Order appointing guardian or conservator

475.079. Order appointing guardian or conservator. — 1. If it appears to the court or if it is found by the jury or the court upon proof by clear and convincing evidence that the person for whom a guardian is sought is incapacitated as defined in this law and that the respondent's identified needs cannot be met by a less restrictive alternative, the court may appoint a guardian of the person.

2. If it is found that the person for whom a conservator of the estate is sought is a minor or is disabled as defined in section 475.010 by a disability other than or in addition to minority and that the respondent's identified needs cannot be met by a less restrictive alternative, the court may appoint a conservator of the estate, who may be the same person appointed guardian of the person.

3. The court shall not appoint the public administrator to serve as guardian, limited guardian, conservator, limited conservator, emergency guardian, emergency conservator, guardian ad litem, or conservator ad litem unless notice is first given to the public administrator as provided in subsection 3 of section 475.075 and the public administrator has an opportunity to participate in any hearing on such matter, including the right to cross examine witnesses and to offer witnesses and evidence. The public administrator may waive notice and the opportunity to participate.