59-30,146.

605 words·~3 min read·/ks/chapter-59/59-30-46

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

59-30,146. Examination and evaluation.

(a)Upon the filing of the petition or any other time at or before the hearing, if the contents of the petition or evidence at the hearing support a prima facie case of the need for a guardian, the court shall order an examination and evaluation of the respondent to be conducted through a general hospital, psychiatric hospital, community mental health center, community developmental disability organization or by a licensed physician, psychiatrist, psychologist, physician assistant, nurse practitioner, social worker or other professional appointed by the court who is qualified to evaluate the respondent's alleged cognitive and functional abilities and limitations and will not be advantaged or disadvantaged by a decision to grant the petition or otherwise have a conflict of interest.

(b)Unless otherwise specified by the court, the report of the examination and evaluation submitted to the court shall contain:

(1)The respondent's name, age and date of birth;

(2)a description of the respondent's physical and mental condition;

(3)a description of the nature and extent of the respondent's cognitive and functional abilities and limitations, including adaptive behaviors and social skills, and, as appropriate, educational and developmental potential;

(4)a summary of self-care and independent-living tasks the respondent can manage without assistance or with existing supports, could manage with the assistance of appropriate supportive services, technological assistance or supported decision making, and cannot manage;

(5)a prognosis for any improvement and, as appropriate, any recommendation for treatment or rehabilitation;

(6)a list and description of any prior assessments, evaluations or examinations of the respondent, including the dates thereof, which were relied upon in the preparation of this evaluation;

(7)the date and location where this examination and evaluation occurred, and the name or names of the professional or professionals performing the examination and evaluation and such professional's qualifications;

(8)a statement by the professional that the professional has personally completed an independent examination and evaluation of the respondent, and that the report submitted to the court contains the results of that examination and evaluation, and the professional's opinion with regard to the issues of whether or not the respondent is in need of a guardian and whether there are barriers to the respondent's attendance and participation at the hearing on the petition; and

(9)the signature of the professional who prepared the report.

(c)The professional shall file with the court, at least five days prior to the date of the trial, such professional's written report concerning the examination and evaluation ordered by the court. The report shall be made available by the court to counsel for all parties.

(d)In lieu of entering an order for an examination and evaluation as provided for in this section, the court may determine that the report accompanying the petition is in compliance with the requirements of this section and that no further examination or evaluation should be required, unless the respondent, or such person's attorney, requests such an examination and evaluation in writing. Any such request shall be filed with the court, and a copy thereof delivered to the petitioner, at least four days prior to the date of the trial. Accompanying the request shall be a statement of the reasons why an examination and evaluation is requested and the name and address of a qualified professional or facility willing and able to conduct this examination and evaluation. If the court orders a further examination and evaluation, the court may continue the trial and fix a new date, time and place of the trial at a time not to exceed 30 days from the date of the filing of the request.