§ 2671 - Voluntary guardianship
§ 2671. Voluntary guardianship
(a) Any person of at least eighteen years of age, who desires assistance with the management of his or her affairs, may file a petition with the probate court requesting the appointment of a guardian.
(b) The petition shall:
(1) state that the petitioner is not mentally ill or mentally retarded;
(2) specify which of the powers of the guardian as set forth in section 3069 of this title petitioner requests to be exercised by the guardian, and;
(3) specify which individual the petitioner requests to be appointed guardian.
(c) A person who requests that a voluntary guardian be appointed shall appear before the court, if physically able. If not physically able to appear, the petition shall be accompanied by a letter from a physician or qualified mental health professional stating that the petitioner understands the nature, extent and consequences of the guardianship requested and the procedure for revoking the guardianship. The letter may support a finding by the court that the petitioner does, in fact, understand the nature, extent and consequences of the guardianship requested and the procedure for revoking the guardianship.
(d) A petition for voluntary guardianship shall be granted if the court finds that:
(1) the petitioner is not mentally ill or mentally retarded; and
(2) the petitioner is uncoerced; and
(3) the petitioner understands the nature, extent and consequences of the guardianship requested and the procedures for revoking the guardianship.
(e) In its discretion, the court may order that the petitioner be evaluated by a qualified mental health professional. The scope of the evaluation shall be limited to:
(1) whether the petitioner is mentally ill or mentally retarded; and
(2) the capacity of the petitioner to understand the nature, extent and consequences of the guardianship requested and the procedures for revoking the guardianship.
(f) If the court finds that the petitioner meets the criteria set forth in subsection (d) of this section, it shall enter judgment specifying the powers of the guardian as requested in the petition.
(g) If the court finds that the petitioner does not meet the criteria set forth in subsection (d) of this section, it shall dismiss the petition; provided, however, that if the court finds that the petitioner is mentally ill or mentally retarded, the court may treat the petition as if filed pursuant to section 3063 of this title.
(h) The ward may, at any time, file a motion to revoke the guardianship. Upon receipt of the motion, the court shall give notice as provided by the rules of probate procedure. Unless the guardian files a motion pursuant to section 3063 of this title within ten days from the date of the notice, the court shall enter judgment revoking the guardianship and shall provide the ward and the guardian with a copy of the judgment.
(i) Any person interested in the welfare of the ward, as defined by section 3061 of this chapter, may petition the court where venue lies for termination of the guardianship. Grounds for termination of the guardianship shall be:
(1) failure to render an account after having been duly cited by the court;
(2) failure to perform an order or decree of the court;
(3) a finding that the guardian has become incapable of or unsuitable for exercising his powers; or
(4) the death of the guardian.
The court may also consider termination of the guardianship on the court's own motion.
(j) The guardian shall file an annual report with the appointing court on the anniversary date of appointment containing the information required by section 3076 of this title.
(k) At the termination of a voluntary guardianship, the guardian shall render a final accounting as required by section 2921 of this title.
(l) The guardian shall not be paid any fees to which the guardian may be entitled from the estate of the ward until the annual reports or final accounting required by this section have been filed with the court. (Amended 1979, No. 76, § 3; 1985, No. 144 (Adj. Sess.), § 123.)