to be conducted between the parties and the incapacitated
person prior to the hearing. If mediation results in
agreement of the parties and the incapacitated person with
regard to communication, visitation or interaction with the
incapacitated person, the agreement shall be approved and
incorporated in an order by the court.
(2) If the petition states that the incapacitated
person's health is in significant decline or that the
incapacitated person's death may be imminent, the court shall
conduct an emergency hearing as soon as practicable, but no
later than 10 days after the petition is filed.
(3) When a scheduling order is issued for a petition
filed under paragraph (2), the court shall also order that
supervised communication, visitation or interaction with the
incapacitated person be granted during the period prior to
the hearing.
(4) Notice of the hearing, a copy of the petition and a
copy of any order issued under paragraph (3), if applicable,
shall be personally served on the incapacitated person and
any person against whom the petition is filed.
(5) Nothing in this subsection may be construed to
affect the incapacitated person's right to appear and be
heard in the proceedings.
(f) Costs and reasonable attorney fees.--
(1) The court, in its discretion, may award the
prevailing party in an action brought under this section
court costs and reasonable attorney fees, provided that an
award of court costs and reasonable attorney fees may not be
paid out of the incapacitated person's estate.
(2) The court, upon petition or upon its own initiative,
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