560:5-405 Original petition; minors; preliminaries to hearing
§560:5-405 Original petition; minors; preliminaries to hearing. (a) Upon the filing of a petition to establish a conservatorship or for another protective order for the reason that the respondent is a minor, the court shall set a date for hearing. If the court determines at any stage of the proceeding that the interests of the […]
560:5-406 Original petition; preliminaries to hearing.
§560:5-406 Original petition; preliminaries to hearing. (a) Upon the filing of a petition for a conservatorship or other protective order for a respondent for reasons other than being a minor, the court shall set a date for hearing. The court may appoint a kokua kanawai. The duties and reporting requirements of the kokua kanawai shall […]
560:5-407 Confidentiality of records.
§560:5-407 Confidentiality of records. The written report of a kokua kanawai and any professional evaluation are confidential and shall be sealed upon filing, but shall be available to: (1) The court; (2) The respondent without limitation as to use; (3) The petitioner, the kokua kanawai, any nominated conservator, and the petitioner’s, nominated conservator’s, and respondent’s […]
560:5-408 Original petition; procedure at hearing.
§560:5-408 Original petition; procedure at hearing. (a) Unless excused by the court for good cause, a proposed conservator shall attend the hearing. The respondent shall attend the hearing, unless excused by the court for good cause. The respondent may present evidence and subpoena witnesses and documents, examine witnesses, including any court-appointed physician, psychologist, or other […]
560:5-409 Original petition; orders.
§560:5-409 Original petition; orders. (a) If a proceeding is brought for the reason that the respondent is a minor, after a hearing on the petition, upon finding that the appointment of a conservator or other protective order is in the best interest of the minor, the court shall make an appointment or other appropriate protective […]
560:5-410 Powers of court
§560:5-410 Powers of court. (a) After hearing and upon determining that a basis for a conservatorship or other protective order exists, the court shall have the following powers which may be exercised directly or through a conservator: (1) With respect to a minor for reasons of age, all the powers over the estate and business […]
560:5-411 Required court approval.
§560:5-411 Required court approval. (a) After notice to interested persons and upon express authorization of the court, a conservator may: (1) Make gifts, except as otherwise provided in section 560:5-427(b); (2) Convey, release, or disclaim contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or […]
560:5-412 Protective arrangements and single transactions.
§560:5-412 Protective arrangements and single transactions. (a) If a basis is established for a protective order with respect to an individual, the court, without appointing a conservator, may: (1) Authorize, direct, or ratify any transaction necessary or desirable to achieve any arrangement for security, service, or care meeting the foreseeable needs of the protected person, […]
560:5-413 Who may be conservator; priorities.
§560:5-413 Who may be conservator; priorities. (a) Except as otherwise provided in subsection (d), the court, in appointing a conservator, shall consider persons otherwise qualified in the following order of priority: (1) A conservator, guardian of the estate, or other like fiduciary appointed or recognized by an appropriate court of any other jurisdiction in which […]
560:5-414 Petition for order subsequent to appointment.
§560:5-414 Petition for order subsequent to appointment. (a) A protected person or a person interested in the welfare of a protected person may file a petition in the appointing court for an order: (1) Requiring bond or collateral or additional bond or collateral, or reducing bond or collateral; (2) Requiring an accounting for the administration […]