(a) At the hearing, the respondent shall have the right to:
(1) Be represented by counsel;
(2) Present evidence on his or her own behalf;
(3) Cross-examine adverse witnesses;
(4) Remain silent;
(5) Be present; and
(6) Require the attendance by subpoena of one (1) or more of the professionals who prepared the evaluation.
(b) The burden of proof by clear and convincing evidence is upon the petitioner, and a determination of incapacity shall be made before consideration of a proper disposition.
(c) (1) If the respondent is found to be incapacitated, the court shall determine the extent of the incapacity and the feasibility of less restrictive alternatives to guardianship to meet the needs of the respondent.
(2) If it is found that alternatives to guardianship are feasible and adequate to meet the needs of the respondent, the court may dismiss the action.
(3) If it is found that the respondent is substantially without capacity to care for himself or herself or his or her estate, a guardian for the person or estate, or both shall be appointed.
Section: Previous 28-65-206 28-65-207 28-65-208 28-65-209 28-65-210 28-65-211 28-65-212 28-65-213 28-65-214 28-65-215 28-65-216 28-65-217 28-65-218 28-65-219 28-65-220 NextLast modified: November 15, 2016