TITLE 15

UNIFORM PROBATE CODE

CHAPTER 5

PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY

PART 3.

GUARDIANS OF INCAPACITATED PERSONS

15-5-315.  Guardian ad litem — Duties. Subject to the direction of the court, the guardian ad litem shall have the following duties, which shall continue until the resignation of the guardian ad litem or until the court removes the guardian ad litem or no longer has jurisdiction, whichever occurs first:

(1)  To conduct an independent factual investigation of the circumstances of the ward including, without limitation, the circumstances described in the petition;

(2)  To file with the court a written report stating the results of the investigation, the guardian ad litem’s recommendations, and such other information as the court may require. The guardian ad litem’s written report shall be delivered to the court, with copies to all parties to the case, at least five (5) days before the date set for the adjudicatory hearing;

(3)  To act as an advocate for the ward for whom appointed at each stage of the proceedings under this chapter and to be charged with the general representation of the ward. To that end, the guardian ad litem shall participate fully in the proceedings to the degree necessary to adequately represent the ward, and shall be entitled to confer with the ward and the ward’s immediate family including, but not limited to, spouse, parents, siblings, children and next of kin;

(4)  To facilitate and negotiate to ensure that the court, the department of health and welfare, if applicable, and the ward’s attorney, if any, each fulfill their obligations to the ward in a timely fashion;

(5)  To monitor the circumstances of a ward, if the ward is found to be within the purview of this chapter, to assure compliance with the law, and to assure that the terms of the court’s orders are being fulfilled and remain in the best interest of the ward;

(6)  To meet any parent or other person having legal or physical custody of the ward, record the concerns of the parent, and report them to the court or, if no such meeting occurs, file an affidavit stating why no meeting occurred;

(7)  To maintain all information regarding the case confidential and to not disclose such information except to the court or to other parties to the case;

(8)  To determine whether existing powers, trusts, and other measures may adequately give the ward the legal protection otherwise provided by a guardian, or whether such powers, trusts or other measures could be reasonably created and, if so, to recommend that either no guardianship be granted or that only a suitably limited guardianship be granted; and

(9)  To exercise such other and further duties as may be expressly imposed by court order.

History:

[15-5-315, added 2005, ch. 49, sec. 1, p. 181.]