29-4-1. Prerequisite findings prior to appointment of guardian for adult; extent of guardianship.

The court may appoint a guardian for an adult only if the court finds the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning his or her health or safety.#

No guardian, other than a guardian ad litem or a guardian appointed in an emergency under paragraph (1) of subsection (a) of Code Section 29-11-13, shall be appointed for an adult except pursuant to the procedures of this chapter.#

No guardian shall be appointed for an adult unless the appointment is in the best interest of the adult.#

No guardian shall be appointed for an adult within two years after the denial or dismissal on the merits of a petition for the appointment of a guardian for that adult unless the petitioner shows a significant change in the condition or circumstances of the adult.#

1. (1)

   No adult shall be presumed to be in need of a guardian unless:#

   1. (A)

      He or she has been adjudicated to be in need of a guardian pursuant to this chapter; or#

   2. (B)

      The court has recognized another state’s determination of incapacity and the appointment of a guardian as provided in subsection (g) of Code Section 29-11-21.#

2. (2)

   An adult shall not be presumed to be in need of a guardian solely because of a finding of criminal insanity or incompetence to stand trial or a finding of a need for treatment or services pursuant to:#

   1. (A)

      Code Section 37-1-1;#

   2. (B)

      Code Sections 37-3-1 through 37-3-6;#

   3. (C)

      Articles 2 through 6 of Chapter 3 of Title 37;#

   4. (D)

      Code Sections 37-4-1 through 37-4-3 and 37-4-5 through 37-4-8;#

   5. (E)

      Articles 2 through 5 of Chapter 4 of Title 37;#

   6. (F)

      Code Section 37-5-3;#

   7. (G)

      Code Sections 37-7-1, 37-7-2, and 37-7-4 through 37-7-7; and#

   8. (H)

      Articles 2 through 6 of Chapter 7 of Title 37.#

3. (3)

   An adult shall not be presumed to be in need of a guardian solely because of a finding that the adult has one or more developmental disabilities as defined in paragraph (8) of Code Section 37-1-1.#

All guardianships ordered pursuant to this chapter shall be designed to encourage the development of maximum self-reliance and independence in the adult and shall be ordered only to the extent necessitated by the adult’s actual and adaptive limitations after a determination that less restrictive alternatives to the guardianship are not available or appropriate.#