§ 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 […]
§ 29-5-52. Petition for Additional Compensation by Conservator
A conservator may petition the court for compensation that is greater than the commissions allowed under Code Section 29-5-50. Service of notice of the petition for extra compensation shall be made to the ward and to a guardian ad litem appointed for the ward. Service shall be made in the manner described in Chapter 9 […]
§ 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 […]
§ 29-5-13. Requirements of Order Granting Conservatorship; Service; Obligation of Legal Counsel; Filing of Certificate of Conservatorship With Court
The court shall issue an order that sets forth the findings of fact and conclusions of law that support the grant or denial of the petition. An order granting conservatorship shall specify: The name of the conservator and the basis for the selection; Any powers retained by the ward pursuant to Code Section 29-5-21; The […]
§ 29-5-14. Appointment of Emergency Conservator; Requirements of Petition
Any interested person, including the proposed ward, may file a petition for the appointment of an emergency conservator. Such petition shall be filed in the court of the county in which: The proposed ward is domiciled; The proposed ward is found; or Jurisdiction is otherwise proper under Code Section 29-11-12. The petition for appointment of […]
§ 29-5-15. Review of Petition; Dismissal; Requirements of Court Upon Finding Need for Emergency Conservator
Upon the filing of a petition for an emergency conservatorship, the court shall review the petition and the affidavit, if any, to determine whether there is probable cause to believe that the proposed ward is in need of an emergency conservator within the meaning of Code Section 29-5-14. If the court determines that there is […]
§ 29-5-16. Emergency Conservatorship Hearing; Limitations on Powers of Emergency Conservator
The court shall conduct the emergency conservatorship hearing at the time and date set forth in its order to determine whether there is clear and convincing evidence of the need for an emergency conservatorship in light of the evidence taken at the hearing. In addition to the evidence at the hearing, the court may consider […]
§ 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; […]