§ 30-3-203. Transfer of Property Without Conservatorship
If the spouse of any person defined as an absentee in § 30-3-201(1), or next of kin if the absentee has no spouse, wishes to sell or transfer any property of the absentee that has a gross value of less than five thousand dollars ($5,000), or requires the consent of the absentee in any matter […]
§ 30-3-204. Limited Conservatorship for Specific Property
If the spouse, or the next of kin if there is no spouse, of any person defined as an absentee under § 30-3-201(1), wishes to sell, lease, or mortgage specific property having a gross value of five thousand dollars ($5,000) or more, owned by the absentee or in which the absentee had an interest, or […]
§ 30-3-205. Petition for Appointment
The jurisdiction of the court shall be invoked by the filing of a petition by any person who would have an interest in the property or estate of the absentee were the absentee deceased, or any person who is dependent on the absentee for maintenance or support. The petition shall be sworn to by the […]
§ 30-3-206. Hearing on Petition — Notice — Appointment
Notice of the hearing on the petition to appoint a conservator shall be given to all persons named in the petition by registered mail, certified mail with return receipt requested or by personal service of legal process. The judge shall hear evidence on the question of whether the person alleged to be missing, interned, beleaguered, […]
§ 30-3-207. Oath and Bond
Every conservator, before exercising authority as conservator, shall take oath to faithfully perform the duties of conservator and to render true accounts whenever required according to law, which oath may be administered by any officer authorized to administer oaths under the laws of this state. The oath shall be filed with the court. The court […]
§ 30-3-208. Duties
The conservator shall have all the rights, powers, and duties of a guardian of the property as established in title 34, chapters 1 and 2, and an absentee and an absentee’s dependents shall be entitled to all benefits accruing to a ward or a ward’s dependents under those chapters. The court shall have the same […]
§ 30-3-209. Resignation and Discharge
The provision for resignation and discharge of conservators for estates of incompetents as set forth in § 34-4-113 [repealed] shall apply in the chancery or probate court for the resignation and discharge of a conservator appointed under this part.
§ 30-3-210. Termination of Conservatorship
At any time upon petition signed by the absentee, or on petition of an attorney in fact acting under an adequate power of attorney granted by the absentee, the court shall direct the termination of the conservatorship and the transfer of all property held under the conservatorship to the absentee or to the designated attorney […]
§ 30-3-201. “Absentee” Defined
As used in this part unless the context otherwise requires, an “absentee” is: Any person serving in or with the armed forces of the United States, in or with the Red Cross, in or with the merchant marines or otherwise, during any period of time when a state of hostilities exists between the United States […]
§ 30-3-202. Jurisdiction — Grounds for Appointment
The chancery or probate court has jurisdiction to appoint a conservator of the estate of an absentee as defined in this part upon a showing that: The absentee has an interest in any form of property in this state, or is a legal resident of this state, or has a spouse or next of kin […]