Current through the 2024 Regular Session
Section 93-20-301 - Basis for appointment of guardian for adult(1) The court may appoint a guardian for an adult when the respondent lacks the ability to meet essential requirements for physical health, safety or self-care because: (a) The adult is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services or technological assistance; or(b) The adult is found to be a person with mental illness or a person with an intellectual disability as defined in Section 41-21-61 who is also incapable of taking care of his or her person.(2) The court shall grant to a guardian only those powers necessitated by the limitations and demonstrated needs of the ward and must enter orders that will encourage the development of the ward's maximum self-determination and independence. The court must consider any less restrictive alternative that would meet the needs of the ward.Amended by Laws, 2020, ch. 344, SB 2874,§ 15, eff. 6/23/2020.Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.