§ 33-15-4 - Limited guardianship.
SECTION 33-15-4
§ 33-15-4 Limited guardianship. – (a) Absent a finding, based on a decision making assessment tool, that anindividual is totally incapacitated, the court shall limit the scope of thepowers and duties of a guardian to the terms best suited to allow theindividual found partially incapacitated to participate as fully as possible indecisions affecting him or her. One such decision making assessment tool mustbe completed by the respondent's primary care physician, if one exists and isavailable, otherwise by a physician who has examined and treated therespondent. The probate court may consider such additional decision makingassessments tools signed and submitted by one or more non-physicians orconsulting physicians. The court shall not appoint a guardian or limitedguardian if the court finds that the needs of the proposed ward are being metor can be met by a less restrictive alternative or alternatives. The courtshall authorize the guardian to make decisions for the individual in only thoseareas where the court finds, based on one or more decision making assessmenttools, that the individual lacks the capacity to make decisions. The court muststrike a delicate balance between providing the protection and supportnecessary to assist the individual and preserving, to the largest degreepossible, the liberty, property and privacy interests of the individual. Thecertificate of appointment issued to the limited guardian shall clearly statethat it is a limited guardianship. The court order shall clearly indicate thescope of the powers and duties of the limited guardian. The appointment of alimited guardian shall not constitute a finding of legal incompetence. Anindividual for whom a limited guardian is appointed shall retain all legal andcivil rights except those which have been specifically suspended by the order.
(2) A decision-making assessment tool, in the form as shownin § 33-15-47, must be filed with the petition in each case, provided,that the probate court may excuse the filing of a decision-making assessmenttool only on a petition for temporary guardianship in extraordinary oremergency circumstances and upon the provision of other competent evidence.
(3) The individual's primary care physician must complete thedecision-making assessment tool, however, if the individual's primary carephysician is not available or if the individual does not have a primary carephysician the decision-making assessment tool must be completed by a physicianwho has examined and treated the individual. Professionals, or other personsacquainted with the individual being assessed, may also complete additionaldecision-making assessment tools.
(4) Modification. If, because of a change in thepartially incapacitated individual's level of decision making ability, thescope and duties of the limited guardianship order no longer meet the needs ofthe individual and/or fail to afford the individual as much autonomy aspossible, modification of the limited guardianship order is required.
(i) Modification can be accomplished by agreement of: thepartially incapacitated individual, his or her counsel, if any and the limitedguardian. This agreement shall be submitted to the court and entered as anorder.
(ii) Where no agreement can be reached, among these partiesany or all of the parties may request a hearing.
(b) However, provisions of this chapter shall not beconstrued to mean a person is in need of a guardian or limited guardian solelybecause he or she is being furnished or relies upon treatment by spiritualmeans through prayer alone in accordance with the tenets and practices of achurch or religious denomination recognized by the laws of this state.