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 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 […]
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 […]