TITLE 15

UNIFORM PROBATE CODE

CHAPTER 5

PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY [EFFECTIVE UNTIL JANUARY 1, 2027] UNIFORM GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE ARRANGEMENTS ACT [EFFECTIVE JANUARY 1, 2027]

PART 5

OTHER PROTECTIVE ARRANGEMENTS [EFFECTIVE JANUARY 1, 2027]

15-5-509.  ATTENDANCE AND RIGHTS AT HEARING. [EFFECTIVE January 1, 2027] (1) Except as otherwise provided in subsection (2) of this section, a hearing under this part may not proceed unless the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typically are held, the court shall make reasonable efforts to hold the hearing at an alternative location convenient to the respondent or allow the respondent to attend the hearing using real-time audio-visual technology.

(2)  A hearing under this part may proceed without the respondent in attendance if the court finds by clear and convincing evidence that:

(a)  The respondent consistently and repeatedly has refused to attend the hearing after having been fully informed of the right to attend and the potential consequences of failing to attend;

(b)  There is no practicable way for the respondent to attend and participate in the hearing even with appropriate supportive services and technological assistance; or

(c)  The respondent is a minor who has received proper notice and attendance would be harmful to the minor.

(3)  The respondent may be assisted in a hearing under this part by a person or persons of the respondent’s choosing, assistive technology, or an interpreter or translator, or a combination of these supports. If assistance would facilitate the respondent’s participation in the hearing, but is not otherwise available to the respondent, the court shall make reasonable efforts to provide it.

(4)  The respondent has a right to choose an attorney to represent the respondent at a hearing under this part.

(5)  At a hearing under this part, the respondent may:

(a)  Present evidence and subpoena witnesses and documents;

(b)  Examine witnesses, including any court-appointed evaluator, any member of a DD evaluation committee, and the visitor; and

(c)  Otherwise participate in the hearing.

(6)  A hearing under this part shall be closed upon request of the respondent and a showing of good cause.

(7)  Any person may request to participate in a hearing under this part. The court may grant the request, with or without a hearing, upon determining that the best interest of the respondent will be served. The court may impose appropriate conditions on the person’s participation.

History:

[15-5-509, added 2026, ch. 79, sec. 7, p. 391.]