(a) The fact of minority, disappearance, detention, or confinement by a foreign power shall be established by clear and convincing evidence.
(b) (1) In determining the incapacity of a person for whom a guardian is sought to be appointed for cause other than disappearance, detention, or confinement by a foreign power, the court shall require that the evidence of incapacity include the oral testimony or sworn written statement of one (1) or more qualified professionals, whose qualifications shall be set forth in their testimony or written statements.(2) If the proposed ward is confined or undergoing treatment in a mental health facility or in a hospital, one (1) of the professionals shall be a member of the staff of that facility.(3) The court, in its discretion, may require the presence before it of the person of the alleged incapacitated person.(4) The court shall fix the fees to be paid to such examiners, which shall be charged as part of the costs of the proceeding.
(1) In determining the incapacity of a person for whom a guardian is sought to be appointed for cause other than disappearance, detention, or confinement by a foreign power, the court shall require that the evidence of incapacity include the oral testimony or sworn written statement of one (1) or more qualified professionals, whose qualifications shall be set forth in their testimony or written statements.
(2) If the proposed ward is confined or undergoing treatment in a mental health facility or in a hospital, one (1) of the professionals shall be a member of the staff of that facility.
(3) The court, in its discretion, may require the presence before it of the person of the alleged incapacitated person.
(4) The court shall fix the fees to be paid to such examiners, which shall be charged as part of the costs of the proceeding.
(c) The costs of the proceeding shall be paid by the petitioner, who may be reimbursed therefor out of the estate of the proposed ward, if a guardian is appointed.