Who has the authority to decide if the adjudicatory hearing is open or closed?

The authority to decide if an adjudicatory hearing is open or closed generally lies with the court, but the preferences of the alleged incapacitated person (AIP) and the court-appointed attorney play a significant role in this decision-making process.

In many cases, the AIP has the right to request that the hearing be closed to protect their privacy and sensitive information. The court-appointed attorney represents the interests of the AIP and can advocate for a closed hearing if it is in the AIP's best interest. This collaborative decision-making reflects the value placed on the rights and dignity of the AIP throughout the guardianship process.

While the judge ultimately makes the final determination on whether the hearing will be open or closed, the input from both the AIP and their attorney is critical. Their involvement ensures that the AIP’s views and wishes are taken into account, reinforcing the rights of individuals in guardianship proceedings.