US Lawyer Database

§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-3-6. Protective Arrangements

Upon petition therefor, the court may authorize a conservator to enter into a protective arrangement, to disburse the estate of the protected person and to petition for termination of the conservatorship. “Protective arrangements” include, but are not limited to, the payment, delivery, deposit, or retention of funds or property; the sale, mortgage, lease, or other […]

§44A-3-7. Estate Planning

(a) Upon petition, the court may authorize a conservator to exercise the following powers over the estate or financial affairs of a protected person which the protected person could have exercised if he or she were not subject to conservatorship: (1) To make gifts to charity or other donees and to convey interests in any […]

§44A-3-8. Conservator’s Inventory

(a) Within sixty days following entry of an order of appointment, a conservator shall file with the court an inventory of the real and personal estate of the protected person which has come into the conservator’s possession or knowledge. The inventory shall include, with reasonable detail, a listing of each item of the estate, its […]

§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. […]