reglab/housing_qa huggingface dataset:
V.I. Code tit. 15, § 5-302 (2019)
2019 US Virgin Islands Code|Title 15 - Virgin Islands Uniform Probate and Fiduciary Relations Code|Article V - Protection of Persons Under Disability and Their Property|Part 3 - Guardianship of Incapacitated Person|§ 5-302. Appointment of guardian by will or other writing

 (a) A parent, by will or other signed writing, may appoint a guardian for an unmarried child who the parent believes is an incapacitated person, specify desired limitations on the powers to be given to the guardian, and revoke or amend the appointment before confirmation by the Court. (b) An individual, by will or other signed writing, may appoint a guardian for the individual’s spouse who the appointing spouse believes is an incapacitated person, specify desired limitations on the powers to be given to the guardian, and revoke or amend the appointment before confirmation by the Court. (c) The incapacitated person, the person having care or custody of the incapacitated person if other than the appointing parent or spouse, or the adult nearest kinship to the incapacitated person may file a written objection to an appointment, unless the Court has confirmed the appointment under subsection (d). The filing of the written objection terminates the appointment. An objection may be withdrawn and, if withdrawn, is of no effect. The objection does not preclude judicial appointment of the person selected by the parent or spouse. Notice of the objection must be given to the guardian and any other person entitled to notice of the acceptance of the appointment. The Court may treat the filing of an objection as a petition for the appointment of an emergency guardian under section 5-312 or for the appointment of a limited or unlimited guardian under section 5-304 and proceed accordingly. (d) Upon petition of the appointing parent or spouse, and a finding that appointing parent or spouse will likely become unable to care for the incapacitated person within two years, and after notice as provided in this section, the Court, before the appointment becomes effective, may confirm the appointing parent’s or spouse’s selection of a guardian and terminate the rights of others to object.
V.I. Code tit. 15, § 5-303 (2019)
2019 US Virgin Islands Code|Title 15 - Virgin Islands Uniform Probate and Fiduciary Relations Code|Article V - Protection of Persons Under Disability and Their Property|Part 3 - Guardianship of Incapacitated Person|§ 5-303. Appointment of guardian by will or other writing; effectiveness; acceptance; confirmation

 (a) The appointment of a guardian under section 5-302 becomes effective upon the death of the appointing parent or spouse, the adjudication of incapacity of the appointing parent or spouse, or a written determination by a physician who has examined the appointing parent or spouse that the appointing parent or spouse is no longer able to care for the incapacitated person, whichever first occurs. (b) A guardian appointed under section 5-302 becomes eligible to act upon the filing of an acceptance of appointment, which must be filed within 30 days after the guardian’s appointment becomes effective. The guardian shall: (1) file the notice of acceptance of appointment and a copy of the will with the Court of the judicial district in which the will was or could be probated or, in the case of another appointing instrument, file the acceptance of appointment and the appointing instrument with the Court in the judicial division in which the incapacitated person resides or is present; and (2) give written notice of the acceptance of appointment to the appointing parent or spouse if living, the incapacitated person, a person having care or custody of the incapacitated person other than the appointing parent or spouse, and the adult nearest in kinship. (c) Unless the appointment was previously confirmed by the Court, the notice given under subsection (b)(2) must include a statement of the right of those notified to terminate the appointment by filing a written objection as provided in section 5-302. (d) An appointment effected by filing the guardian’s acceptance under a will probated in the State of the testator’s domicile is effective in the Virgin Islands. (e) Unless the appointment was previously confirmed by the Court, within 30 days after filing the notice and the appointing instrument, a guardian appointed under section 5-302 shall file a petition in the Court for confirmation of the appointment. Notice of the filing must be given in the manner provided in section 5-309. (f) The authority of a guardian appointed under section 5-302 terminates upon the appointment of a guardian by the Court or the giving of written notice to the guardian of the filing of an objection pursuant to section 5-302, whichever first occurs. (g) The appointment of a guardian under this section is not a determination of incapacity. (h) The powers of a guardian who timely complies with the requirements of subsections (b) and (e) relate back to give acts by the guardian which are of benefit to the incapacitated person and occurred on or after the date the appointment became effective the same effect as those that occurred after the filing of the acceptance of appointment.
V.I. Code tit. 15, § 5-304 (2019)
2019 US Virgin Islands Code|Title 15 - Virgin Islands Uniform Probate and Fiduciary Relations Code|Article V - Protection of Persons Under Disability and Their Property|Part 3 - Guardianship of Incapacitated Person|§ 5-304. Judicial appointment of guardian; petition

 (a) An individual or a person interested in the individual’s welfare may petition for a determination of incapacity, in whole or in part, and for the appointment of a limited or unlimited guardian for the individual. (b) The petition must set forth the petitioner’s name, residence, current address if different, relationship to the respondent, and interest in the appointment and, to the extent known, state or contain the following with respect to the respondent and the relief requested: (1) the respondent’s name, age, principal residence, current street address, and, if different, the address of the dwelling in which it is proposed that the respondent will reside if the appointment is made; (2) the name and address of the respondent’s: (A) spouse, or if the respondent has none, an adult with whom the respondent has resided for more than six months before the filing of the petition; and (B) adult children or, if the respondent has none, the respondent’s parents and adult brothers and sisters, or if the respondent has none, at least one of the adults nearest in kinship to the respondent who can be found; (3) the name and address of any person responsible for care or custody of the respondent; (4) the name and address of any legal representative of the respondent; (5) the name and address of any person nominated as guardian by the respondent; (6) the name and address of any proposed guardian and the reason why the proposed guardian should be selected; (7) the reason why guardianship is necessary, including a brief description of the nature and extent of the respondent’s alleged incapacity; (8) if an unlimited guardianship is requested, the reason why limited guardianship is inappropriate and, if a limited guardianship is requested, the powers to be granted to the limited guardian; and (9) a general statement of the respondent’s property with an estimate of its value, including any insurance or pension, and the source and amount of any other anticipated income or receipts.
V.I. Code tit. 15, § 5-305 (2019)
2019 US Virgin Islands Code|Title 15 - Virgin Islands Uniform Probate and Fiduciary Relations Code|Article V - Protection of Persons Under Disability and Their Property|Part 3 - Guardianship of Incapacitated Person|§ 5-305. Judicial appointment of guardian; preliminaries to hearing

 (a) Upon receipt of a petition to establish a guardianship, the Court shall set a date and time for hearing the petition and appoint a visitor. The duties and reporting requirements of the visitor are limited to the relief requested in the petition. The visitor must be an individual having training or experience in the type of incapacity alleged. (b) Unless the respondent is represented by a lawyer, the Court shall appoint a lawyer to represent the respondent in the proceeding. (c) The visitor shall interview the respondent in person and, to the extent that the respondent is able to understand: (1) explain to the respondent the substance of the petition, the nature, purpose, and effect of the proceeding, the respondent’s rights at the hearing, and the general powers and duties of a guardian; (2) determine the respondent’s views about the proposed guardian, the proposed guardian’s powers and duties, and the scope and duration of the proposed guardianship; (3) inform the respondent of the right to employ and consult with a lawyer at the respondent’s own expense and the right to request a court-appointed lawyer; and (4) inform the respondent that all costs and expenses of the proceeding, including respondent’s attorney’s fees, will be paid from the respondent’s estate. (d) In addition to the duties imposed by subsection (c), the visitor shall: (1) interview the petitioner and the proposed guardian; (2) visit the respondent’s present dwelling and any dwelling in which the respondent will live if the appointment is made; (3) obtain information from any physician or other person who is known to have treated, advised, or assessed the respondent’s relevant physical or mental condition; and (4) make any other investigation the Court directs. (e) The visitor shall promptly file a report in writing with the Court, which must include: (1) a summary of daily functions the respondent can manage without assistance, could manage with the assistance of supportive services or benefits, including use of appropriate technological assistance, and cannot manage; (2) recommendations regarding the appropriateness of guardianship, including as to whether less restrictive means of intervention are available, the type of guardianship, and, if a limited guardianship, the powers to be granted to the limited guardian; (3) a statement of the qualifications of the proposed guardian, together with a statement as to whether the respondent approves or disapproves of the guardian, and the powers and duties proposed or the scope of the guardianship; (4) a statement as to whether the proposed dwelling meets the respondent’s individual needs; (5) a recommendation as to whether a professional evaluation or further evaluation is necessary; and (6) any other matters the Court directs.
V.I. Code tit. 15, § 5-306 (2019)
2019 US Virgin Islands Code|Title 15 - Virgin Islands Uniform Probate and Fiduciary Relations Code|Article V - Protection of Persons Under Disability and Their Property|Part 3 - Guardianship of Incapacitated Person|§ 5-306. Judicial appointment of guardian; professional evaluation

 At or before a hearing under this part, the Court may order a professional evaluation of the respondent and shall order the evaluation if the respondent so demands. If the Court orders the evaluation, the respondent must be examined by a physician, psychologist, or other individual appointed by the Court who is qualified to evaluate the respondent’s alleged impairment. The examiner shall promptly file a written report with the Court. Unless otherwise directed by the Court, the report must contain: (1) a description of the nature, type, and extent of the respondent’s specific cognitive and functional limitations; (2) an evaluation of the respondent’s mental and physical condition and, if appropriate, educational potential, adaptive behavior, and social skills; (3) a prognosis for improvement and a recommendation as to the appropriate treatment or habilitation plan; and (4) the date of any assessment or examination upon which the report is based.
V.I. Code tit. 15, § 5-307 (2019)
2019 US Virgin Islands Code|Title 15 - Virgin Islands Uniform Probate and Fiduciary Relations Code|Article V - Protection of Persons Under Disability and Their Property|Part 3 - Guardianship of Incapacitated Person|§ 5-307. Confidentiality of records

 The written report of a visitor and any professional evaluation are confidential and must be sealed upon filing, but are available to: (1) the Court; (2) the respondent without limitation as to use; (3) the petitioner, the visitor, and the petitioner’s and respondent’s lawyers, for purposes of the proceeding; and (4) other persons for such purposes as the Court may order for good cause.
V.I. Code tit. 15, § 5-308 (2019)
2019 US Virgin Islands Code|Title 15 - Virgin Islands Uniform Probate and Fiduciary Relations Code|Article V - Protection of Persons Under Disability and Their Property|Part 3 - Guardianship of Incapacitated Person|§ 5-308. Judicial appointment of guardian; presence and rights at hearing

 (a) Unless excused by the Court for good cause, the proposed guardian shall attend the hearing. The respondent shall attend and participate in the hearing, unless excused by the Court for good cause. The respondent may present evidence and subpoena witnesses and documents; examine witnesses, including any court-appointed physician, psychologist, or other individual qualified to evaluate the alleged impairment, and the visitor; and otherwise participate in the hearing. The hearing may be held in a location convenient to the respondent and may be closed upon the request of the respondent and a showing of good cause. (b) Any person may request permission to participate in the proceeding. The Court may grant the request, with or without hearing, upon determining that the best interest of the respondent will be served. The Court may attach appropriate conditions to the participation.
V.I. Code tit. 15, § 5-309 (2019)
2019 US Virgin Islands Code|Title 15 - Virgin Islands Uniform Probate and Fiduciary Relations Code|Article V - Protection of Persons Under Disability and Their Property|Part 3 - Guardianship of Incapacitated Person|§ 5-309. Notice

 (a) A copy of a petition for guardianship and notice of the hearing on the petition must be served personally on the respondent. The notice must include a statement that the respondent must be physically present unless excused by the Court, inform the respondent of the respondent’s rights at the hearing, and include a description of the nature, purpose, and consequences of an appointment. A failure to serve the respondent with a notice substantially complying with this subsection precludes the Court from granting the petition. (b) In a proceeding to establish a guardianship, notice of the hearing must be given to the persons listed in the petition. Failure to give notice under this subsection does not preclude the appointment of a guardian or the making of a protective order. (c) Notice of the hearing on a petition for an order after appointment of a guardian, together with a copy of the petition, must be given to the ward, the guardian, and any other person the Court directs. (d) A guardian shall give notice of the filing of the guardian’s report, together with a copy of the report, to the ward and any other person the Court directs. The notice must be delivered or sent within 14 days after the filing of the report.
V.I. Code tit. 15, § 5-310 (2019)
2019 US Virgin Islands Code|Title 15 - Virgin Islands Uniform Probate and Fiduciary Relations Code|Article V - Protection of Persons Under Disability and Their Property|Part 3 - Guardianship of Incapacitated Person|§ 5-310. Who may be guardian; priorities

 (a) Subject to subsection (c), the Court in appointing a guardian shall consider persons otherwise qualified in the following order of priority: (1) a guardian, other than a temporary or emergency guardian, currently acting for the respondent in the Virgin Islands or elsewhere; (2) a person nominated as guardian by the respondent, including the respondent’s most recent nomination made in a durable power of attorney, if at the time of the nomination the respondent had sufficient capacity to express a preference; (3) an agent appointed by the respondent under the durable power of attorney for health care; (4) the spouse of the respondent or a person nominated by will or other signed writing of a deceased spouse; (5) an adult child of the respondent; (6) a parent of the respondent, or an individual nominated by will or other signed writing of a deceased parent; and (7) an adult with whom the respondent has resided for more than six months before the filing of the petition. (b) With respect to persons having equal priority, the Court shall select the one it considers best qualified. The Court, acting in the best interest of the respondent, may decline to appoint a person having priority and appoint a person having a lower priority or no priority. (c) An owner, operator, or employee of a long-term-care institution at which the respondent is receiving care may not be appointed as guardian unless related to the respondent by blood, marriage, or adoption.
V.I. Code tit. 15, § 5-311 (2019)
2019 US Virgin Islands Code|Title 15 - Virgin Islands Uniform Probate and Fiduciary Relations Code|Article V - Protection of Persons Under Disability and Their Property|Part 3 - Guardianship of Incapacitated Person|§ 5-311. Findings; order of appointment

 (a) The Court may: (1) appoint a limited or unlimited guardian for a respondent only if it finds by clear and convincing evidence that: (A) the respondent is an incapacitated person; and (B) the respondent’s identified needs cannot be met by less restrictive means, including use of appropriate technological assistance; or (2) with appropriate findings, treat the petition as one for a protective order under section 5-401, enter any other appropriate order, or dismiss the proceeding. (b) The Court, whenever feasible, shall grant to a guardian only those powers necessitated by the ward’s limitations and demonstrated needs and make appointive and other orders that will encourage the development of the ward’s maximum self-reliance and independence. (c) Within 14 days after an appointment, a guardian shall send or deliver to the ward and to all other persons given notice of the hearing on the petition a copy of the order of appointment, together with a notice of the right to request termination or modification.
V.I. Code tit. 15, § 5-312 (2019)
2019 US Virgin Islands Code|Title 15 - Virgin Islands Uniform Probate and Fiduciary Relations Code|Article V - Protection of Persons Under Disability and Their Property|Part 3 - Guardianship of Incapacitated Person|§ 5-312. Emergency guardian

 (a) If the Court finds that compliance with the procedures of this part will likely result in substantial harm to the respondent’s health, safety, or welfare, and that no other person appears to have authority and willingness to act in the circumstances, the Court, on petition by a person interested in the respondent’s welfare, may appoint an emergency guardian whose authority may not exceed 60 days and who may exercise only the powers specified in the order. Immediately upon receipt of the petition for an emergency guardianship, the Court shall appoint a lawyer to represent the respondent in the proceeding. Except as otherwise provided in subsection (b), reasonable notice of the time and place of a hearing on the petition must be given to the respondent and any other persons as the Court directs. (b) An emergency guardian may be appointed without notice to the respondent and the respondent’s lawyer only if the Court finds from affidavit or testimony that the respondent will be substantially harmed before a hearing on the appointment can be held. If the Court appoints an emergency guardian without notice to the respondent, the respondent must be given notice of the appointment within 48 hours after the appointment. The Court shall hold a hearing on the appropriateness of the appointment within five days after the appointment. (c) Appointment of an emergency guardian, with or without notice, is not a determination of the respondent’s incapacity. (d) The Court may remove an emergency guardian at any time. An emergency guardian shall make any report the Court requires. In other respects, the provisions of this article concerning guardians apply to an emergency guardian.
V.I. Code tit. 15, § 5-313 (2019)
2019 US Virgin Islands Code|Title 15 - Virgin Islands Uniform Probate and Fiduciary Relations Code|Article V - Protection of Persons Under Disability and Their Property|Part 3 - Guardianship of Incapacitated Person|§ 5-313. Temporary substitute guardian

 (a) If the Court finds that a guardian is not effectively performing the guardian’s duties and that the welfare of the ward requires immediate action, it may appoint a temporary substitute guardian for the ward for a specified period not exceeding six months. Except as otherwise ordered by the Court, a temporary substitute guardian so appointed has the powers set forth in the previous order of appointment. The authority of any unlimited or limited guardian previously appointed by the Court is suspended as long as a temporary substitute guardian has authority. If an appointment is made without previous notice to the ward or the affected guardian, the Court, within five days after appointment, shall inform the ward or guardian of the appointment. (b) The Court may remove a temporary substitute guardian at any time. A temporary substitute guardian shall make any report the Court requires. In other respects, the provisions of this Article concerning guardians apply to a temporary substitute guardian.
V.I. Code tit. 15, § 5-314 (2019)
2019 US Virgin Islands Code|Title 15 - Virgin Islands Uniform Probate and Fiduciary Relations Code|Article V - Protection of Persons Under Disability and Their Property|Part 3 - Guardianship of Incapacitated Person|§ 5-314. Duties of guardian

 (a) Except as otherwise limited by the Court, a guardian shall make decisions regarding the ward’s support, care, education, health, and welfare. A guardian shall exercise authority only as necessitated by the ward’s limitations and, to the extent possible, shall encourage the ward to participate in decisions, act on the ward’s own behalf, and develop or regain the capacity to manage the ward’s personal affairs. A guardian, in making decisions, shall consider the expressed desires and personal values of the ward to the extent known to the guardian. A guardian at all times shall act in the ward’s best interest and exercise reasonable care, diligence, and prudence. (b) A guardian shall: (1) become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of the ward’s capacities, limitations, needs, opportunities, and physical and mental health; (2) take reasonable care of the ward’s personal effects and bring protective proceedings if necessary to protect the property of the ward; (3) expend money of the ward that has been received by the guardian for the ward’s current needs for support, care, education, health, and welfare; (4) conserve any excess money of the ward for the ward’s future needs, but if a conservator has been appointed for the estate of the ward, the guardian shall pay the money to the conservator, at least quarterly, to be conserved for the ward’s future needs; (5) immediately notify the Court if the ward’s condition has changed so that the ward is capable of exercising rights previously removed; and (6) inform the Court of any change in the ward’s custodial dwelling or address.