75-5-407 - Procedure concerning hearing and order on original petition.
75-5-407. Procedure concerning hearing and order on original petition.
(1) Upon receipt of a petition for appointment of a conservator or other protective orderbecause of minority, the court shall set a date for the hearing on the matters alleged in the petition.If, at any time in the proceeding, the court determines that the interests of the minor are or may beinadequately represented, it may appoint an attorney to represent the minor, giving considerationto the choice of the minor if 14 years of age or older. A lawyer appointed by the court torepresent a minor has the powers and duties of a guardian ad litem.
(2) Upon receipt of a petition for appointment of a conservator or other protective orderfor reasons other than minority, the court shall set a date for hearing. Unless the person to beprotected has counsel of his own choice, the court may appoint a lawyer to represent him whothen has the powers and duties of a guardian ad litem. If the alleged disability is mental illness,mental deficiency, physical illness or disability, advanced age, chronic use of drugs, or chronicintoxication, the court may direct that the person to be protected be examined by a physiciandesignated by the court, preferably a physician who is not connected with any institution in whichthe person is a patient or is detained. The court may send a visitor to interview the person to beprotected. The visitor may be a guardian ad litem or an officer or employee of the court.
(3) After hearing, upon finding that a basis for the appointment of a conservator or otherprotective order has been established, the court shall make an appointment or other appropriateprotective order.
Enacted by Chapter 150, 1975 General Session