14-5401. Protective proceedings; fingerprinting A. On petition and after notice and a hearing pursuant to this article, the court may appoint a conservator or make another protective order for cause as follows: 1. Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if […]
14-5401.01. Temporary conservators; appointment; notice; hearings A. If a person allegedly in need of protection has no conservator and an emergency exists or if an appointed conservator is not effectively performing the duties of a conservator and the estate or affairs of the protected person are found to require immediate action, the person allegedly in […]
14-5402. Protective proceedings; jurisdiction of affairs of protected persons After the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition is filed has: 1. Exclusive jurisdiction to determine the need for a conservator or other protective […]
14-5403. Venue Venue for proceedings under this article is: 1. In the county in this state where the person to be protected resides whether or not a guardian has been appointed in another place. 2. If the person to be protected does not reside in this state, in any county where he has property.
14-5404. Original petition for appointment or protective order A. The person allegedly in need of protection, any person who is interested in that person’s estate or affairs, including that person’s parent, guardian or custodian, or any person who would be adversely affected by lack of effective management of that person’s estate and affairs may petition […]
14-5405. Notice in conservatorship proceedings A. In a proceeding for the appointment or substitution of a conservator of a protected person or person allegedly in need of protection, other than the appointment of a temporary conservator or temporary suspension of a conservator, and in a proceeding to continue a conservatorship or other protective order pursuant […]
14-5406. Protective proceedings; request for notice; interested person On payment of any required fee, any interested person who desires to be notified before any order is made in a guardianship or conservatorship proceeding, including any proceeding subsequent to the appointment of a guardian pursuant to section 14-5313, or subsequent to the appointment of a conservator […]
14-5407. Procedure concerning hearing and order on original petition A. On the filing of a petition for appointment of a conservator or any other protective order because of minority, the court shall set a hearing date on the matters alleged in the petition. If, at any time in the proceeding, the court determines that the […]
14-5408. Permissible court orders A. The court has the following powers which may be exercised directly or through a conservator in respect to the estate and affairs of protected persons: 1. While a petition for appointment of a conservator or any other protective order is pending and after a preliminary hearing and without notice to […]
14-5409. Protective arrangements and single transactions authorized A. If it is established in a proper proceeding that a basis exists as described in section 14-5401 for affecting the estate and affairs of a person the court, without appointing a conservator, may authorize, direct or ratify any transaction necessary or desirable to achieve any security, service […]
14-5410. Who may be appointed conservator; priorities A. The court may appoint an individual or a corporation, with general power to serve as trustee, as conservator of the estate of a protected person subject to the requirements of section 14-5106. The following are entitled to consideration for appointment in the order listed: 1. A conservator, […]
14-5411. Bond; exception A. Except as otherwise provided in subsection B of this section, the court shall require a conservator to furnish a bond conditioned on faithful discharge of all duties according to law, with sureties as it shall specify. Unless otherwise directed, the bond shall be in the amount of the aggregate capital value […]
14-5412. Terms and requirements of bonds A. The following requirements and provisions apply to any bond required under section 14-5411: 1. Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other. 2. By executing an approved bond of a conservator, the surety […]
14-5413. Acceptance of appointment; consent to jurisdiction By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the conservator, or mailed to him by registered or certified mail at […]
14-5414. Compensation and expenses; definitions A. If not otherwise compensated for services rendered, any investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian ad litem or conservator who is appointed in a protective proceeding, including a lawyer of the person alleged to be in need of protection pursuant to section 14-5407, subsection B, is entitled to […]
14-5414.01. State veterans’ conservatorship fund A. The state veterans’ conservatorship fund is established. B. All conservatorship monies collected pursuant to section 14-5414, subsection G shall be deposited, pursuant to sections 35-146 and 35-147, by the department of veterans’ services in the state veterans’ conservatorship fund. On notice from the department of veterans’ services, the state […]
14-5415. Resignation or substitution of conservator A. On petition of the protected person or any person interested in the protected person’s welfare, or on the court’s own initiative, the court shall substitute a conservator and appoint a successor if the substitution is in the best interest of the protected person. The court does not need […]
14-5416. Petitions for orders subsequent to appointment A. Any person interested in the estate or affairs of a person for whom a conservator has been appointed may file a petition in the appointing court for an order: 1. Requiring bond or security or additional bond or security, or reducing bond. 2. Requiring an accounting for […]
14-5417. General duty of conservator In exercising powers, a conservator is to act as a fiduciary and shall observe the standard of care applicable to trustees as described by sections 14-10804 and 14-10806.
14-5418. Inventory and records A. Within ninety days after appointment, a conservator shall prepare and file with the court an inventory of the assets of the protected person on the date of the conservator’s appointment, listing it with reasonable detail and indicating the fair market value of each asset as of the date of appointment. […]
