§ 29-5-80. Petition for Dismissal of Conservator; Final Return; Notice; Order Dismissing Conservator
Upon the termination of the conservatorship or the resignation of the conservator, the conservator may petition the court for an order dismissing the conservator from office. The petition shall include a final return to the court which covers the period from the latest annual return filed by the conservator. The final return shall contain the […]
§ 29-5-81. Final Settlement; Appearance by Ward or Successor Conservator; Return of Property
A ward who has been restored to capacity, the personal representative of a deceased ward, a successor conservator, or any interested person may petition the court for an order requiring a conservator or that conservator’s personal representative to appear and submit to a final settlement of the conservator’s accounts. Alternatively, the court on its own […]
§ 29-5-90. Resignation of Conservator; Requirement of Petition; Alternative Conservator; Notice to Interested Individuals; Order of Appointment of Successor Conservator
A conservator or the duly authorized guardian, conservator, or attorney in fact of a conservator, acting on behalf of the conservator, may resign upon petition to the court showing to the satisfaction of the court that: The conservator is unable to continue serving due to age, illness, infirmity, or other good cause; Greater burdens have […]
§ 29-5-31. Retention of Property; Exchange or Conversion of Stocks or Securities
A conservator may retain the property received by the conservator on the creation of the conservatorship, including, in the case of a corporate fiduciary, stock or other securities of its own issue, even though the property may not otherwise be a legal investment and shall not be liable for the retention, except for gross neglect. […]
§ 29-5-49.1. Communication With Other States on Conservatorship
With respect to a conservatorship order from another state that has been registered with and recorded by a court of this state under Code Section 29-11-31, in addition to any action such court of this state may take under this article or under subsection (b) of Code Section 29-11-32, such court of this state may […]
§ 29-5-32. Investment of Estate Funds by Conservator
A conservator is authorized to invest estate funds in the following and shall not otherwise be liable for such investment, except in the case of gross neglect: Bonds issued by any county or municipality of this state which have been validated as required by law for the validation of county and municipal bonds; Bonds issued […]
§ 29-5-50. Determining Compensation of Conservator; Failure to File Annual Returns Results in Forfeiture of Commission
Other than an emergency conservator or a temporary substitute conservator, a conservator shall be entitled to compensation for services rendered equal to: Two and one-half percent commission on all sums of money received by the conservator on account of the estate, except on money loaned by and repaid to the conservator, and 2 1/2 percent […]
§ 29-5-33. Holding of Investments; Corporate Fiduciaries
Whenever by law or by court order the conservator is authorized, permitted, required, or directed to invest funds in direct and general obligations of the United States government, obligations unconditionally guaranteed by the United States government, or obligations of the agencies of the United States government enumerated in Code Section 29-5-32, the conservator may invest […]
§ 29-5-51. Reimbursement for Reasonable Expenses
Conservators shall be allowed reasonable expenses incurred in the administration of the estate, including without limitation expenses for travel, employing counsel and other agents, and the expenses and premiums incurred in securing a bond. Such reasonable expenses shall be determined after notice, if any, as the court shall direct. The conservator’s commissions are part of […]
§ 29-5-34. Prudence Required From Conservator in Making Investments; Acquisition and Retention of Property
After receiving court approval as required in subsections (b) and (c) of Code Section 29-5-23, in making investments and in acquiring and retaining those investments and managing property of the ward, the conservator shall exercise the judgment and care, under the circumstances then prevailing, that a prudent person acting in a like capacity and familiar […]