§560:5-406 - Original petition; preliminaries to hearing.
§560:5-406 Original petition; preliminaries to hearing. (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 may appoint a kokua kanawai. The duties and reporting requirements of the kokua kanawai shall be limited to the relief requested in the petition. The kokua kanawai shall be an individual having such training or experience that the court deems appropriate.
(b) The court shall appoint a lawyer to represent the respondent in the proceeding if:
(1) Requested by the respondent;
(2) Recommended by the kokua kanawai; or
(3) The court determines that the respondent needs representation.
(c) Unless otherwise ordered by the court for good cause shown, the kokua kanawai 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 or request that the court appoint a lawyer to consult with a lawyer at the respondent's own expense; 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 unless the court otherwise directs.
(d) In addition to the duties imposed by subsection (c), the kokua kanawai shall:
(1) Interview the petitioner and the proposed conservator, if any; and
(2) Make any other investigation the court directs.
(e) The kokua kanawai shall promptly file a report with the court, which shall include:
(1) A recommendation as to whether a lawyer should be appointed to represent the respondent;
(2) 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;
(3) 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;
(4) A recommendation as to whether a professional evaluation or further evaluation is necessary; and
(5) 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 special conservator to assist in that task. [L 2004, c 161, pt of §1; am L 2008, c 39, §6]