(1) After a petition for appointment of a guardian is filed, the court shall schedule a hearing, and the petitioner shall give notice of the time and place of the hearing, together with a copy of the petition, to:
(a) The minor, if the minor has attained twelve years of age and is not the petitioner;
(b) Any person alleged to have had the primary care and custody of the minor during the sixty days before the filing of the petition;
(c) Each living parent of the minor or, if there is none, the adult nearest in kinship that can be found;
(d) Any person nominated as guardian by the minor if the minor has attained twelve years of age;
(e) Any appointee of a parent or guardian whose appointment has not been prevented or terminated under section 15-14-203 (1) or whose appointment was consented to under section 15-14-203 (2); and
(f) Any guardian or conservator currently acting for the minor in this state or elsewhere.
(2) The court, upon hearing, shall make the appointment if it finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the conditions of section 15-14-204 (2) have been met, and the best interest of the minor will be served by the appointment. In other cases, the court may dismiss the proceeding or make any other disposition of the matter that will serve the best interest of the minor.
(3) If the court determines at any stage of the proceeding, before or after appointment, that the interests of the minor are or may be inadequately represented, it may appoint a lawyer to represent the minor, giving consideration to the choice of the minor if the minor has attained twelve years of age.
Source: L. 2000: Entire part R&RE, p. 1789, � 1, effective January 1, 2001 (see � 15-17-103); (1) amended, p. 294, � 12, effective January 1, 2001.
Editor's note: This section is similar to former � 15-14-207 as it existed prior to 2001.
15-14-206. Judicial appointment of guardian - priority of minor's nominee - limited guardianship. (1) The court shall appoint a guardian whose appointment will be in the best interest of the minor. The court shall appoint a guardian nominated by the minor, if the minor has attained twelve years of age, unless the court finds the appointment will be contrary to the best interest of the minor.
(2) In the interest of developing self-reliance of a ward or for other good cause, the court, at the time of appointment or later, on its own motion or on motion of the minor ward or other interested person, may limit the powers of a guardian otherwise granted by this part 2 and thereby create a limited guardianship. Following the same procedure, the court may grant additional powers or withdraw powers previously granted.
Source: L. 2000: Entire part R&RE, p. 1789, � 1, effective January 1, 2001 (see � 15-17-103).
Editor's note: This section is similar to former � 15-14-206 as it existed prior to 2001.