§44A-3-14a. No Liability of Present Conservator or Guardian for Prior Acts or Failure to Act of Preceding Conservators, Guardians or Committees
No liability may accrue to any present conservator or guardian appointed pursuant to the provisions of this chapter solely for the prior acts or failure to act of any committee or guardian appointed under prior law, as defined in subsection (f), section two, article one of this chapter, or solely for the prior acts or […]
§44A-3-15. Protection for Persons Conducting Business With Guardians and Conservators
Any individual or entity who, in good faith, conducts business with a guardian or conservator as to any matter or transaction is entitled to presume that the guardian or conservator is properly authorized to act. The fact that an individual or entity conducts business with a guardian or conservator with knowledge of the representative capacity […]
§44A-3-16. Court Modification of Powers and Duties of Guardian or Conservator
Nothing in this chapter shall prohibit the court from limiting the powers which may otherwise be exercised by a guardian or conservator without prior court authorization, from authorizing transactions which might otherwise be prohibited, or from granting additional powers to a guardian or conservator. Nothing in this chapter shall prohibit a guardian or conservator from […]
§44A-3-17. Petition by Certain Persons for Access to Persons in Guardianship; Hearing and Court Order
(a) As used in this section, unless the context otherwise requires, “relative” means a spouse, parent, grandparent, stepparent, child, grandchild, sibling or half sibling. The term includes said relationships that are created as a result of adoption. (b) A relative may file a petition in circuit court seeking access to and information about a protected […]
§44A-3-18. Guardian’s Duty to Inform Certain Relatives About Protected Person’s Health and Residence
(a) The provisions of this section apply to relatives who have been granted access to a protected person under section seventeen of this article. (b) Except as provided by subsection (d) of this section, the guardian of a protected person shall as soon as practicable inform such relatives if: (1) The protected person dies;
§44A-3-9. Accountings by Conservator
Any conservator appointed pursuant to the provisions of this chapter shall file periodic accountings as provided for under section eleven of this article. (a) The accounting shall include: (1) A listing of the receipts, disbursements and distributions from the estate under the conservator’s control during the period covered by the accounting;
§44A-3-10. Waiver of Accountings
(a) The court, upon petition therefor, may waive the requirement that accountings be filed or may permit accountings to be filed less frequently than annually if it determines that the expense involved or burden placed on the conservator in preparing and presenting annual accountings outweighs the benefit and protection afforded thereby to the protected person. […]
§44A-3-11. Filing of Reports and Accountings; Misdemeanor for Failure to File; Reporting Elder Abuse
(a) Reports of guardians and accountings of conservators, as described in this article shall be filed with the circuit clerk of the county in which appointed and also with the fiduciary commissioner of the county or other person if the court has made a referral in its order: (1) Within six months of being appointed;
§44A-3-12. Self-Dealing and Conflicts of Interest
(a) Unless court approval is first obtained, or unless such relationship existed prior to the appointment and was disclosed in the petition for appointment, a conservator may not: (1) Have any interest, financial or otherwise, directly or indirectly, in any business transaction or activity with the conservatorship;
§44A-3-13. Personal Liability of Guardians
(a) A guardian shall have a fiduciary duty to the protected person for whom he or she was appointed guardian and may be held personally liable for a breach of that duty, including being required to pay restitution for any embezzled or concealed funds. (b) A guardian is not liable for the acts of the […]