560:5-426 Delegation.
§560:5-426 Delegation. (a) A conservator shall not delegate to an agent or another conservator the entire administration of the estate, but a conservator may otherwise delegate the performance of functions that a prudent trustee of comparable skills may delegate under similar circumstances. (b) The conservator shall exercise reasonable care, skill, and caution in: (1) Selecting […]
560:5-427 Principles of distribution by conservator.
§560:5-427 Principles of distribution by conservator. (a) Unless otherwise specified in the order of appointment and endorsed on the letters of appointment, a conservator may expend or distribute income or principal of the estate of the protected person without further court authorization or confirmation for the support, care, education, health, and welfare of the protected […]
560:5-428 Death of protected person
§560:5-428 Death of protected person. If a protected person dies, the conservator, with reasonable promptness shall deliver any will of the protected person that may have come into the conservator’s possession to a person able to secure its probate or, if none is known, deposit the will with an appropriate court. The conservator shall inform […]
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 […]