(1) The court may:
(a) Appoint a limited or unlimited guardian for a respondent only if it finds by clear and convincing evidence that:
The respondent is an incapacitated person; and
The respondent's identified needs cannot be met by less restrictive means, includinguse of appropriate and reasonably available technological assistance; or
(b) With appropriate findings, treat the petition as one for a protective order under section 15-14-401, enter any other appropriate order, or dismiss the proceeding.
The court, whenever feasible, shall grant to a guardian only those powers necessitated by the ward's limitations and demonstrated needs and make appointive and other orders that will encourage the development of the ward's maximum self-reliance and independence.
Within thirty days after an appointment, a guardian shall send or deliver to the wardand to all other persons given notice of the hearing on the petition a copy of the order of appointment, together with a notice of the right to request termination or modification.
Source: L. 2000: Entire part R&RE, p. 1797, § 1, effective January 1, 2001 (see § 15-17103).
Editor's note: This section is similar to former § 15-14-304 as it existed prior to 2001.