§ 81.16 Dispositional alternatives.

(a) Dismissal of the petition.

If the person alleged to be incapacitated under this article is found
not to be incapacitated, the court shall dismiss the petition.

(b) Protective arrangements and single transactions. If the person
alleged to be incapacitated is found to be incapacitated, the court
without appointing a guardian, may authorize, direct, or ratify any
transaction or series of transactions necessary to achieve any security,
service, or care arrangement meeting the foreseeable needs of the
incapacitated person, or may authorize, direct, or ratify any contract,
trust, or other transaction relating to the incapacitated person's
property and financial affairs if the court determines that the
transaction is necessary as a means of providing for personal needs
and/or property management for the alleged incapacitated person. Before
approving a protective arrangement or other transaction under this
subdivision, the court shall consider the interests of dependents and
creditors of the incapacitated person, and in view of the person's
functional level, whether the person needs the continuing protection of
a guardian. The court may appoint a special guardian to assist in the
accomplishment of any protective arrangement or other transaction
authorized under this subdivision. The special guardian shall have the
authority conferred by the order of appointment, shall report to the
court on all matters done pursuant to the order of appointment and shall
serve until discharged by order of the court. The court may approve a
reasonable compensation for the special guardian; however, if the court
finds that the special guardian has failed to discharge his or her
duties satisfactorily in any respect, the court may deny or reduce the
amount of compensation or remove the special guardian.

(c) Appointing a guardian.

1. If the person alleged to be incapacitated is found to have agreed
to the appointment of a guardian and the court determines that the
appointment of a guardian is necessary, the order of the court shall be
designed to accomplish the least restrictive form of intervention by
appointing a guardian with powers limited to those which the court has
found necessary to assist the person in providing for personal needs
and/or property management.

2. If the person alleged to be incapacitated is found to be
incapacitated and the court determines that the appointment of a
guardian is necessary, the order of the court shall be designed to
accomplish the least restrictive form of intervention by appointing a
guardian with powers limited to those which the court has found
necessary to assist the incapacitated person in providing for personal
needs and/or property management.

3. The order of appointment shall identify all persons entitled to
notice of all further proceedings.

4. The order of appointment shall identify the persons entitled to
receive notice of the incapacitated person's death, the intended
disposition of the remains of the decedent, funeral arrangements and
final resting place when that information is known or can be reasonably
ascertained by the guardian.

5. The order of appointment may identify the person or persons
entitled to notice of the incapacitated person's transfer to a medical
facility.

6. The order of appointment may identify the persons entitled to visit
the incapacitated person, if they so choose. However, the identification
of such persons in the order shall in no way limit the persons entitled
to visit the incapacitated person.

(d) The court shall direct that a judgment be entered determining the
rights of the parties.

(e) The order and judgment must be entered and served within ten days
of the signing of the order. A copy of the order and judgment shall be
personally served upon and explained to the person who is the subject of
the proceedings in a manner which the person can reasonably be expected
to understand by the court evaluator, or by counsel for the person, or
by the guardian.

(f) When a petition is granted, or where the court otherwise deems it
appropriate, the court may award reasonable compensation for the
attorney for the petitioner, including the attorney general and the
attorney for a local department of social services.