Judicial appointment of guardian - procedure.

Checkout our iOS App for a better way to browser and research.

(1) After a petition for appointment of a guardian is filed, the court shall schedule a hearing, and the petitioner shall give notice of the time and place of the hearing, together with a copy of the petition, to:

  1. The minor, if the minor has attained twelve years of age and is not the petitioner;

  2. Any person alleged to have had the primary care and custody of the minor during thesixty days before the filing of the petition;

  3. Each living parent of the minor or, if there is none, the adult nearest in kinship thatcan be found;

  4. Any person nominated as guardian by the minor if the minor has attained twelveyears of age;

  5. Any appointee of a parent or guardian whose appointment has not been prevented orterminated under section 15-14-203 (1) or whose appointment was consented to under section 15-14-203 (2); and

  6. Any guardian or conservator currently acting for the minor in this state or elsewhere.

  1. The court, upon hearing, shall make the appointment if it finds that a qualified personseeks appointment, venue is proper, the required notices have been given, the conditions of section 15-14-204 (2) have been met, and the best interest of the minor will be served by the appointment. In other cases, the court may dismiss the proceeding or make any other disposition of the matter that will serve the best interest of the minor.

  2. If the court determines at any stage of the proceeding, before or after appointment,that the interests of the minor are or may be inadequately represented, it may appoint a lawyer to represent the minor, giving consideration to the choice of the minor if the minor has attained twelve years of age.

Source: L. 2000: Entire part R&RE, p. 1789, § 1, effective January 1, 2001 (see § 15-17103); (1) amended, p. 294, § 12, effective January 1, 2001.

Editor's note: This section is similar to former § 15-14-207 as it existed prior to 2001.


Download our app to see the most-to-date content.