81.15 - Findings.

§ 81.15 Findings.    (a)  Where  the  court  determines  that  the  person  agrees  to  the  appointment and that the appointment is necessary, the court shall  make  the following findings on the record:    1. the person's agreement to the appointment;    2.  the  person's  functional  limitations  which  impair the person's  ability to provide for personal needs or property management;    3. the necessity of the appointment  of  a  guardian  as  a  means  of  providing for personal needs and/or property management for the person;    4.  the  specific  powers  of  the guardian which constitute the least  restrictive form of intervention consistent with the person's functional  limitations; and    5. the duration of the appointment.    (b) Where the petition requests  the  appointment  of  a  guardian  to  provide  for the personal needs for a person alleged to be incapacitated  and the court determines that such person is incapacitated and that  the  appointment is necessary, the court shall make the following findings on  the record:    1.  the  person's  functional  limitations  which  impair the person's  ability to provide for personal needs;    2. the person's lack of understanding and appreciation of  the  nature  and consequences of his or her functional limitations;    3.  the  likelihood  that  the  person will suffer harm because of the  person's functional limitations and inability to  adequately  understand  and   appreciate   the   nature  and  consequences  of  such  functional  limitations;    4. the necessity of the appointment of  a  guardian  to  prevent  such  harm;    5.  the  specific  powers  of  the guardian which constitute the least  restrictive form of intervention consistent with the  findings  of  this  subdivision;    6. the duration of the appointment; and    7.  whether  the  incapacitated  person  should  receive copies of the  initial and annual report.    (c) Where the petition requests the  appointment  of  a  guardian  for  property  management for the person alleged to be incapacitated, and the  court  determines  that  the  person  is  incapacitated  and  that   the  appointment  of  a  guardian  is  necessary,  the  court  shall make the  following findings on the record:    1. the type and amount of the property and financial resources of  the  person alleged to be incapacitated;    2.  the  person's  functional  limitations  which  impair the person's  ability with respect to property management;    3. the person's lack of understanding and appreciation of  the  nature  and consequences of his or her functional limitations;    4.  the  likelihood  that  the  person will suffer harm because of the  person's functional limitations and inability to  adequately  understand  and   appreciate   the   nature  and  consequences  of  such  functional  limitations;    5. any additional findings that are required under  section  81.21  of  this article;    6.  the  necessity  of  the  appointment of a guardian to prevent such  harm;    7. if so, the specific powers of the  guardian  which  constitute  the  least  restrictive  form  of  intervention  consistent with the person's  functional limitations  and  the  likelihood  of  harm  because  of  the  person's  inability  to  adequately understand and appreciate the nature  and consequences of such functional limitations;8. the duration of the appointment; and    9.  whether  the  incapacitated  person  should  receive copies of the  initial and annual report.