Section 418 – Inventory and records.
Effective 5/9/2017 75-5-418. Inventory and records. (1) Within 90 days after appointment of a conservator, the conservator shall prepare and file with the appointing court a complete inventory of the estate of the protected person together with an oath or affirmation that it is complete and accurate so far as the conservator is informed. The […]
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 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, […]
Section 410 – Who may be appointed conservator — Priorities.
75-5-410. Who may be appointed conservator — Priorities. (1) The court may appoint an individual, or a corporation with general power to serve as trustee, as conservator of the estate of a protected person. The following are entitled to consideration for appointment in the order listed: (a) a conservator, guardian of property, or other like […]
Section 411 – Bond.
75-5-411. Bond. Subject to the provisions of Title 7, Financial Institutions Act, relating to the bonding requirements for corporate fiduciaries, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify, unless the court dispenses with such […]