§5-401. Basis for appointment of conservator 1. Conservator for minor; findings. On petition and after notice and hearing, the court may appoint a conservator for the property or financial affairs of a minor, if the court finds by a preponderance of evidence that: A. The minor owns money or property requiring management or protection […]
§5-402. Petition for appointment of conservator 1. Petitioner. The following may petition for the appointment of a conservator: A. The individual for whom the order is sought; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. A person interested in the estate, financial affairs or […]
§5-403. Notice and hearing 1. Date, time and place for hearing. On receipt of a petition for appointment of a conservator under section 5‑402, the court shall set a date, time and place for hearing the petition. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. […]
§5-404. Petition for protective order 1. Petition. The person to be protected, any person who is interested in the estate, affairs or welfare of the person to be protected, including the parent, guardian, custodian or domestic partner of the person to be protected, or any person who would be adversely affected by lack of effective […]
§5-405. Appointment and role of visitor 1. Visitor for minor respondent. If the respondent in a proceeding to appoint a conservator is a minor, the court may appoint a visitor to investigate a matter related to the petition or to inform the minor or a parent of the minor about the petition or a related […]
§5-406. Appointment and role of attorney 1. Attorney for respondent. The court shall appoint an attorney to represent a respondent in a proceeding on a petition under section 5-402 if: A. Requested by the respondent; [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] B. Recommended […]
§5-407. Professional evaluation 1. Evaluation; report. The respondent must be examined by a licensed physician or psychologist who is acceptable to the court, who is qualified to evaluate the respondent’s alleged cognitive and functional abilities and limitations and who will not be advantaged or disadvantaged by a decision to grant the petition and does not […]
§5-408. Attendance and rights at hearing 1. Attendance by respondent required. Except as otherwise provided in subsection 2, a hearing under section 5-403 may proceed only if the respondent attends the hearing. If it is not reasonably feasible for the respondent to attend a hearing at the location court proceedings typically are conducted, the court […]
§5-409. Confidentiality of records (CONTAINS TEXT WITH VARYING EFFECTIVE DATES) (WHOLE SECTION TEXT EFFECTIVE 1/1/23) 1. Matter of public record; exceptions. The existence of a proceeding for or the existence of conservatorship is a matter of public record unless the court seals the record after: A. The respondent, the individual subject to conservatorship or […]
§5-410. Who may be conservator; priorities 1. Priority for appointment. Except as otherwise provided in subsection 3, the court in appointing a conservator shall consider persons otherwise qualified in the following order of priority: A. A conservator, other than a temporary or emergency conservator, currently acting for the respondent in another jurisdiction; [PL […]
§5-411. Order of appointment 1. Conservator for minor; findings. A court order appointing a conservator for a minor must include findings to support appointment of a conservator and, if a full conservatorship is granted, the reason a limited conservatorship would not meet the identified needs of the minor. [PL 2017, c. 402, Pt. A, […]
§5-412. Notice of order of appointment; rights 1. Notice of appointment, order; rights. A conservator appointed under section 5‑401 shall give to the individual subject to conservatorship and to all other persons given notice under section 5‑403 a copy of the order of appointment, together with a notice of the right to request termination or […]
§5-413. Emergency conservator 1. Appointment; findings. On petition by a person interested in an individual’s welfare or on its own after a petition has been filed under section 5‑402, the court may appoint an emergency conservator for the individual if the court finds: A. Appointment of an emergency conservator is likely to prevent substantial […]
§5-414. Powers of conservator requiring court approval 1. Powers requiring specific authorization; notice. Except as otherwise ordered by the court, a conservator must give notice to persons entitled to notice under section 5-403, subsection 4 and receive specific authorization by the court before the conservator may exercise with respect to the conservatorship the power to: […]
§5-415. Petition for order subsequent to appointment An individual subject to conservatorship or a person interested in the welfare of the individual may file a petition in the court for an order: [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 1. Bond or collateral. Requiring the […]
§5-416. Bond or alternative asset-protection arrangement 1. Bond or alternative asset-protection arrangement required. The court shall require a conservator of an estate of $50,000 or more to furnish a bond with a surety the court specifies, or require an alternative asset-protection arrangement, conditioned on faithful discharge of all duties of the conservator. The court may […]
§5-417. Terms and requirements of bond 1. Bond requirements. The following rules apply to the bond required under section 5-416. A. Except as otherwise provided by the bond, the surety and the conservator are jointly and severally liable. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 […]
§5-418. Duties of conservator 1. Duties as fiduciary. A conservator is a fiduciary and has a duty of prudence and duty of loyalty to the individual subject to conservatorship. [PL 2017, c. 402, Pt. A, §2 (NEW); PL 2019, c. 417, Pt. B, §14 (AFF).] 2. Promote self-determination. A conservator shall promote the self-determination […]
§5-419. Conservator’s plan 1. Plan; revision. The petitioner for appointment as conservator for an adult shall file with the petition a plan for protecting, managing, expending and distributing the assets of the conservatorship estate. When there is a change in circumstances or when the conservator seeks to deviate significantly from the conservator’s plan previously filed, […]
§5-420. Inventory; records 1. Inventory. Not later than 90 days after appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the conservatorship estate, together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. [PL 2019, c. 417, […]
