Original petition: preliminaries to hearing

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  • (a) Upon the filing of a petition for a conservatorship or other protective order for a respondent for reasons other than being a minor, the Court shall set a date for hearing. The Court shall appoint a visitor unless the petition does not request the appointment of a conservator and the respondent is represented by a lawyer. The duties and reporting requirements of the visitor are limited to the relief requested in the petition. The visitor must be an individual having training or experience in the type of incapacity alleged.

  • (b) Unless the respondent is represented by a lawyer, the Court shall appoint a lawyer to represent the respondent in the proceeding.

  • (c) The visitor shall interview the respondent in person and, to the extent that the respondent is able to understand:

    • (1) explain to the respondent the substance of the petition and the nature, purpose, and effect of the proceeding;

    • (2) if the appointment of a conservator is requested, inform the respondent of the general powers and duties of a conservator and determine the respondent’s views regarding the proposed conservator, the proposed conservator’s powers and duties, and the scope and duration of the proposed conservatorship;

    • (3) inform the respondent of the respondent’s rights, including the right to employ and consult with a lawyer at the respondent’s own expense, and the right to request a court-appointed lawyer; and

    • (4) inform the respondent that all costs and expenses of the proceeding, including respondent’s attorney’s fees, will be paid from the respondent’s estate.

  • (d) In addition to the duties imposed by subsection (c), the visitor shall:

    • (1) interview the petitioner and the proposed conservator, if any; and

    • (2) make any other investigation the Court directs.

  • (e) The visitor shall promptly file a report with the Court which must include:

    • (1) recommendations regarding the appropriateness of a conservatorship, including whether less restrictive means of intervention are available, the type of conservatorship, and, if a limited conservatorship, the powers and duties to be granted the limited conservator, and the assets over which the conservator should be granted authority;

    • (2) a statement of the qualifications of the proposed conservator, together with a statement as to whether the respondent approves or disapproves of the proposed conservator, and a statement of the powers and duties proposed or the scope of the conservatorship;

    • (3) a recommendation as to whether a professional evaluation or further evaluation is necessary; and

    • (4) any other matters the Court directs.

  • (f) The Court may also appoint a physician, psychologist, or other individual qualified to evaluate the alleged impairment to conduct an examination of the respondent.

  • (g) While a petition to establish a conservatorship or for another protective order is pending, after preliminary hearing and without notice to others, the Court may issue orders to preserve and apply the property of the respondent as may be required for the support of the respondent or individuals who are in fact dependent upon the respondent. The Court may appoint a master to assist in that task.


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