30-2625. Notices in guardianship proceedings.

465 words·~2 min read·/ne/chapter-30/30-2625

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

(a)In a proceeding for the appointment of a guardian for a person alleged to be incapacitated or the removal of a guardian of a ward other than the appointment of a temporary guardian or temporary suspension of a guardian, notice of hearing shall be given to each of the following:

(1)The ward or the person alleged to be incapacitated and his or her spouse, parents, and adult children;

(2)Any person who is serving as guardian or conservator of the ward or who has care and custody of a person alleged to be incapacitated; and

(3)If no other person is notified under subdivision

(1)of this subsection, at least one of the closest adult relatives of the ward or person alleged to be incapacitated, if any can be found.

(b)Notice which is appropriate to the circumstances of the ward or person alleged to be incapacitated shall be served personally at least fourteen days prior to the hearing on the ward or person alleged to be incapacitated and his or her spouse and parents if they can be found within the state. The court may require the petitioner to serve notice in alternative formats or with appropriate auxiliary aids and services if necessary to ensure equally effective communication with the ward or person alleged to be incapacitated, including, but not limited to, the use of braille, sign language, large print, reading aloud, or other reasonable accommodation for the known disabilities of the individual based on the allegations specified in the petition. Waiver of notice by the person alleged to be incapacitated shall not be effective unless he or she attends the hearing and the court determines that the waiver is appropriate.

(c)In addition to notifying him or her of the filing of the petition and the time and place of the hearing on the petition, the notice required to be served upon the person alleged to be incapacitated shall list the following rights of the person:

(1)The right to request the appointment of an attorney;

(2)The right to present evidence in his or her own behalf;

(3)The right to request that the power of the guardian, if appointed, be limited by the court;

(4)The right to be notified regarding how to contact the temporary guardian if a temporary guardian is appointed;

(5)The right to compel attendance of witnesses;

(6)The right to cross-examine witnesses, including the court-appointed physician;

(7)The right to appeal any final order; and

(8)The right to request a hearing closed to the public.

(d)If a temporary guardian has been appointed, the notice required in subsection

(c)of this section shall include a notice of such appointment and of the right to request an expedited hearing pursuant to section 30-2626 .