§ 5-428. Death of protected person
(a) If a protected person dies, the conservator shall deliver to the Court for safekeeping any will of the protected person which may have come into the conservator’s possession, inform the personal representative or beneficiary named in the will of the delivery, and retain the estate for delivery to the personal representative of the decedent […]
§ 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 […]
§ 5-416. Terms and requirements of bond
(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 […]
§ 5-417. Compensation and expenses
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 […]
§ 5-418. General duties of conservator; plan
(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 […]
§ 5-419. Inventory; records
(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 […]
§ 5-420. Reports; appointment of visitor; monitoring
(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 […]
§ 5-411. Required court approval
(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; […]