Current through the 2023 Regular Session
Section 72-5-305 - DefinitionsIn this part, unless the context requires otherwise, the following definitions apply:
(1) "Full guardian" means a guardian who possesses all the legal duties and powers enumerated in 72-5-321.(2) "Guardian" includes a full guardian and a limited guardian.(3) "Less restrictive alternative" means an approach to meeting a person's needs that restricts fewer rights of the person than would the appointment of a guardian. The term includes supported decisionmaking, appropriate technological assistance, and appointment of a representative payee.(4) "Limited guardian" means a guardian who possesses fewer than all of the legal duties and powers of a full guardian and whose rights, powers, and duties have been specifically enumerated by the court.(5) "Supported decisionmaking" means assistance from one or more persons of a person's choosing in: (a) understanding the nature and consequences of potential personal and financial decisions, which enables the person to make the decisions; and(b) communicating a decision, once made, if consistent with the person's wishes.Amended by Laws 2021, Ch. 40,Sec. 1, eff. 10/1/2021, and applicable to guardianship proceedings commenced on or after 10/1/2021.En. Sec. 1, Ch. 344, L. 1981.