§44A-3-14. Personal Liability of Conservators
(a) A conservator shall have a fiduciary duty to the protected person for whom he or she was appointed conservator 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) Unless otherwise provided in the contract, a conservator is not […]
§44A-3-5. Sale or Mortgage of Real Estate
(a) A conservator shall not sell real estate and shall not be authorized to mortgage any real estate without approval of the court. (b) Following a petition by the conservator for the sale or mortgage of real property, the court or mental hygiene commissioner shall appoint a guardian ad litem and set a hearing on […]
§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-3-1. Duties of Guardian of Protected Person
(a) The guardian of a protected person owes a fiduciary duty to the protected person and is responsible for obtaining provision for and making decisions with respect to the protected person’s support, care, health, habilitation, education, therapeutic treatment, social interactions with friends and family, and, if not inconsistent with an order of commitment or custody, […]
§44A-3-2. Reports by Guardian of Protected Person
(a) Any guardian appointed pursuant to the provisions of this chapter shall file periodic reports, in accordance with section eleven of this article including: (1) A description of the current mental, physical, and social condition of the protected person;
§44A-3-3. Distributive Duties and Powers of the Conservator of a Protected Person
(a) A conservator of a protected person, without the necessity of seeking prior court authorization, shall apply the income and principal of the estate as needed for the protected person’s support, care, health, and if applicable, habilitation, education or therapeutic needs. A conservator shall also apply the income and principal as needed for the support […]
§44A-3-4. Management Powers and Duties of Conservator
(a) A conservator, in managing the estate, shall act as a fiduciary and serve in the best interests of the protected person and, in addition, has the following powers which may be exercised without prior court authorization, except as otherwise specifically provided: (1) To invest and reinvest the funds of the estate in accordance with […]