US Lawyer Database

For Lawyer-Seekers

YOU DESERVE THE BEST LAWYER

§ 5-104. Facility of transfer

(a) Unless a person required to transfer money or personal property to a minor knows that a conservator has been appointed or that a proceeding for appointment of a conservator of the estate of the minor is pending, the person may do so, as to an amount or value not exceeding $5,000 a year, by […]

§ 5-105. Delegation of power by parent or guardian

A parent or guardian of a minor or incapacitated person, by a power of attorney, may delegate to another person, for a period not exceeding six months, any power regarding care, custody, or property of the minor or ward, except the power to consent to marriage or adoption.

§ 5-106. Subject-matter jurisdiction

Parts 1-4A of this Article apply to, and the Court has jurisdiction over, guardianship and related proceedings for individuals domiciled or present in the Virgin Islands, protective proceedings for individuals domiciled in or having property located in the Virgin Islands, and property coming into the control of a guardian or conservator who is subject to […]

§ 5-107. Transfer of jurisdiction

(a) After the appointment of a guardian or conservator entry of another protective order for a minor, the Court making the appointment or entering the order may transfer the proceeding to a court in another judicial division in the Virgin Islands or to another State if the Court is satisfied that a transfer will serve […]

§ 5-108. Venue

(a) Venue for a guardianship proceeding for a minor is in the judicial division of the Virgin Islands in which the minor resides or is present at the time the proceeding is commenced. (b) Venue for a guardianship proceeding for an incapacitated person is in the judicial division of the Virgin Islands in which the […]

§ 5-110. Letters of Office

Upon the guardian’s filing of an acceptance of office, the Court shall issue appropriate letters of guardianship. Upon the conservator’s filing of an acceptance of office and any required bond, the Court shall issue appropriate letters of conservatorship. Letters of guardianship must indicate whether the guardian was appointed by the Court, a parent, or the […]

§ 5-111. Effect of acceptance of appointment

By accepting appointment, a guardian or conservator submits personally to the jurisdiction of the Court in any proceeding relating to the guardianship or conservatorship. The petitioner shall send or deliver notice of any proceeding to the guardian or conservator at the guardian’s or conservator’s address shown in the court records and at any other address […]

§ 5-112. Termination of, or change in guardian’s or conservator’s appointment

(a) The appointment of a guardian or conservator terminates upon the death, resignation, or removal of the guardian or conservator or upon termination of the guardianship or conservatorship. A resignation of a guardian or conservator is effective when approved by the Court. A parental or spousal appointment as guardian under an informally probated will terminates […]

§ 5-113. Notice

(a) Except as otherwise ordered by the Court for good cause, if notice of a hearing on a petition is required, other than a notice for which specific requirements otherwise provided, the petitioner shall give notice of the time and place of the hearing to the person to be notified. Notice must be given in […]

§ 5-114. Waiver of notice

A person may waive notice by a writing signed by the person or the person’s attorney and filed in the proceeding. However, a respondent, ward, or protected person may not waive notice.

§ 5-115. Guardian ad litem

At any stage of a proceeding, the Court may appoint a guardian ad litem if the Court determines that representation of the interest otherwise would be inadequate. If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several individuals or interests. The Court shall state on the record […]

§ 5-116. Request for notice; interested persons

An interested person not otherwise entitled to notice who desires to be notified before any order is made in a guardianship proceeding, including a proceeding after the appointment of a guardian, or in a protective proceeding, may file a request for notice with the clerk of the court in which the proceeding is pending. The […]