Upon petition and after notice and hearing, the Court may appoint a limited or unlimited conservator or make any other protective order provided in this part in relation to the estate and affairs of: (1) a minor, if the Court determines that the minor owns money or property requiring management or protection that cannot otherwise […]
After the service of notice in a proceeding seeking a conservatorship or other protective order and until termination of the proceeding, the court in which the petition is filed has: (1) exclusive jurisdiction to determine the need for a conservatorship or other protective order; (2) exclusive jurisdiction to determine how the estate of the protected […]
(a) The following may petition for the appointment of a conservator or for any other appropriate protective order: (1) the person to be protected; (2) an individual interested in the estate, affairs, or welfare of the person to be protected, including a parent, guardian, or custodian; or (3) a person who would be adversely affected […]
(a) A copy of the petition and the notice of hearing on a petition for conservatorship or other protective order must be served personally on the respondent, but if the respondent’s whereabouts is unknown or personal service cannot be made, service on the respondent must be made by substituted service or publication. The notice must […]
(a) Upon the filing of a petition to establish a conservatorship or for another protective order for the reason that the respondent is a minor, the Court shall set a date for hearing. If the Court determines at any stage of the proceeding that the interests of the minor are or may be inadequately represented, […]
(a) Upon the filing of a petition for a conservatorship or other protective order for a respondent for reasons other than being a minor, the Court shall set a date for hearing. The Court shall appoint a visitor unless the petition does not request the appointment of a conservator and the respondent is represented by […]
The written report of a visitor and any professional evaluation are confidential and must be sealed upon filing, but are available to: (1) the Court; (2) the respondent without limitation as to use; (3) the petitioner, the visitor, and the petitioner’s and respondent’s lawyers, for purposes of the proceeding; and (4) other persons for such […]
(a) Unless excused by the Court for good cause, a proposed conservator shall attend the hearing. The respondent shall attend and participate in the hearing, unless excused by the Court for good cause. The respondent may present evidence and subpoena witnesses and documents, examine witnesses, including any court-appointed physician, psychologist, or other individual qualified to […]
(a) If a proceeding is brought for the reason that the respondent is a minor, after a hearing on the petition, upon finding that the appointment of a conservator or other protective order is in the best interest of the minor, the Court shall make an appointment or other appropriate protective order. (b) If a […]
(a) After hearing and upon determining that a basis for a conservatorship or other protective order exists, the Court has the following powers, which may be exercised directly or through a conservator: (1) with respect to a minor for reasons of age, all the powers over the estate and business affairs of the minor which […]
(a) After notice to interested persons and upon express authorization of the Court, a conservator may: (1) make gifts, except as otherwise provided in section 5-427(b); (2) convey, release, or disclaim contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entireties; […]
(a) If a basis is established for a protective order with respect to an individual, the Court, without appointing a conservator, may: (1) authorize, direct, or ratify any transaction necessary or desirable to achieve any arrangement for security, service, or care meeting the foreseeable needs of the protected person, including: (A) payment, delivery, deposit, or […]
(a) Except as otherwise provided in subsection (d), the Court, in appointing a conservator, shall consider persons otherwise qualified in the following order of priority: (1) a conservator, guardian of the estate, or other like fiduciary appointed or recognized by an appropriate court of any other jurisdiction in which the protected person resides; (2) a […]
(a) A protected person or a person interested in the welfare of a protected person may file a petition in the appointing Court for an order: (1) requiring bond or collateral or additional bond or collateral, or reducing bond; (2) requiring an accounting for the administration of the protected person’s estate; (3) directing distribution; (4) […]
The Court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservatorship according to law, with sureties as it may specify. Unless otherwise directed by the Court, the bond must be in the amount of the aggregate capital value of the property of the estate in the […]
(a) The following rules apply to any bond required: (1) Except as otherwise provided by the terms of the bond, sureties and the conservator are jointly and severally liable. (2) By executing the bond of a conservator, a surety submits to the jurisdiction of the court that issued letters to the primary obligor in any […]
If not otherwise compensated for services rendered, a guardian, conservator, lawyer for the respondent, lawyer whose services resulted in a protective order or in an order beneficial to a protected person’s estate, or any other person appointed by the Court is entitled to reasonable compensation from the estate. Compensation may be paid and expenses reimbursed […]
(a) A conservator, in relation to powers conferred by this part or implicit in the title acquired by virtue of the proceeding, is a fiduciary and shall observe the standards of care applicable to a trustee. (b) A conservator may exercise authority only as necessitated by the limitations of the protected person, and to the […]
(a) Within 60 days after appointment, a conservator shall prepare and file with the appointing Court a detailed inventory of the estate subject to the conservatorship, together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. (b) A conservator shall keep records of the […]
(a) A conservator shall report to the Court for administration of the estate annually unless the Court otherwise directs, upon resignation or removal, upon termination of the conservatorship, and at other times as the Court directs. An order, after notice and hearing, allowing an intermediate report of a conservator adjudicates liabilities concerning the matters adequately […]
