Current through the 2024 Regular Session
Section 93-20-315 - Guardian's plan(1) If required by the court, a guardian must file with the court a plan for the care of the adult no later than ninety (90) days after the court's order of appointment or order to file a plan. If a plan is required and there is a significant change in circumstances, or if the guardian seeks to deviate significantly from the guardian's plan, a guardian must file with the court a revised plan no later than ninety (90) days after the change in circumstances or decision to deviate from the plan. Every plan must be based on the needs of the adult and take into account the best interest of the adult as well as the adult's preferences, values, and prior directions, to the extent known to or reasonably ascertainable by the guardian. Along with other items determined necessary by the court, the guardian's plan must include: (a) The living arrangement, services, and supports the guardian expects to arrange, facilitate, or continue for the adult;(b) Social and educational activities the guardian expects to facilitate on behalf of the adult;(c) Any person with whom the adult has a close personal relationship or relationship involving regular visitation and any plan the guardian has for facilitating visits with the person;(d) The anticipated nature and frequency of the guardian's visits and communication with the adult;(e) Goals for the adult, including any goal related to the restoration of the adult's rights, and how the guardian anticipates achieving the goals;(f) Whether the adult has an existing plan and, if so, whether the guardian's plan is consistent with the adult's plan; and(g) A statement or list of the amount the guardian proposes to charge for each service the guardian anticipates providing to the adult.(2) A guardian must give reasonable notice of the filing of the guardian's plan under subsection (1), and a copy of the plan, to the adult ward, the adult ward's spouse, parents, children, and any other person the court determines. The notice must include a statement of the right to object to the plan and be given not later than fourteen (14) days after the filing.(3) After the guardian's plan filed under this section is approved by the court, the guardian must provide a copy of the plan to the adult ward, the adult ward's spouse, parents, children, and any other person the court determines.Added by Laws, 2019, ch. 463, SB 2828,§ 1, eff. 1/1/2020.