125.305 Order of appointment
221 words·~1 min read·
/or/ors-chapter-125/protective-proceedings/guardians/125-305·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
125.305 Order of appointment.
(1)After determining that conditions for the appointment of a guardian have been established, the court may appoint a guardian as requested if the court determines by clear and convincing evidence that:
(a)The respondent is a minor in need of a guardian, the respondent is incapacitated or the respondent is a vulnerable youth;
(b)The appointment is necessary as a means of providing continuing care and supervision of the respondent; and
(c)The nominated person is both qualified and suitable, and is willing to serve.
(2)The court shall make a guardianship order that is no more restrictive upon the liberty of the protected person than is reasonably necessary to protect the person. In making the order the court shall consider the information in the petition, the report of the visitor, the report of any physician, naturopathic physician or psychologist who has examined the respondent, if there was an examination, and the evidence presented at any hearing.
(3)The court may require that a guardian post bond.
(4)The Department of Human Services may be appointed guardian of a minor if the minor has no living parents and if no willing, qualified and suitable relative or other person has petitioned the court for appointment as a guardian. [1995 c.664 §28; 2017 c.356 §11; 2021 c.399 §11]