Findings; order of appointment

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  • (a) The Court may:

    • (1) appoint a limited or unlimited guardian for a respondent only if it finds by clear and convincing evidence that:

      • (A) the respondent is an incapacitated person; and

      • (B) the respondent’s identified needs cannot be met by less restrictive means, including use of appropriate technological assistance; or

    • (2) with appropriate findings, treat the petition as one for a protective order under section 5-401, enter any other appropriate order, or dismiss the proceeding.

  • (b) 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.

  • (c) Within 14 days after an appointment, a guardian shall send or deliver to the ward and 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.


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