§ 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 […]
§ 29-5-1. Conservator for Adults; Best Interest of the Adult; No Presumption of Need for Conservator; Objective of Conservatorship
The court may appoint a conservator for an adult only if the court finds the adult lacks sufficient capacity to make or communicate significant responsible decisions concerning the management of his or her property. No conservator, except a conservator appointed under paragraph (2) of subsection (a) of Code Section 29-11-13 or a conservator for the […]
§ 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 […]
§ 29-5-2. Qualifications of Conservator of Adult
No person may be appointed or continue to serve as conservator of the estate of an adult who: Is a minor, a ward, or a protected person; Who has a conflict of interest with the adult unless the court determines that the conflict of interest is insubstantial or that the appointment clearly would be in […]
§ 29-5-30. Inventory and Plan for Handling Ward’s Property
Within two months of appointment, the conservator shall file with the court and provide to the ward’s guardian, if any, an inventory of the ward’s property and a plan for managing, expending, and distributing the property. The inventory shall describe all the assets and liabilities of the ward and shall include a list of all […]
§ 29-5-3. Order of Preference in Selecting Conservator; Nomination of Individual to Serve as Conservator; Requirements of Nomination
The court shall appoint as conservator that person who shall best serve the interest of the adult taking into consideration the order of preferences set forth in this Code section. The court may disregard a person who has preference and appoint a person who has a lower preference or no preference; provided, however, that the […]
§ 29-5-4. Affidavit on Property or Value of Estate; Payment, Transfer, or Delivery Pursuant to Affidavit
Upon receiving an affidavit: That the total personal property of an incapacitated adult does not exceed $2,500.00 in value; That no conservator has been appointed for the incapacitated adult’s estate; and That the affiant is the spouse or that there is no spouse and the affiant is a relative having the responsibility of the support […]
§ 29-5-10. Petition for Appointment of Conservator; Requirements of Petition
Any interested person, including the proposed ward, may file a petition for the appointment of a conservator. Such petition shall be filed in the court of the county in which: The proposed ward is domiciled; The proposed ward is found; provided, however, that if the court of the county where the proposed ward is found […]
§ 29-5-11. Prerequisite Finding Prior to Appointment of Conservator; Notice; Evaluation; Written Report
Upon the filing of a petition for conservatorship of the estate of a proposed ward, the court shall review the petition and the affidavit, if any, and determine whether there is probable cause to believe that the proposed ward is in need of a conservator within the meaning of Code Section 29-5-1. If the court […]
§ 29-5-12. Judicial Review and Proceedings
After the filing of the evaluation report, the court shall review the pleadings and the evaluation report. If, after the review, the court finds that there is no probable cause to support a finding that the proposed ward is in need of a conservator within the meaning of Code Section 29-5-1, the court shall dismiss […]