Section 81.16. Dispositional alternatives  


Latest version.
  • (a) Dismissal of the petition.
        If  the person alleged to be incapacitated under this article is found
      not to be incapacitated, the court shall dismiss the petition.
        (b) Protective arrangements and single  transactions.  If  the  person
      alleged  to  be  incapacitated  is  found to be incapacitated, the court
      without appointing a guardian, may  authorize,  direct,  or  ratify  any
      transaction or series of transactions necessary to achieve any security,
      service,  or  care  arrangement  meeting  the  foreseeable  needs of the
      incapacitated person, or may authorize, direct, or ratify any  contract,
      trust,  or  other  transaction  relating  to  the incapacitated person's
      property  and  financial  affairs  if  the  court  determines  that  the
      transaction  is  necessary  as  a  means of providing for personal needs
      and/or property management for the alleged incapacitated person.  Before
      approving  a  protective  arrangement  or  other  transaction under this
      subdivision, the court shall consider the interests  of  dependents  and
      creditors  of  the  incapacitated  person,  and  in view of the person's
      functional level, whether the person needs the continuing protection  of
      a  guardian.  The  court may appoint a special guardian to assist in the
      accomplishment  of  any  protective  arrangement  or  other  transaction
      authorized  under  this subdivision. The special guardian shall have the
      authority conferred by the order of appointment,  shall  report  to  the
      court on all matters done pursuant to the order of appointment and shall
      serve  until  discharged  by order of the court. The court may approve a
      reasonable compensation for the special guardian; however, if the  court
      finds  that  the  special  guardian  has  failed to discharge his or her
      duties satisfactorily in any respect, the court may deny or  reduce  the
      amount of compensation or remove the special guardian.
        (c) Appointing a guardian.
        1.  If  the person alleged to be incapacitated is found to have agreed
      to the appointment of a guardian  and  the  court  determines  that  the
      appointment  of a guardian is necessary, the order of the court shall be
      designed to accomplish the least restrictive  form  of  intervention  by
      appointing  a  guardian with powers limited to those which the court has
      found necessary to assist the person in  providing  for  personal  needs
      and/or property management.
        2.  If  the  person  alleged  to  be  incapacitated  is  found  to  be
      incapacitated and  the  court  determines  that  the  appointment  of  a
      guardian  is  necessary,  the  order  of  the court shall be designed to
      accomplish the least restrictive form of intervention  by  appointing  a
      guardian  with  powers  limited  to  those  which  the  court  has found
      necessary to assist the incapacitated person in providing  for  personal
      needs and/or property management.
        3.  The  order  of  appointment shall identify all persons entitled to
      notice of all further proceedings.
        (d) The court shall direct that a judgment be entered determining  the
      rights of the parties.
        (e)  The order and judgment must be entered and served within ten days
      of the signing of the order. A copy of the order and judgment  shall  be
      personally served upon and explained to the person who is the subject of
      the  proceedings in a manner which the person can reasonably be expected
      to understand by the court evaluator, or by counsel for the  person,  or
      by the guardian.
        (f)  When a petition is granted, or where the court otherwise deems it
      appropriate,  the  court  may  award  reasonable  compensation  for  the
      attorney  for  the  petitioner,  including  the attorney general and the
      attorney for a local department of social services.