§ 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; […]
§ 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, […]
§ 29-4-97. Required Filings With Clerk of Court
Pending an action brought by a foreign guardian pursuant to Code Section 29-4-96, an authenticated copy of the letters of guardianship shall be filed with the clerk of the court to become a part of the record, if the case is pending in a court of record, or filed with the papers if the action […]
§ 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 […]
§ 29-4-98. Submission to Jurisdiction; Registration of Guardianship Order
A foreign guardian submits personally to the jurisdiction of the courts of this state in any proceeding relating to the guardianship by: Receiving payment of money or taking delivery of personal property in this state belonging to the ward; Doing any act as a guardian in this state that would have given this state jurisdiction […]