Requirements for restrictions on communications requested by guardian

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  • (a) A court may order restrictions placed on communications, visitations, or interactions a person may have with an incapacitated person upon a showing of good cause by the guardian.

  • (b) In determining whether to issue an order in accordance with subsection (a), the court must consider the following factors:

    • (1) Whether any protective order has been issued to protect the incapacitated person from the person seeking access to the incapacitated person;

    • (2) Whether the person has been charged with abuse, neglect, or financial exploitation of the incapacitated person;

    • (3) Whether the incapacitated person expresses a desire to communicate, visit, or interact with the person;

    • (4) If the incapacitated person is unable to communicate, whether a properly executed living will, durable power of attorney, or advance directive contains a preference by the incapacitated person with regard to the person’s communication, visitation, or interaction with the incapacitated person; and

    • (5) Any other factors the court considers relevant.

  • (c) Before issuing an order under this section, the court must consider the following restrictions in the order listed:

    • (1) Placing reasonable time, manner, or place restrictions on communication, visitation, or interaction between the incapacitated person and another person based on the history between the incapacitated person and the person or the incapacitated person’s wishes;

    • (2) Requiring that communication, visitation, or interaction between the incapacitated person and another person be supervised; or

    • (3) Denying communication, visitation, or interaction between the incapacitated person and another person. Unless the court finds that the person poses a threat to the incapacitated person, supervised communication, visitation, or interaction under subsection (c)(2) must be ordered before the denial of any communication, visitation, or interaction.


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