Findings; order of appointment

15A V.I.C. § 5-311 — under Protection of Persons Under Disability and Their Property.

15A V.I.C. § 5-311

(a) The Court may:(1) appoint a limited or unlimited guardian for a respondent only if it finds by clear and convincing evidence that:(A) the respondent is an incapacitated person; and(B) the respondent’s identified needs cannot be met by less restrictive means, including use of appropriate technological assistance; or(2) with appropriate findings, treat the petition as one for a protective order under section 5-401, enter any other appropriate order, or dismiss the proceeding.

(1) appoint a limited or unlimited guardian for a respondent only if it finds by clear and convincing evidence that:(A) the respondent is an incapacitated person; and(B) the respondent’s identified needs cannot be met by less restrictive means, including use of appropriate technological assistance; or

(A) the respondent is an incapacitated person; and

(B) the respondent’s identified needs cannot be met by less restrictive means, including use of appropriate technological assistance; or

(2) with appropriate findings, treat the petition as one for a protective order under section 5-401, enter any other appropriate order, or dismiss the proceeding.

(b) The Court, whenever feasible, shall grant to a guardian only those powers necessitated by the ward’s limitations and demonstrated needs and make appointive and other orders that will encourage the development of the ward’s maximum self-reliance and independence.

(c) Within 14 days after an appointment, a guardian shall send or deliver to the ward and to all other persons given notice of the hearing on the petition a copy of the order of appointment, together with a notice of the right to request termination or modification.