DMR.3.5.060 Guardianship Hearing and Order

(a) At the hearing on the petition, the Court shall hear the petitioner's evidence, the evidence offered by any other party, and the recommendations of the guardian ad litem. If the Court is satisfied by clear and convincing evidence that the proposed ward is incapable of managing his or her own affairs and that the appointment of a guardian is in the best interests of the proposed ward, the Court shall appoint a guardian or guardians who by a preponderance of the evidence, appears most suitable.

(b) The Court may impose restrictions or limitations on the powers of the guardian, and may condition the appointment on the guardian's performance of specified duties.

(c) The Court shall determine whether all of the ward's rights shall be exercised by the guardian, or whether the ward shall retain the right to exercise any particular rights.

(d) The Court shall make specific findings and orders with respect to any request for authority to consent or refuse consent to psychotropic medications. A guardian seeking such authority must prove by clear and convincing evidence the following;

(1) That the proposed ward is likely to respond positively to psychotropic medication.

(2) That as a result of the proposed ward's failure to take medication the person is unable to provide for his or her care in the community. The proposed ward's past history is relevant to determining his or her current inability to provide for his or her care in the community under this paragraph.

(3) That unless protective services, including psychotropic medication, are provided, the proposed ward will incur a substantial probability of physical harm, impairment, injury or debilitation or will present a substantial probability of physical harm to others.

(e) The Court shall make specific findings and orders with respect to a request for protective placement.