For Whom Conservator May Be Appointed; Procedure;

10 GCA § 82701 — under Mentally Ill Persons.

10 GCA § 82701

Exceptions. A conservator of the person, or the estate, or of the person and the estate may be appointed for any person who is gravely disabled as the result of a mental disorder. The procedure for establishing conservatorship under this Chapter shall be the same as that provided in 15 GCA Division 4 except as follows: (a) A conservator may be appointed for a gravely disabled minor.

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(b) When a gravely disabled person already has a guardian or conservator, the Superior Court under this Chapter may retain that guardian or conservator, or remove him and appoint a new guardian or conservator under the provisions of this Chapter. (c) The person for whom conservatorship is sought shall have the right to demand a jury trial on the issue of whether he is gravely disabled. This right shall also apply in subsequent proceedings to reestablish conservatorship. (d) The Superior Court may grant a conservator, appointed under this Chapter, with the power to place his conservatee in a facility for psychiatric or psychological care only after finding that alternative, non- institutional care and support are not available on an out-patient basis, and after finding that the facility has the capability to provide treatment which is appropriate to the needs of the gravely disabled individual. SOURCE: Repealed and reenacted by P.L. 19-016:1 (Apr. 11, 1988).