§560:5-303 Procedure for court appointment of a guardian of the person of an incapacitated person. (a) The incapacitated person or any person interested in the incapacitated person's welfare may petition the family court for a finding of incapacity and appointment of a guardian of the person.

(b) Upon the filing of a petition, the family court shall set a date for hearing on the issues of incapacity and, if at any time in the proceeding, the court determines that the interests of the allegedly incapacitated person are or may be inadequately represented, it shall appoint a guardian ad litem. The person alleged to be incapacitated may be examined by a physician or licensed psychologist appointed by the family court who shall submit a report in writing to the court and may be interviewed by a family court officer or other person designated by the family court. If so ordered by the family court, the family court officer or other person also shall interview the person seeking appointment as guardian of the person, shall visit the present place of abode of the person alleged to be incapacitated and the place it is proposed that the person will be detained or reside if the requested appointment is made, and shall submit a report in writing to the family court. The person alleged to be incapacitated is entitled to be present at the hearing in person, and to see or hear all evidence bearing upon the person's condition. The person alleged to be incapacitated is entitled to be represented by an attorney, to present evidence, to cross- examine witnesses, including any person submitting a report and the family court officer or other person designated by the court to interview the person. The issue may be determined at a closed hearing. [L 1976, c 200, pt of §1; am L 1977, c 144, §43; am L 1988, c 305, §3; gen ch 1993]