26-2A-105
Section 26-2A-105 Findings; order of appointment. (a) The court shall exercise the authority
conferred in this division so as to encourage the development of maximum self-reliance and
independence of the incapacitated person and make appointive and other orders only to the
extent necessitated by the incapacitated person's mental and adaptive limitations or other
conditions warranting the procedure. (b) The court may appoint a guardian as requested if
it is satisfied that the person for whom a guardian is sought is incapacitated and that the
appointment is necessary or desirable as a means of providing continuing care and supervision
of the person of the incapacitated person. The court, on appropriate findings, may (i) treat
the petition as one for a protective order under Section 26-2A-130 and proceed accordingly,
(ii) enter any other appropriate order, or (iii) dismiss the proceedings. (c) The court, at
the time of appointment or later, on its own motion or on appropriate petition or...
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26-2A-78
Section 26-2A-78 Powers and duties of guardian of minor. (a) A guardian of a minor ward has
the powers and responsibilities of a parent regarding the ward's health, support, education,
or maintenance, but a guardian is not personally liable for the ward's expenses and is not
liable to third persons by reason of the relationship for acts of the ward. (b) In particular
and without qualifying the foregoing, a guardian shall: (1) Become or remain personally acquainted
with the ward and maintain sufficient contact with the ward to know of the ward's capacities,
limitations, needs, opportunities, and physical and mental health; (2) Take reasonable care
of the ward's personal effects and commence protective proceedings if necessary to protect
other property of the ward; (3) Apply any available money of the ward to the ward's current
needs for health, support, education, or maintenance; (4) Conserve any excess money of the
ward for the ward's future needs, but if a conservator has been...
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12-15-314
Section 12-15-314 Dispositions for dependent children. (a) If a child is found to be dependent,
the juvenile court may make any of the following orders of disposition to protect the welfare
of the child: (1) Permit the child to remain with the parent, legal guardian, or other legal
custodian of the child, subject to conditions and limitations as the juvenile court may prescribe.
(2) Place the child under protective supervision under the Department of Human Resources.
(3) Transfer legal custody to any of the following: a. The Department of Human Resources.
b. A local public or private agency, organization, or facility willing and able to assume
the education, care, and maintenance of the child and which is licensed by the Department
of Human Resources or otherwise authorized by law to receive and provide care for the child.
c. A relative or other individual who, after study by the Department of Human Resources, is
found by the juvenile court to be qualified to receive and care for the...
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26-2A-102
Section 26-2A-102 Court appointment of guardian for incapacitated person. (a) Except as provided
by subsection (e), an incapacitated person or any person interested in the welfare of the
incapacitated person may petition for appointment of a limited or general guardian. (b) After
the filing of a petition, the court shall set a date for hearing on the issue of incapacity
so that notices may be given as required by Section 26-2A-103, and, unless the allegedly incapacitated
person is represented by counsel, appoint an attorney to represent the person in the proceeding.
The person so appointed may be granted the powers and duties of a guardian ad litem. The person
alleged to be incapacitated shall be examined by a physician or other qualified person appointed
by the court who shall submit a report in writing to the court. The person alleged to be incapacitated
also shall be interviewed by a court representative sent by the court. The court representative
also shall interview the person who...
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26-2A-107
Section 26-2A-107 Emergency orders; temporary guardians. (a) If an incapacitated person has
no guardian, an emergency exists, and no other person appears to have authority to act in
the circumstances, on appropriate petition the court, without notice, may appoint a temporary
guardian whose authority may not extend beyond 30 days and who may exercise those powers granted
in the order. (b) If the appointed guardian is not effectively performing duties and the court
further finds that the welfare of the incapacitated person requires immediate action, it may
appoint, with or without notice, a temporary guardian for the incapacitated person having
the powers of a general guardian for a specified period not to exceed six months. The authority
of any permanent guardian previously appointed by the court is suspended as long as a temporary
guardian has authority. (c) The court may remove a temporary guardian at any time. A temporary
guardian shall make any report and comply with any conditions...
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26-2A-110
Section 26-2A-110 Removal or resignation of guardian; termination of incapacity. (a) On petition
of the ward or any person interested in the ward's welfare, or on its own motion, the court,
after hearing, may remove a guardian if to do so is in the best interest of the ward. On petition
of the guardian, the court, after hearing, may accept a resignation. (b) An order adjudicating
incapacity may specify a minimum period, not exceeding one year, during which a petition for
an adjudication that the ward is no longer incapacitated may not be filed without special
leave. Subject to that restriction, the ward or any person interested in the welfare of the
ward may petition for an order that the ward is no longer incapacitated and for termination
of the guardianship. A request for an order may also be made informally to the court and any
person who knowingly interferes with transmission of the request may be adjudged guilty of
contempt of court. (c) Upon removal, resignation, or death of the...
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26-2B-203
Section 26-2B-203 Jurisdiction. (a) A court of this state has jurisdiction to appoint a guardian
or issue a protective order for a respondent if: (1) this state is the respondent's home state;
(2) on the date the petition is filed, this state is a significant-connection state and: (A)
the respondent does not have a home state or a court of the respondent's home state has declined
to exercise jurisdiction because this state is a more appropriate forum; or (B) the respondent
has a home state, a petition for an appointment or order is not pending in a court of that
state or another significant-connection state and before the court makes the appointment or
issues the order: (i) a petition for an appointment or order is not filed in the respondent's
home state; (ii) an objection to the court's jurisdiction is not filed by a person required
to be notified of the proceeding; and (iii) the court in this state concludes that it is an
appropriate forum under the factors set forth in Section...
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38-9-6
Section 38-9-6 Protective placement or other protective services. (a) An interested person
may petition the court to order protective placement or other protective services for an adult
in need of protective services. No protective placement or other protective services may be
ordered unless there is a determination by the court that the person is unable to provide
for his or her own protection from abuse, neglect, exploitation, sexual abuse, or emotional
abuse. Upon a petition, setting forth the facts and name, age, sex, and residence of the person,
the court of the circuit in which the person resides shall appoint a day, not more than 30
days from the filing of the petition, for the hearing on the petition. If, on the hearing
of a petition, the person is not represented by counsel, the court shall appoint a guardian
ad litem to represent him or her. A jury of six persons shall be impanelled for the hearing
to serve as the trier of facts. (b) Costs of court proceedings under this...
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26-2A-153
Section 26-2A-153 Distributive duties and powers of conservator. (a) A conservator may expend
or distribute income or principal of the estate without court authorization or confirmation
for the health, support, education, or maintenance of the protected person and dependents
in accordance with the following principles: (1) The conservator shall consider recommendations
relating to the appropriate standard of support, education, and benefit for the protected
person or dependents made by a parent or guardian, if any. The conservator may not be surcharged
for sums paid to persons or organizations furnishing support, education, or maintenance to
the protected person or a dependent pursuant to the recommendations of a parent or guardian
of the protected person unless the conservator knows that the parent or guardian derives personal
financial benefit therefrom, including relief from any personal duty of support, or the recommendations
are clearly not in the best interest of the protected...
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45-49-85.60
Section 45-49-85.60 General and equity jurisdiction of probate courts; powers and authority
of judges of probate; procedures in administration of estates. (a) That the probate courts
in all counties of this state which now have or may hereafter have a population of over 300,000
and less than 500,000, according to the last or any subsequent federal census, shall have
general and equity jurisdiction concurrent with that of the circuit courts of this state,
in the administration of the estates of deceased persons, minors, the developmentally disabled,
insane, incapacitated, protected or incompetent persons, or the like, and testamentary trust
estates. The jurisdiction granted by this section shall be conferred without the necessity
of the same being invoked in any estate proceeding and may be exercised at the discretion
of the court. (b)(1) That the judges of the probate courts shall have the same powers and
authority which judges of the circuit courts of this state have in connection...
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