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 402 – Protective proceedings — Jurisdiction of affairs of protected persons.
75-5-402. Protective proceedings — Jurisdiction of affairs of protected persons. After the service of notice in a proceeding seeking the appointment of a conservator 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 conservator or other […]
Section 403 – Venue.
75-5-403. Venue. Venue for proceedings under this part is: (1) In the county in this state where the person to be protected resides, whether or not a guardian has been appointed in another place; or (2) If the person to be protected does not reside in this state, in any county where he has property. […]
Section 404 – Original petition for appointment or protective order.
75-5-404. Original petition for appointment or protective order. (1) The person to be protected, any person who is interested in his estate, affairs, or welfare, including his parent, guardian, or custodian, or any person who would be adversely affected by lack of effective management of his property and affairs may petition for the appointment of […]
Section 405 – Notice.
75-5-405. Notice. (1) On a petition for appointment of a conservator or other protective order, the person to be protected and his spouse or, if none, his parents, must be served personally with notice of the proceeding at least 10 days before the date of the hearing if they can be found within the state, […]
Section 406 – Protective proceedings — Request for notice — Interested person.
75-5-406. Protective proceedings — Request for notice — Interested person. Any interested person who desires to be notified before any order is made in a protective proceeding may file with the registrar a request for notice subsequent to payment of any fee required by statute or court rule. The clerk shall mail a copy of […]
Section 407 – Procedure concerning hearing and order on original petition.
75-5-407. Procedure concerning hearing and order on original petition. (1) Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall set a date for the hearing on the matters alleged in the petition. If, at any time in the proceeding, the court determines that the […]
Section 408 – Permissible court orders.
Effective 5/13/2014 75-5-408. Permissible court orders. (1) The court has the following powers which may be exercised directly or through a conservator in respect to the estate and affairs of protected persons: (a) While a petition for appointment of a conservator or other protective order is pending and after preliminary hearing and without notice to […]
Section 409 – Protective arrangements and single transactions authorized.
75-5-409. Protective arrangements and single transactions authorized. (1) If it is established in a proper proceeding that a basis exists as described in Section 75-5-401 for affecting the property and affairs of a person, the court, without appointing a conservator, may authorize, direct, or ratify any transaction necessary or desirable to achieve any security, service, […]