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 order
because 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 be
inadequately represented, it may appoint an attorney to represent the minor, giving consideration
to the choice of the minor if 14 years of age or older. A lawyer appointed by the court to
represent 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 order
for reasons other than minority, the court shall set a date for hearing. Unless the person to be
protected has counsel of his own choice, the court may appoint a lawyer to represent him who
then 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 chronic
intoxication, the court may direct that the person to be protected be examined by a physician
designated by the court, preferably a physician who is not connected with any institution in which
the person is a patient or is detained. The court may send a visitor to interview the person to be
protected. 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 other
protective order has been established, the court shall make an appointment or other appropriate
protective order.
Enacted by Chapter 150, 1975 General Session
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Last revised: Thursday, May 28, 2009