75-5-309. Notices in guardianship proceedings.
(1) In a proceeding for the appointment or removal of a guardian of an incapacitated
person other than the appointment of a temporary guardian or temporary suspension of a
guardian, notice of hearing shall be given to each of the following:
(a) the ward or the person alleged to be incapacitated and spouse, parents, and adult
children of the ward or person;
(b) any person who is serving as guardian or conservator or who has care and custody of
the ward or person;
(c) in case no other person is notified under Subsection (1)(a), at least one of the closest
adult relatives, if any can be found; and
(d) any guardian appointed by the will of the parent who died later or spouse of the
incapacitated person.
(2) The notice shall be in plain language and large type and the form shall have the final
approval of the Judicial Council. The notice shall indicate the time and place of the hearing, the
possible adverse consequences to the person receiving notice of rights, a list of rights, including
the person's own or a court appointed counsel, and a copy of the petition.
(3) Notice shall be served personally on the alleged incapacitated person and the person's
spouse and parents if they can be found within the state. Notice to the spouse and parents, if they
cannot be found within the state, and to all other persons except the alleged incapacitated person
shall be given as provided in Section 75-1-401. Waiver of notice by the person alleged to be
incapacitated is not effective unless the person attends the hearing or the person's waiver of notice
is confirmed in an interview with the visitor appointed pursuant to Section 75-5-303.
Amended by Chapter 104, 1988 General Session
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Last revised: Thursday, May 01, 2008