Hearing on motion under § 663 or § 665

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  • (a) Except as provided in subsection (b), the court shall schedule a hearing on a motion filed under § 663 or § 665 no later than 60 days after the date the motion is filed. The court may, in its discretion, order the parties to attempt mediation before the hearing. If mediation results in agreement of the parties with regard to communication, visitation, or interaction with the incapacitated person, the agreement must be approved and memorialized in an order by the court.

  • (b) If the motion alleges that the incapacitated person’s health is in significant decline or that the incapacitated person’s death may be imminent, the court shall conduct an emergency hearing as soon as practicable, but no later than 10 days after the motion is filed.

  • (c) When a scheduling order is issued upon a motion filed under subsection (b), the court shall also order supervised communication, visitation, or interaction with the incapacitated person during the period before the hearing.

  • (d) Notice of the hearing, a copy of the motion, and a copy of any order issue under subsection (c), if applicable, must be personally served upon the incapacitated person and any person against whom the motion is filed, and nothing in this chapter affects the incapacitated person’s right to appear and be heard in the proceedings.


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