Rule 1-004.1.Guardianship and conservatorship proceedings; process

This rule sets a distinct process track for appointing a guardian or conservator under Chapter 45, Article 5, Parts 3 and 4. It does not apply to temporary appointments under Sections 45-5-310 or 45-5-408. Within five days of a petition, the court sets a hearing—no sooner than sixty days out—and issues a notice of hearing and rights for the alleged incapacitated person. That notice takes the place of a summons, and the court hands it to the petitioner to serve.

Service on the alleged incapacitated person must be personal and is the exclusive method: a copy of the notice and petition is delivered to the person, and if the person refuses, the process may be left where the person is found—refusal still counts as valid service. No other method works, and the court will not grant the petition without it. Process must be served within eleven days of issuance, by a guardian ad litem or a disinterested adult, with prompt proof of service filed under Rule 1-011. Interested persons are then served within eleven days under Rule 1-005, and in a conservatorship for a minor, process is served personally on whoever has legal authority over the minor.