For a minor. The court may appoint a conservator for the property or financial affairs of a minor if the court finds by clear and convincing evidence that appointment of a conservator is in the minor’s best interest, and: If the minor has a parent, the court gives weight to any recommendation of the parent […]
A person interested in the estate, financial affairs, or welfare of the individual, including a person that would be adversely affected by lack of effective management of property or financial affairs of the individual, may petition for the appointment of a conservator for the individual. The proceeding may be instituted by the chancellor or clerk […]
On receipt of a petition under Section 93-20-402 for appointment of a conservator for a respondent, the court must set a date, time, and place for a hearing on the petition and shall cause not less than seven (7) days’ notice thereof to be given to the person for whom the conservator is to be […]
While a petition under Section 93-20-402 is pending, after preliminary hearing and without notice to others, the court may issue an order to preserve and apply property of the respondent as required for the support of the respondent or an individual who is in fact dependent on the respondent.
The court may appoint a guardian ad litem to any respondent and allow suitable compensation payable out of the estate of the respondent, but the appointment shall not be made unless the court considers it necessary for the protection of the interest of the respondent; a judgment of any court is not void or erroneous […]
If the respondent in a proceeding for appointment of a conservator is not represented by an attorney, the court, in its discretion, may appoint an attorney to represent the respondent.
The chancery court must conduct a hearing to determine whether a conservator is needed for the respondent. Before the hearing, the court, in its discretion, may appoint a guardian ad litem to look after the interest of the person in question, and the guardian ad litem must be present at the hearing and present the […]
At a hearing under Section 93-20-403, the respondent may: Present evidence and subpoena witnesses and documents; Examine witnesses; and Otherwise participate in the hearing. Unless excused by the court for good cause, a proposed conservator must attend a hearing under Section 93-20-403. A hearing under Section 93-20-403 must be closed on request of the respondent […]
An individual subject to a proceeding for a conservatorship, an attorney designated by the respondent or ward, and a person entitled to notice either under Section 93-20-411(5) or court order may access court records of the proceeding and resulting conservatorship, including the conservator’s plan under Section 93-20-419 and the conservator’s report under Section 93-20-423. A […]
Appointment of a conservator is at the discretion of the court, and in the best interest of the respondent. If two (2) or more persons have requested responsibility as conservator, the court shall select as conservator the person the court considers best qualified. In determining the best qualified person, the court shall consider the person’s […]
A court order appointing a conservator for a minor must include findings to support appointment of a conservator and, if a full conservatorship is granted, the reason a limited conservatorship would not meet the identified needs of the minor. A court order appointing a conservator for an adult must: Include a specific finding that clear […]
A conservator appointed under Section 93-20-411 must give to the ward and to all other persons given notice under Section 93-20-403 a copy of the order of appointment. The order and notice must be given not later than fourteen (14) days after the appointment. Not later than fourteen (14) days after appointment of a conservator […]
Upon a petition by a person interested in an individual’s welfare or a petition filed under Section 93-20-402, the court may appoint an emergency conservator for the individual if the court finds: Appointment of an emergency conservator is likely to prevent substantial and irreparable harm to the individual’s property or financial interests; No other person […]
Except as otherwise ordered by the court, a conservator must give notice to persons entitled to notice under Section 93-20-411(5) and receive specific authorization by the court before the conservator may exercise with respect to the conservatorship the power to: Make a gift; Sell, encumber an interest in, or surrender a lease to the primary […]
A ward or a person interested in the welfare of the individual may petition for an order: Requiring the conservator to furnish a bond or collateral or additional bond or collateral or allowing a reduction in a bond or collateral previously furnished; Requiring an accounting for the administration of the conservatorship estate; Directing distribution; Removing […]
Except as otherwise provided in subsection (3), the court shall require a conservator to furnish a bond with a surety the court specifies, or require an alternative asset-protection arrangement, conditioned on faithful discharge of all duties of the conservator. The court may waive or partially waive the requirement if: The respondent is a minor and […]
The following rules apply to the bond required under Section 93-20-416: Except as otherwise provided by the bond, the surety and the conservator are jointly and severally liable. By executing a bond provided by a conservator, the surety submits to the personal jurisdiction of the court that issued letters of office to the conservator in […]
A conservator is a fiduciary and has duties of prudence and loyalty to the ward. A conservator must promote the self-determination of the ward and, to the extent feasible, encourage the ward to participate in decisions, act on the ward’s own behalf, and develop or regain the capacity to manage the ward’s personal affairs. In […]
If required by the court, a conservator must file with the court a plan for investing, protecting, managing, expending, and distributing the assets of the conservatorship estate no later than ninety (90) days after the court’s order of appointment or order to file a plan. If a plan is required and there is a significant […]
Unless the inventory requirement has been waived, not later than ninety (90) days after appointment, a conservator must prepare and file with the appointing court a detailed inventory of the conservatorship estate, together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. A conservator […]
