guardianship/limited guardianship, and the notice;
(6) Interviewing the prospective guardian by telephone or inperson; and
(7) Making determinations, and informing the court of thosedeterminations, on all of the following:
(i) Whether the respondent wishes to be present at thehearing.
(ii) Whether the respondent wishes to contest the petition.
(iii) Whether the respondent wishes limits placed on theguardian's powers; and
(iv) Whether the respondent objects to a particular personbeing appointed guardian;
(v) Whether the respondent wishes to be represented by legalcounsel.
Unless waived by the court, at least three (3) days prior tothe hearing, the guardian ad litem shall file a report substantially in theform as set forth in § 33-15-47 with the court and shall mail or handdeliver a copy to each attorney of record.
(d) If the respondent wishes to contest the petition, to havelimits placed on the guardian's powers, or to object to a particular personbeing appointed guardian, and, if legal counsel has not been secured, the courtshall appoint legal counsel.
(e) If the respondent requests legal counsel, or if theguardian ad litem determines it is in the best interest of the respondent tohave legal counsel, and if legal counsel has not been secured, the court shallappoint legal counsel.
(f) If the respondent has legal counsel independently orappointed pursuant to subsection (d) or (e), the appointment of a guardian adlitem shall terminate except insofar as informing the court of the respondent'swishes and objections determined pursuant to subsection (c) above.
(g) The guardian ad litem shall not interfere with interestedparties and their counsel in gathering and presenting evidence according tocourt orders and rules of discovery and evidence. The guardian ad litem may becalled and confronted as a witness regarding his or her conclusions assubmitted by report and the extent of his or her personal knowledge concerningthe respondent.
(h) Court awarded guardian ad litem fees shall not exceedfour hundred dollars ($400) which shall be paid by the petitioner forguardianship if a permanent guardian is not appointed for the respondent or bythe guardian of the ward's estate if a permanent guardian is appointed. Thecourt has discretion to award guardian ad litem fees in excess of the cap ifthe circumstances warrant.
