§ 34-1-110. Management of Property — Inventory — Filing — Failure to File or Appear — Revocation of Authority
If the fiduciary is to manage the property of the minor or person with a disability, within sixty (60) days after appointment, the fiduciary shall file a sworn inventory containing a list of the property of the minor or person with a disability, together with the approximate fair market value of each property and a […]
§ 34-1-111. Accounting With Court — Failure to Account
Except as provided in subsection (i), within thirty (30) days after the six-month anniversary of the fiduciary’s date of appointment, the fiduciary shall file a sworn accounting with the court. Except as provided in subsection (i), within sixty (60) days after each anniversary of the accounting required in subsection (a) or any other end of […]
§ 34-1-112. Compensation to Fiduciary
The fiduciary may receive reasonable compensation for services rendered. The court shall set the actual compensation to be paid, taking into account: The complexity of the property of the minor or person with a disability; The amount of time the fiduciary spent in performing fiduciary duties; Whether the fiduciary had to take time away from […]
§ 34-1-113. Payments by Fiduciary
The fiduciary is entitled to pay from the property of the minor or person with a disability the costs of any required medical examination, the guardian ad litem fee, bond premium, court costs, attorney fees, fees for income tax preparation and court accountings, investment management fees, taxes or governmental charges for which the minor or […]
§ 34-1-114. Charging of Costs of Proceedings
The costs of the proceedings, which are the court costs, the guardian ad litem fee and expenses incurred by the guardian ad litem in conducting the required investigations, the required medical examination costs, and the attorney’s fee for the petitioner, may, in the court’s discretion, be charged against the property of the respondent to the […]
§ 34-1-101. Chapter 1-3 Definitions
As used in this chapter and chapters 2 and 3 of this title, unless the context otherwise requires: “Adversary counsel” means a private lawyer hired by a respondent to represent the respondent’s interest in any action under this chapter and chapters 2 and 3 of this title; “Attorney ad litem” means an attorney appointed by […]
§ 34-1-102. Parents as Joint and Equal Natural Guardians of Minors — Custody of Minors — Support of Minors Over Eighteen (18) Years of Age in High School — Property of Minor — Incapacity of Parents — Divorce — Commitment of Guardianship to County — Guardianship Instrument
Parents are the joint natural guardians of their minor children, and are equally and jointly charged with their care, nurture, welfare, education and support and also with the care, management and expenditure of their estates. Each parent has equal powers, rights and duties with respect to the custody of each of their minor children and […]
§ 34-1-103. Duties of Department of Children’s Services When No Natural Guardian, or Child Abandoned
When there is no natural guardian of a minor or when a minor has been abandoned and if the minor requires service from the department of children’s services, the duly authorized agent of the commissioner of children’s services of the county in which the minor resides may act as the custodian of the person of […]
§ 34-1-104. Letters of Guardianship or Conservatorship — Disposition of Funds of Minor Under $25,000 — Discharge of Paying Entities — Order of Distribution — Distribution of Funds — Direction of Funds Into Trust
Except as provided in subsections (b)-(d), no person shall undertake the administration of the estate of a minor or person with a disability until the person has been issued letters of guardianship or letters of conservatorship; provided, that no guardian or conservator shall be appointed if the property of the minor or person with a […]
§ 34-1-105. Bond
Except as otherwise provided in subsection (b), bond shall be required of the fiduciary in an amount equal to the sum of the fair market value of all personal property and the amount of the anticipated income from all property, including the real property, for one (1) year. If the surety for the bond is […]