14-5304.01. Effect of appointment of guardian on privilege to operate a motor vehicle

A. On the appointment of a guardian, the court may determine that the ward's privilege to obtain or retain a driver license should be suspended and issue an order suspending the privilege.

B. If the court is presented with sufficient medical or other evidence to establish that the ward's incapacity does not prevent the ward from safely operating a motor vehicle, it may decline to suspend the ward's privilege to obtain or retain a driver license and issue an order allowing the ward to obtain or retain a driver license.

C. The finding of interim incapacity pursuant to section 14-5310 does not cause the suspension of the ward's privilege to obtain or retain a driver license or to operate a motor vehicle pursuant to section 28-3153 unless the court also finds that the interim incapacity affects the ward's ability to safely operate a motor vehicle and that the privilege should be immediately suspended. In lieu of ordering the ward's driver license suspended, the court may order the ward not to drive a motor vehicle until the ward presents sufficient medical or other evidence to establish that the ward's interim incapacity does not affect the ward's ability to safely operate a motor vehicle. The ward may present the medical or other evidence by motion to the court. The court may rule on the motion without hearing if there are no objections to the motion.

D. A ward whose privilege to obtain or retain a driver license has been suspended or revoked by court order may file a request to terminate the suspension or revocation and reinstate the privilege. In reaching its decision the court shall consider medical evidence that the ward's incapacity does not prevent the ward from safely operating a motor vehicle and may consider other evidence, including a certificate of graduation from an accredited driving school with a recommendation that the ward should be extended driving privileges. If the court grants the order terminating the suspension or revocation and reinstating the privilege, the ward may apply to the department of transportation for the issuance or reinstatement of a driver license and must comply with all applicable department rules.

E. An order terminating a temporary or permanent guardianship is an order terminating any incapacity previously adjudicated and vacates any previous orders suspending or revoking the person's privilege to obtain or retain a driver license. The person may apply to the department of transportation for the issuance or reinstatement of a driver license and must comply with all applicable department rules.