Section 5–304. [Notice in Guardianship or Conservatorship Proceeding.]
(a) In a proceeding for the appointment of a guardian or conservator or for protective order, notice shall be given by the petitioner to:
(1) the person alleged to be incapacitated or the person to be protected, if 14 or more years of age, and the person's spouse and children, or, if none, parents, brothers and sisters, or, if none, heirs apparent or presumptive;
(2) any person who is serving as guardian, conservator, or who has the care or custody of the person or with whom the person has resided during the 60 days (exclusive of any period of hospitalization or institutionalization) preceding the filing of the petition;
(3) in case no other person is notified under paragraph (1), at least one of the nearest adult relatives, if any can be found;
(4) all other persons named in the petition;
(5) if the person is alleged to be mentally retarded, to the department of developmental services;
(6) the United States veteran's administration or its successor, if the person is entitled to any benefit, estate or income paid or payable by or through said administration or its successor; and
(7) any other person as directed by the court.
(b) Notice of hearing on a petition for an order subsequent to appointment of a guardian or conservator shall be given to the incapacitated person, person to be protected, the guardian, the conservator and any other person as ordered by the court.
(c) Notice shall be served personally on the person alleged to be incapacitated or the person to be protected. In all other cases, required notices shall be given as provided in section 1–401.
(d) A person alleged to be incapacitated or person to be protected may not waive notice.
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.