Court Findings Before Appointing a Guardian

A. In exercising its appointment authority pursuant to this chapter, the court shall encourage the development of maximum self-reliance and independence of the incapacitated person. B. The court may appoint a general or limited guardian as requested if the court finds by clear and convincing evidence that: 1. The person for whom a guardian is sought is incapacitated. 2. The appointment is necessary to provide for the demonstrated needs of the incapacitated person. 3. The person's needs cannot be met by less restrictive means, including the use of appropriate technological assistance. C. In conformity with the evidence regarding the extent of the ward's incapacity, the court may appoint a limited guardian and specify time limits on the guardianship and limitations on the guardian's powers. D. The guardian shall file an acceptance of appointment with the appointing court. E. The court may require each person who seeks appointment as a guardian to furnish a full set of fingerprints to enable the court to conduct a criminal background investigation. F. The court shall make a specific finding as to whether the appointment of a guardian is due solely to the ward's physical incapacity. G. Unless the court makes a specific finding that the appointment of a guardian is due solely to the ward's physical incapacity, at the time of appointing a guardian, the court shall transmit the ward's information to the supreme court for the national instant criminal background check system. H. If a petition for guardianship is withdrawn or denied, the court may order public access to the file be prohibited absent a subsequent court order.