US Lawyer Database

§ 5-445. Cooperation between courts

(a) In a guardianship or protective proceeding in this Territory, the Court may request the appropriate court of another state to do any of the following: (1) hold an evidentiary hearing; (2) order a person in that state to produce evidence or give testimony pursuant to procedures of that state; (3) order that an evaluation […]

§ 5-446. Taking testimony in another state

(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The Court on its own motion may order that the testimony […]

§ 5-431. Termination of proceedings

(a) A conservatorship terminates upon the death of the protected person or upon order of the Court. Unless created for reasons other than that the protected person is a minor, a conservatorship created for a minor also terminates when the protected person attains majority or is emancipated. (b) Upon the death of a protected person, […]

§ 5-433. Foreign conservator; proof of authority; bond; powers

If a conservator has not been appointed in the Virgin Islands and a petition in a protective proceeding is not pending in the Virgin Islands, a conservator appointed in the jurisdiction in which the protected person resides may file in a court of the Virgin Islands, in a judicial division in which property belonging to […]

§ 5-434. Applicability; construction

(a) Article V, parts 1-4 apply to guardianship proceedings commenced on or after their effective date. (b) This article must be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this article among the jurisdictions enacting it. (c) Unless displaced by […]

§ 5-441. Short title

This part may be cited as the Virgin Islands Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.

§ 5-429. Presentation and allowance of claims

(a) A conservator may pay, or secure by encumbering assets of the estate, claims against the estate or against the protected person arising before or during the conservatorship upon their presentation and allowance in accordance with the priorities stated in subsection (d). A claimant may present a claim by: (1) sending or delivering to the […]

§ 5-430. Personal liability of conservator

(a) Except as otherwise agreed, a conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal in the contract the representative capacity and identify the estate. (b) A conservator is personally liable for obligations arising from […]

§ 5-421. Title by appointment

(a) The appointment of a conservator vests title in the conservator as trustee to all property of the protected person, or to the part thereof specified in the order, held at the time of appointment or thereafter acquired. An order vesting title in the conservator to only a part of the property of the protected […]