524.5-401 PROTECTIVE PROCEEDING. Upon petition and after notice and hearing, the court may appoint a limited or unlimited conservator or make any other protective order provided in this part in relation to the estate and affairs of: (1) a minor, if the court determines that the minor owns money or property requiring management or protection […]
524.5-402 JURISDICTION OVER BUSINESS AFFAIRS OF PERSON SUBJECT TO CONSERVATORSHIP. 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) […]
524.5-403 ORIGINAL PETITION FOR APPOINTMENT OR PROTECTIVE ORDER. (a) The following 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; or (3) a person who would be […]
524.5-404 NOTICE. (a) A copy of the petition and the notice of hearing on a petition for conservatorship or other protective order must be served personally on the respondent pursuant to section 524.5-406, paragraph (d), but if the respondent’s location is unknown or personal service cannot be made, service on the respondent must be made […]
524.5-405 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 […]
524.5-406 ORIGINAL PETITION: PERSONS UNDER DISABILITY; 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 and the court may appoint a visitor. The duties and reporting requirements of the […]
524.5-408 CONSERVATORSHIP PROCEEDINGS: PROCEDURE AT HEARING. (a) Unless excused by the court for good cause, the petitioner and the proposed conservator shall attend the hearing. The respondent shall attend and participate in the hearing unless excused by the court for good cause. The petitioner and respondent may present evidence and subpoena witnesses and documents, examine […]
524.5-409 FINDINGS; ORDER OF APPOINTMENT. Subdivision 1. Limited or unlimited conservator. (a) The court may appoint a limited or unlimited conservator for a respondent only if it finds that: (1) by clear and convincing evidence, the individual is unable to manage property and business affairs because of an impairment in the ability to receive and […]
524.5-410 POWERS OF COURT. (a) After hearing and upon determining that a basis for a conservatorship or other protective order exists, the court has 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 affairs […]
524.5-411 REQUIRED COURT APPROVAL. (a) After notice to affected persons as provided in this section, and after hearing, and upon express authorization of the court, a conservator may: (1) make gifts; (2) convey, release, or disclaim contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy […]
524.5-412 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 person subject […]
524.5-413 WHO MAY BE CONSERVATOR; PRIORITIES. (a) Except as otherwise provided in paragraph (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 […]
524.5-414 PETITION FOR ORDER SUBSEQUENT TO APPOINTMENT. (a) A person subject to conservatorship or an interested 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; (2) requiring an accounting for the administration of the estate of the person subject […]
524.5-415 BOND. The court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservatorship according to law, with sureties as it may specify. A bond is not required for any conservator that is a bank or trust company provided the total conservatorship assets do not exceed $1,000,000. […]
524.5-416 TERMS AND REQUIREMENTS OF BOND. (a) The following rules apply to any bond required: (1) Except as otherwise provided by the terms of the bond, sureties and the conservator are jointly and severally liable. (2) By executing the bond of a conservator, a surety submits to the jurisdiction of the court that issued letters […]
524.5-417 GENERAL POWERS AND DUTIES OF CONSERVATOR. (a) A conservator shall be subject to the control and direction of the court at all times and in all things. (b) The court shall grant to a conservator only those powers necessary to provide for the demonstrated needs of the person subject to conservatorship. (c) The court […]
524.5-418 GENERAL POWERS AND DUTIES OF CONSERVATOR WITH RESPECT TO REAL PROPERTY. This section is applicable only to conservatorships and not to decedents’ estates. As used in this section, the word “mortgage” includes an extension of an existing mortgage, subject to the provisions of this section, and the word “lease” means a lease for one […]
524.5-419 INVENTORY; RECORDS. (a) Within 60 days after appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the estate subject to the conservatorship, together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. (b) A conservator shall keep […]
524.5-420 REPORTS; APPOINTMENT OF VISITOR; MONITORING; COURT ORDERS. (a) A conservator shall report to the court for administration of the estate annually unless the court otherwise directs, upon resignation or removal, upon termination of the conservatorship, and at other times as the court directs. An order, after notice and hearing, allowing an intermediate report of […]
524.5-421 TITLE AFTER APPOINTMENT. (a) The appointment of a conservator does not vest title of the property of the person subject to conservatorship in the conservator. (b) Letters of conservatorship are evidence of the conservator’s power to act on behalf of the person subject to conservatorship. An order terminating a conservatorship terminates the conservator’s powers […]
