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 317 – Guardianship proceedings for minor becoming an incapacitated adult.
Effective 3/19/2018 75-5-317. Guardianship proceedings for minor becoming an incapacitated adult. (1) As used in this section: (a) “Incapacitated” means the same as that term is defined in Section 75-1-201. (b) “Joint legal decision-making” means parents or two individuals, regardless of whether they are married, sharing legal decision-making and no individual’s rights or responsibilities being […]
Section 401 – Protective proceedings.
75-5-401. Protective proceedings. (1) Upon petition and after notice and hearing in accordance with the provisions of this part, the court may appoint a conservator or make other protective order for cause as follows: (a) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a […]
Section 310.5 – Temporary guardians.
Effective 5/13/2014 75-5-310.5. Temporary guardians. (1) If, after notice and hearing as required by Section 75-5-303, the court finds good cause, the court may: (a) appoint a temporary guardian; (b) convert an emergency guardian to a temporary guardian if an emergency guardian has been appointed under Section 75-5-310; or (c) appoint a different person as […]
Section 311 – Who may be guardian — Priorities.
Effective 5/8/2018 75-5-311. Who may be guardian — Priorities. (1) As used in this section: (a) “Specialized care professional” means a person who is certified as a National Certified Guardian or National Master Guardian by the Center for Guardianship Certification or similar organization. (b) “Suitable institution” means any nonprofit or for profit corporation, partnership, sole […]
Section 312 – General powers and duties of guardian — Penalties.
Effective 5/4/2022 75-5-312. General powers and duties of guardian — Penalties. (1) (a) A guardian of an incapacitated person shall diligently and in good faith carry out the specific duties, powers, and rights that the guardian is granted: (i) in an order of appointment by a court under Section 75-5-304; and (ii) under this section. […]
Section 312.5 – Association between an adult ward and a relative or acquaintance of the adult ward.
Effective 5/4/2022 75-5-312.5. Association between an adult ward and a relative or acquaintance of the adult ward. (1) As used in this section: (a) “Associate” or “association” means: (i) visitation of an adult ward by a relative or qualified acquaintance; or (ii) communication between an adult ward and a relative or qualified acquaintance in any […]
Section 313 – Proceedings subsequent to appointment — Venue.
75-5-313. Proceedings subsequent to appointment — Venue. (1) The court where the ward resides has concurrent jurisdiction with the court which appointed the guardian or in which acceptance of an appointment by will or written instrument was filed over resignation, removal, accounting, and other proceedings relating to the guardianship. (2) If the court located where […]
Section 314 – Mentally incompetent veteran — Evidence of necessity for appointment of guardian.
75-5-314. Mentally incompetent veteran — Evidence of necessity for appointment of guardian. Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator or his duly authorized representative, that such person has been rated incompetent by the veterans administration on examination in accordance with the […]