Section 430 – Termination of proceeding.
75-5-430. Termination of proceeding. The protected person, his personal representative, the conservator, or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order. The court, upon determining after notice and hearing […]
Section 431 – Payment of debt and delivery of property to foreign conservator without local proceedings.
75-5-431. Payment of debt and delivery of property to foreign conservator without local proceedings. (1) Any person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person, may pay or deliver to a conservator, guardian of the estate, […]
Section 419 – Accounts.
75-5-419. Accounts. (1) Every conservator must account to the court for the administration of the estate upon resignation or removal and at any other times the court may direct. (2) On termination of the protected person’s minority or disability, a conservator may account to the court, the former protected person, or the personal representative of […]
Section 420 – Conservators — Title by appointment.
75-5-420. Conservators — Title by appointment. (1) The appointment of a conservator vests in the conservator title as fiduciary to all property of the protected person, presently held or thereafter acquired, not including the assets of a trust, including title to any property previously held for the protected person by custodians or attorneys-in-fact, except for […]
Section 421 – Recording of conservator’s letters.
Effective 5/9/2017 75-5-421. Recording of conservator’s letters. (1) (a) Letters of conservatorship are evidence of transfer of the assets of a protected person to the conservator. (b) An order terminating a conservatorship is evidence of transfer of the assets of the estate from the conservator to the protected person or the protected person’s successors. (c) […]
Section 412 – Terms and requirements of bonds.
75-5-412. Terms and requirements of bonds. (1) The following requirements and provisions apply to any bond required under Section 75-5-411: (a) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other; (b) By executing an approved bond of a conservator, the surety […]
Section 413 – Acceptance of appointment — Consent to jurisdiction.
75-5-413. Acceptance of appointment — Consent to jurisdiction. By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the conservator or mailed to him by registered or certified mail […]
Section 414 – Compensation and expenses.
75-5-414. Compensation and expenses. If not otherwise compensated for services rendered, any visitor, lawyer, physician, conservator, or special conservator appointed in a protective proceeding is entitled to reasonable compensation from the estate. If the court appoints the petitioner or the petitioner’s nominee as conservator over the protected person, regardless of whether the nominee is specified […]
Section 415 – Death, resignation, or removal of conservator.
Effective 5/13/2014 75-5-415. Death, resignation, or removal of conservator. (1) The court may remove a conservator for good cause, upon notice and hearing, or accept the resignation of a conservator. After the death, resignation, or removal of a conservator, the court may appoint another conservator. A conservator so appointed succeeds to the title and powers […]
Section 416 – Petitions for orders subsequent to appointment.
Effective 5/13/2014 75-5-416. Petitions for orders subsequent to appointment. (1) Any person interested in the welfare of a person for whom a conservator has been appointed may file a petition in the appointing court for an order: (a) requiring bond or security or additional bond or security, or reducing bond; (b) requiring an accounting for […]