US Lawyer Database

§44A-5-8. Review of Standby Guardianship

A child's parent, stepparent, functional parent, adult sibling or any adult related to the child by blood or marriage may petition the circuit court that approved the standby guardian at any time following such approval for review of whether continuation of the standby guardianship is in the best interest of the child. Notice of the […]

§44A-4-1. Termination of Appointment of Guardian or Conservator

(a) The appointment of a guardian or conservator shall terminate upon the death, resignation or removal of the guardian or conservator. (b) The appointment further terminates upon the death of the protected person. The guardian or conservator shall file the certified death certificate of the protected person with the circuit clerk with a final report […]

§44A-4-2. Appointment of Successor Guardian or Conservator

The court may appoint a successor guardian or conservator prior to or at the time of a termination. A successor guardian appointed prior to a termination shall be immediately empowered to assume the duties of office but shall be required to file the requisite oath, post any required bond, and complete mandatory education, if required […]

§44A-4-3. Resignation of Guardian or Conservator

A guardian or conservator shall petition the court for permission to resign at least sixty days prior to the effective date of resignation. The court shall grant the permission to resign, except for good cause, and, pursuant to the provisions of section two of this article, shall appoint a suitable successor who is willing to […]

§44A-4-4. Removal of Guardian or Conservator

Upon the petition of any interested person or upon the motion of the court, the court may remove a guardian or conservator or order other appropriate relief if the guardian or conservator: (1) Is acting under an order entered pursuant to material misrepresentation or mistake, whether fraudulent or innocent;

§44A-4-5. Duty of Guardian or Conservator Subsequent to Death of Protected Person

In the absence of an advanced directive, such as a will, living will or power of attorney, or preneed burial or cremation contract, after the death of the protected person, a guardian or a conservator, if there is no guardian, shall continue to have authority to make decisions regarding the body of the deceased protected […]

§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 […]