US Lawyer Database

§ 5-412. Protective arrangements and single transactions

(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 […]

§ 5-413. Who may be conservator; priorities

(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 […]

§ 5-414. Petition for order subsequent to appointment

(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) […]

§ 5-415. Bond

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 […]

§ 5-406. Original petition: preliminaries to hearing

(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 […]

§ 5-407. Confidentiality of records

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 […]

§ 5-408. Original petition: procedure at hearing

(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 […]

§ 5-409. Original petition: orders

(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 […]

§ 5-410. Powers of court

(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 […]

§ 5-403. Original petition for appointment of conservator or other protective order

(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 […]