§ 29-5-20. Rights of Adult Ward; Impact on Right to Vote or Testamentary Capacity
In every conservatorship the ward has the right to: A qualified conservator who acts in the best interest of the ward; A conservator who is reasonably accessible to the ward; Have the ward’s property utilized as necessary to provide adequately for the ward’s support, care, education, health, and welfare; Communicate freely and privately with persons […]
§ 29-5-21. Rights and Powers Removed From Ward
Unless the court’s order specifies that one or more of the following powers are to be retained by the ward, the appointment of a conservator shall remove from the ward the power to: Make, modify, or terminate contracts, other than the power to contract marriage; To buy, sell, or otherwise dispose of or encumber property; […]
§ 29-5-22. Obligations and Liabilities of Conservator
Except as otherwise provided by law or by the court, a conservator shall receive, collect, and make decisions regarding the ward’s property. A conservator shall, to the extent feasible, encourage the ward to participate in decisions, act on the ward’s own behalf, and develop or regain the ability to manage the ward’s property. A conservator, […]
§ 29-5-23. Authority of Conservator; Cooperation With Guardian or Other Interested Parties
Unless inconsistent with the terms of any court order relating to the conservatorship, a conservator without court order may: Make reasonable disbursements from the annual income or, if applicable, from the annual budget amount that has been approved by the court pursuant to Code Section 29-5-30 for the support, care, education, health, and welfare of […]
§ 29-5-24. Forfeiture of Rights by Conservator; Disclosure of Conflicts by Conservator; Transactions Presenting Substantial Conflict in Interests
The appointment of a conservator shall not automatically cause the conservator to forfeit any rights to property. The conservator must disclose promptly any conflict of interest between the conservator and the ward when it arises or becomes known to the conservator. The conservator must seek the court’s determination as to whether the conflict is insubstantial […]
§ 29-5-25. Oath or Affirmation Required of Conservator
Before entering upon the duties of the appointment, every conservator appointed pursuant to the terms of this chapter shall take an oath or affirmation before the court to perform well and truly the duties required of a conservator and to account faithfully for the estate. The oath or affirmation of a conservator may be subscribed […]