§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]
Section: Previous 560-5-209 560-5-210 560-5-301 560-5-301-to-560-5-313 560-5-302 560-5-303 560-5-304 560-5-305 560-5-306 560-5-307 560-5-308 560-5-309 560-5-310 560-5-311 560-5-312 NextLast modified: October 27, 2016