§560:5-311  Findings; order of appointment.  (a)  The court may:

     (1)  Appoint a limited or unlimited guardian for a respondent only if it finds by clear and convincing evidence that:

         (A)  The respondent is an incapacitated person; and

         (B)  The respondent's identified needs cannot be met by less restrictive means, including use of appropriate and reasonably available technological assistance; or

     (2)  With appropriate findings, treat the petition as one for a protective order under section 560:5-401, enter any other appropriate order, or dismiss the proceeding.

     (b)  The court, whenever feasible, shall grant to a guardian only those powers necessitated by the ward's limitations and demonstrated needs and make appointive and other orders that will encourage the development of the ward's maximum self-reliance and independence.

     (c)  Within fourteen days after an appointment, a guardian shall send or deliver to the ward and to all other persons given notice of the hearing on the petition a copy of the order of appointment, together with a notice of the right to request termination or modification. [L 2004, c 161, pt of §1]