KSC, TITLE 6.  THE JUDICIARY
 
Chapter 37.  Guardianship

Section 6.3701.  Jurisdiction.
Section 6.3702.  Definitions.
Section 6.3703.  Natural guardian of person alleged to be incapacitated; other persons who may be appointed as a guardian.
Section 6.3704.  Procedure for court appointment of a guardian of an incapacitated person.
Section 6.3705.  Finding; order of appointment.
Section 6.3706.  Termination of guardianship for incapacitated person.
Section 6.3707.  Removal or resignation of guardian; termination of incapacity.
Section 6.3708.  Notices in guardianship proceedings.

      Section 6.3701.  Jurisdiction.
       The Court has jurisdiction over guardianship proceedings.  The court has jurisdiction to appoint guardians of minors and adult persons.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.

      Section 6.3702.  Definitions.
       In this chapter:

     (1)  "Guardian" is a person appointed by the court to oversee the personal, financial and or business affairs of the person.

     (2)  "Guardianship proceeding" is a proceeding to appoint a guardian for an incapacitated person.

     (3)  "Incapacitated person" means any person who is impaired by reason of mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, chronic intoxication, minority or other cause to the extent that the person lacks sufficient understanding or capacity to make or communicate responsible decisions concerning one. s person.

     (4)  A "ward" is a person for whom a guardian has been appointed.

      Section 6.3703.  Natural guardian of person alleged to be incapacitated; other persons who may be appointed as a guardian.

     (1)  The father and mother of an incapacitated person are jointly and severally the natural guardians of his person and property.  If either parent dies or abandons the family or is incapable for ant reason to act as guardian, the guardianship is transferred upon the other parent.  When the parents live apart, the court may award guardianship to either of them, having special regard to the interests of the incapacitated person.  Under this subsection, the father and mother are those persons who have been caring for the incapacitated person at the time of the filing of the petition.  The father and mother may be biological or adoptive parents.

     (2)  If neither of the parents of the incapacitated person is available to act as guardian pursuant to subsection (1), subsection (2), the court shall determine and appoint, after [reasonable] inquiry, any other citizen residing in the State who is willing, able and suitable to be appointed as guardian for the incapacitated person.

      Section 6.3704.  Procedure for court appointment of a guardian of an incapacitated person.

     (1)  The incapacitated person or any person interested in his welfare may petition the court for a finding of incapacity and appointment of a guardian for the person.

     (2)  After the filing of the petition, the court shall set a date for hearing on the issue of incapacity.  The petition shall be subject to the requirements of notice as specified in section 6.3708.

     (3)  The court may order the person alleged to be incapacitated be examined by a licensed physician or psychologist appointed by the court, who shall submit a report in writing to the court within 20 days of the examination.  The physician or psychologist may also be required to testify in court regarding the examination, the results and opinions regarding the person alleged to be incapacitated.

     (4)  The person seeking to be appointed as guardian shall submit information relating to the proposed residence and care of the person alleged to be incapacitated.  Such information shall be submitted in the petition.

     (5)  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 counsel, to present evidence, to cross-examine [witnesses] including any person submitting a report.  The issue of capacity may be determined at a [closed] hearing.

      Section 6.3705.  Finding; order of appointment.
       The court may appoint any competent person, subject to 6.3703, whose appointment would be in the best interest of the alleged incapacitated person, as a guardian if the court is satisfied that the person for whom the guardian is sought is incapacitated, and that the appointment is necessary or desirable as a means of providing continuing care and supervision of the person.   The order of appointment may limit or otherwise modify the power of the guardian and may specify areas in which the ward shall retain the power to make and carry out decisions concerning the ward's person.  The court may make any other order necessary in the best interest of the incapacitated person, including, but not limited to, [an] accounting of the funds and assets of the guardian's ward.

      Section 6.3706.  Termination of guardianship for incapacitated person.

     (1)  The authority and responsibility of a guardian for an incapacitated  person terminates upon the death of the guardian or the ward, the determination of incapacity of the guardian, or upon removal or resignation as provided in section 6.3707.  Termination does not affect the guardian's liability for prior acts and the guardian's obligation to account for funds and assets of the guardian's ward.

     (2)  The ward, the guardian of the ward , or any other interested person may petition the court to terminate the guardianship.  A ward seeking termination of guardianship is entitled to the same rights and procedures as in an original proceeding for appointment of a guardian under section 6.3704. The court, upon determining that the disability or incapacity of the ward has ceased, may terminate the guardianship and make other orders as necessary for the best interest of the former ward.

      Section 6.3707.  Removal or resignation of guardian; termination of incapacity.

     (1)  On petition of the ward or any person interested in the ward's welfare, the court may remove a guardian and appoint a successor if in the best interest of the ward.  On petition of the guardian, the court may accept the [guardian's] resignation and make any other order which may be appropriate and in the best interest of the ward.

     (2)  The ward or any person interested in the ward's welfare may petition for an order that the ward is no longer incapacitated, and for removal resignation of the guardian.  A request for this order may be made by informal letter to the court.

     (3)  Before removing a guardian, accepting the resignation of a guardian, or ordering that a ward's incapacity has terminated, the court shall follow the procedures in section 6.3704 to safeguard the rights of the ward.

     (4)  The notice provisions in Section 6.3708 shall apply to petition for removal or resignation of the guardian under this section.

      Section 6.3708.  Notices in guardianship proceedings.

     (1)  In a proceeding for the appointment, resignation or removal of a guardian for an incapacitated person, notice of the time and place of hearing shall be given by the petitioner to each of the following:

     (a)  The ward or person alleged to be incapacitated, for whom the proceeding has been commenced and the ward. s or person. s spouse, parents and adult children;

     (b)  Any person who is serving as the guardian of the ward or person; and

     (c)  In case no other person is notified under paragraph (a), at least one of the ward's or person's closest adult relatives, if any can be found.

     (2)  Notice shall be served personally on the ward or alleged incapacitated person, the person's spouse, the person's parents, and the person's adult children, if they can be found within the State.  Those persons who cannot be found within the State and whose address is known shall be given notice by certified mail, return receipt requested.  In addition to service upon persons specified in subsection (1), a copy of any petition for the appointment, resignation or removal of a guardian of an incapacitated person shall be posted at the FSM Post Office in Tofol, and at all Municipal Offices for a period of not less than 30 days prior to the date of the hearing.

Background
Added by State Law 6-142.

Cross reference:
The constitutional provisions on the Judiciary are found in Kosrae Const., Art. VI.
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