§ 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 […]
§ 29-4-62. Delivery of Property and Final Report From Predecessor Guardian
Upon the appointment of a successor guardian, the predecessor guardian or the personal representative of a deceased predecessor guardian shall deliver to the successor guardian all property of the ward held by the guardian and shall submit a final status report covering the period since the guardian’s last status report. History. Code 1981, § 29-4-62 […]
§ 29-4-23. Powers and Rights of Guardian; Appointment of Guardian Ad Litem; Coordination and Cooperation With Conservator or Others
Unless inconsistent with the terms of any court order relating to the guardianship, a guardian may: Take custody of the person of the ward and establish the ward’s place of dwelling within this state; Subject to Chapters 9, 20, and 36 of Title 31 and any other pertinent law, give any consents or approvals that […]
§ 29-4-70. Right of Ward to Appeal; Procedure; Appointment of Emergency Guardian
Except as provided in Article 6 of Chapter 9 of Title 15, the ward, individually or by the ward’s legal counsel, representative, or guardian ad litem, or the petitioner may appeal any final order of the court to the superior court in the county in which the proceedings were held. The appeal shall be in […]
§ 29-4-24. Disclosure of Conflicts of Interest
The guardian must promptly disclose any conflict of interest between the guardian and the ward when it arises or becomes known to the guardian and seek the court’s determination as to whether the conflict is insubstantial or if it is in the best interest of the ward for the guardian to continue to serve. History. […]
§ 29-4-80. Removal to Jurisdiction Where Ward Resides; Appointment of Guardian Ad Litem; Certification and Transfer of Records; Scope of Jurisdiction
A guardian may petition to remove the guardianship to the jurisdiction of the court of the county in this state in which the ward resides. Upon the filing of a petition to remove the guardianship to another county in this state, the court shall appoint a guardian ad litem for the ward. The court of […]
§ 29-4-25. Oath or Affirmation of Guardian
Before entering upon the duties of the appointment, every guardian 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 guardian and to account faithfully for the estate. The oath or affirmation of a guardian may be subscribed […]
§ 29-4-95. “Foreign Guardian” Defined; Sale of Ward’s Property
For purposes of this part, a “foreign guardian” is a guardian or other person who has been given responsibility by a court of competent jurisdiction in another state or territory governed by the Constitution of the United States for the care of an incapacitated adult referred to as the “ward” and whose guardianship has not […]