§ 93-20-428. Personal liability of conservator
Except as otherwise agreed by a conservator, the conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the conservatorship estate unless the conservator fails to reveal the conservator’s representative capacity in the contract or before entering into the contract. A conservator may be […]
§ 93-20-429. Removal of conservator; appointment of successor
The court may remove a conservator for failure to perform the conservator’s duties or other good cause and appoint a successor conservator to assume the duties of the conservator. The court must hold a hearing to determine whether to remove a conservator and appoint a successor on: A petition of the ward, conservator, or person […]
§ 93-20-430. Termination or modification of conservatorship
A conservatorship must be terminated when the minor becomes an adult, becomes emancipated, or dies; the termination must comply with Section 93-20-423, but a conservatorship may continue into adulthood when the court finds the ward qualifies for conservatorship as an adult under the provisions of subsections (5) and (6). A ward, the conservator, or a […]
§ 93-20-431. Transfer for benefit of minor without appointment of conservator
Unless a person required to transfer funds or other property to a minor knows that a conservator for the minor has been appointed or a proceeding is pending for conservatorship, the person may transfer an amount or value not exceeding Twenty-five Thousand Dollars ($25,000.00) in a twelve-month period to: A person who has care or […]
§ 93-20-421. Administrative powers of conservator not requiring court approval
Except as otherwise provided in Section 93-20-414 or qualified or limited in the court’s order of appointment and stated in the letters of conservatorship, a conservator has all powers granted in this section and any additional power granted to a trustee by law of this state other than this chapter. The court may authorize the […]
§ 93-20-422. Distribution from conservatorship estate
Except as otherwise provided in Section 93-20-414 or qualified or limited in the court’s order of appointment and stated in the letters of conservatorship, and unless contrary to a conservator’s plan under Section 93-20-419, the conservator may expend or distribute income or principal of the conservatorship estate for the support, care, education, health, or welfare […]
§ 93-20-423. Conservator’s report and accounting; monitoring
Except as otherwise provided under subsection (11), a conservator must file a report in a record regarding the administration of the conservatorship estate with the court annually unless the court otherwise directs, if provided by will, or made necessary by resignation or removal, or termination of the conservatorship. A conservator must petition the court for […]
§ 93-20-424. Attempted transfer of property by the ward
The interest of a ward in property included in the conservatorship estate is not transferrable or assignable by the ward and is not subject to levy, garnishment, or similar process for claims against the ward unless allowed under Section 93-20-427. If a ward enters into a contract after the right to enter the contract has […]
§ 93-20-425. Transaction involving conflict of interest
A transaction involving a conservatorship estate which is affected by a substantial conflict between the conservator’s fiduciary duties and personal interests is voidable unless the transaction is authorized by court order after notice to persons entitled to notice under Section 93-20-411(5) or a court order. A transaction affected by a substantial conflict includes a sale, […]
§ 93-20-426. Protection of person dealing with conservator
A person that assists or deals with a conservator in good faith and for value in any transaction, other than a transaction requiring a court order under Section 93-20-414, is protected as though the conservator properly exercised any power in question. Mere knowledge by a person that the person is dealing with a conservator does […]