560:5-429 Presentation and allowance of claims.
§560:5-429 Presentation and allowance of claims. (a) A conservator may pay, or secure by encumbering assets of the estate, claims against the estate or against the protected person arising before or during the conservatorship upon their presentation and allowance in accordance with the priorities stated in subsection (d). A claimant may present a claim by: […]
560:5-430 Personal liability of conservator.
§560:5-430 Personal liability of conservator. (a) Unless otherwise provided in the contract, a conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal in the contract the representative capacity and identify the estate. (b) A conservator […]
560:5-431 Termination of proceedings.
§560:5-431 Termination of proceedings. (a) A conservatorship terminates upon the death of the protected person or upon order of the court. Unless created for reasons other than that the protected person is a minor, a conservatorship created for a minor also terminates when the protected person attains majority or is emancipated. (b) Within sixty days […]
560:5-432 Payment of debt and delivery of property to foreign conservator without local proceeding.
§560:5-432 Payment of debt and delivery of property to foreign conservator without local proceeding. (a) A person who is indebted to, or has the possession of tangible or intangible property of a protected person, may pay the debt or deliver the property to a foreign conservator, guardian of the estate, or other court-appointed fiduciary of […]
560:5-433 Foreign conservator; proof of authority; bond; powers.
§560:5-433 Foreign conservator; proof of authority; bond; powers. If a conservator has not been appointed in this State and a petition in a protective proceeding is not pending in this State, a conservator appointed in the state in which the protected person resides may file in a court of this State, in a circuit in […]
560:5-402 Jurisdiction over business affairs of protected person.
§560:5-402 Jurisdiction over business affairs of protected person. After the service of notice in a proceeding seeking a conservatorship or other protective order and until termination of the proceeding, the court in which the petition is filed has: (1) Exclusive jurisdiction to determine the need for a conservatorship or other protective order; (2) Exclusive jurisdiction […]
560:5-418 General duties of conservator
§560:5-418 General duties of conservator. (a) A conservator, in relation to powers conferred by this article or implicit in the title acquired by virtue of the proceeding, shall be a fiduciary and shall observe the standards of care applicable to a trustee. (b) A conservator may exercise authority only as necessitated by the limitations of […]
560:5-403 Original petition for appointment or protective order.
§560:5-403 Original petition for appointment or protective order. (a) The following persons may petition for the appointment of a conservator or for any other appropriate protective order: (1) The person to be protected; (2) An individual interested in the estate, affairs, or welfare of the person to be protected, including a parent, guardian, or custodian; […]
560:5-404 Notice.
§560:5-404 Notice. (a) A copy of the petition and the notice of hearing on a petition for conservatorship or other protective order shall be served personally on the respondent if the respondent has attained fourteen years of age, but if the respondent’s whereabouts is unknown or personal service cannot be made, service on the respondent […]
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 […]