Ward Rights to Relationships in Guardianship

A. A guardian shall encourage and allow contact between the ward and other persons who have a significant relationship with the ward. B. Notwithstanding subsection A of this section, a guardian shall not limit, restrict or prohibit contact between the ward and any person with whom the ward wishes to have contact unless the guardian reasonably believes that the contact will be detrimental to the ward's health, safety or welfare. C. In exercising the guardian's powers pursuant to subsections A and B of this section, the guardian shall consider the wishes of the ward, if the ward has sufficient mental capacity to make an intelligent choice. D. A person who has a significant relationship to the ward may petition the court for an order compelling the guardian to allow the person to have contact with the ward. The petition shall describe the nature of the relationship between the person and the ward and the type and frequency of contact being requested. The person has the burden of proving that the person has a significant relationship with the ward. The guardian has the burden of proving by clear and convincing evidence that the requested contact will be detrimental to the ward's health, safety or welfare. E. A ward may petition the court for an order compelling the guardian to allow the ward to have contact with a person who has a significant relationship to the ward. The petition shall describe the nature of the relationship between the person and the ward and the type and frequency of contact being requested. The ward has the burden of proving that the person has a significant relationship with the ward. The guardian has the burden of proving by clear and convincing evidence that the requested contact will be detrimental to the ward's health, safety or welfare. F. After filing a petition pursuant to subsection D or E of this section, the petitioner shall request that the court set an initial hearing on the petition. Unless the petitioner requests a later initial hearing, the initial hearing shall occur as soon as possible but no later than fifteen judicial days after the court receives the petitioner's request. G. In determining what, if any, contact between the person and the ward is in the ward's best interest, the court shall consider all factors that are relevant to the ward's physical and emotional well-being, including the following: 1. The past and present relationship between the ward and the person with whom the contact is requested. 2. The wishes of the ward if the ward has sufficient mental capacity to make an intelligent choice. 3. The mental and physical health of the ward and the person with whom the contact is requested. 4. Whether the person with whom the contact is requested has committed any act involving domestic violence as defined in section 13-3601, child abuse or abuse, neglect or exploitation of a vulnerable adult. 5. Whether the person with whom the contact is requested has abused drugs or alcohol or has been convicted of any drug offense listed in title 13, chapter 34 or a violation of title 28, chapter 4, article 3. 6. Whether the person with whom the contact is requested is listed in the elder abuse central registry pursuant to section 46-457 or is required to register pursuant to section 13-3821. 7. Whether the person with whom the contact is requested has been convicted of a violation of section 13-2907.02 or 13-2907.04. O. If, in a proceeding brought under this section, the court finds that the guardian has unreasonably denied contact between a ward and a person who has a significant relationship with the ward, the court may do either, or both, of the following: 1. Remove the guardian. 2. Order the guardian to personally pay some or all of the reasonable attorney fees and expenses incurred by the person or the ward, or both.