1. On petition and after notice and hearing, the court may appoint a guardian for an adult ifthe court finds by clear and convincing evidence that allof the following are true: a. The decision-making capacity of the respondent is so impaired that the respondent is unable to care for the respondent’s safety, or to provide for necessities such as food, shelter, clothing, or medical care without which physical injury or illness may occur. b. The appointment of a guardian isin the best interest of the respondent. 2. Section 633.551 applies to the appointment of a guardian under subsection 1. 3. Ifthe court appoints a guardian based upon the mental incapacity of the protected person because the protected person has an intellectual disability, as defined in section 4.1, the court shall make a separate determination as to the protected person’s competency to vote. The court shall find a protected person incompetent to vote only upon determining that the person lacks sufficient mental capacity to comprehend and exercise the right to vote.
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