(1) The court may appoint a guardian for an adult when the respondent lacks the ability to meet essential requirements for physical health, safety or self-care because:
(a) The adult is unable to receive and evaluate information or make or communicate decisions, even with appropriate supportive services or technological assistance; or
(b) The adult is found to be a person with mental illness or a person with an intellectual disability as defined in Section 41-21-61 who is also incapable of taking care of his or her person.
(2) The court shall grant to a guardian appointed under subsection (1) only those powers necessitated by the limitations and demonstrated needs of the ward and must enter orders that will encourage the development of the ward’s maximum self-determination and independence. The court must consider any less restrictive alternative that would meet the needs of the ward.
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