14-5419. Accounts; definition A. Except as provided pursuant to subsection F of this section, every conservator must account to the court for the administration of the estate annually pursuant to rules adopted by the supreme court and on termination of the protected person’s minority or disability, except that for good cause shown on the application […]
14-5420. Conservators; title by appointment A. The appointment of a conservator vests in the conservator title as trustee to all property or to the part specified in the order of the protected person, presently held or thereafter acquired, including title to any property previously held for the protected person by custodians or attorneys in fact. […]
14-5421. Recording of conservator’s letters Letters of conservatorship are evidence of transfer of all assets, or in the case of a limited conservatorship, the part specified in the letters, of a protected person to the conservator. An order terminating a conservatorship is evidence of transfer of all assets subject to the conservatorship from the conservator […]
14-5422. Sale, encumbrance or transaction involving conflict of interest; voidable; exceptions Any sale or encumbrance to a conservator, his spouse, agent or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest is voidable unless the transaction is approved […]
14-5423. Persons dealing with conservators; protection A. A person who in good faith either assists or deals with a conservator, on the basis of a copy of letters certified by or under the direction of the court or an officer thereof within sixty days of the transaction, is protected as if the conservator properly exercised […]
14-5424. Powers of conservator in administration A. Subject to the limitations provided in section 14-5425, a conservator has all the powers conferred herein and any additional powers conferred by law on trustees in this state. In addition, a conservator of the estate of an unmarried minor, as to whom no one has parental rights, has […]
14-5425. Distributive duties and powers of conservator A. A conservator may expend or distribute income or principal of the estate without court authorization or confirmation for the support, education, care or benefit of the protected person and the person’s dependents in accordance with the following principles: 1. The conservator shall consider recommendations relating to the […]
14-5426. Enlargement or limitation of powers of conservator A. Subject to the restrictions in section 14-5408, subsection A, paragraph 4, the court may confer on a conservator at the time of appointment or later, in addition to the powers conferred on him by sections 14-5424 and 14-5425, any power which the court itself could exercise […]
14-5427. Preservation of estate plan In investing the estate, and in selecting assets of the estate for distribution under section 14-5425, subsection A, in utilizing powers of revocation or withdrawal available for the support of the protected person, and exercisable by the conservator or the court, the conservator and the court shall take into account […]
14-5428. Claims against protected person; enforcement A. A conservator must pay from the estate all just claims against the estate and against the protected person arising before or after the conservatorship upon their presentation and allowance. A claim may be presented by either of the following methods: 1. The claimant may deliver or mail to […]
14-5429. Personal liability of conservator A. Unless otherwise provided in the contract, a conservator is not personally liable on a contract properly entered into in the conservator’s fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the representative capacity and identify the estate in the contract. B. The […]
14-5430. Termination of proceeding A. The protected person, the conservator or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order. B. The court, on determining after notice and a hearing […]
14-5431. Payment of debt and delivery of property to foreign conservator without local proceedings Any person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock or chose in action belonging to a protected person may pay or deliver to a conservator, guardian of the estate or […]
14-5432. Domiciliary foreign conservator; powers of local conservator If no local conservator has been appointed and no petition in a protective proceeding is pending in this state, a domiciliary foreign conservator may file with a court in this state in a county in which property belonging to the protected person is located certified copies of […]
14-5433. Probate fund; use A. The presiding judge of the superior court in each county may establish a probate fund consisting of monies received pursuant to sections 14-3722, 14-5314 and 14-5414. B. Each month the clerk of the court shall transmit all monies collected pursuant to sections 14-3722, 14-5314 and 14-5414 to the county treasurer […]
