72-5-401. Original petition for appointment or protective order — who may petition. The person to be protected, any person who is interested in that person’s estate, affairs, or welfare, including that person’s parent, guardian, or custodian, or any person who would be adversely affected by lack of effective management of the property and affairs of the […]
72-5-402. Contents of petition. (1) The petition must set forth to the extent known: (a) the interest of the petitioner; (b) the name, age, residence, and address of the person to be protected; (c) the name and address of that person’s guardian, if any; (d) the name and address of that person’s nearest relative known to the petitioner; (e) a general […]
72-5-403. Notice — waiver. (1) On a petition for appointment of a conservator or other protective order, the person to be protected and the person’s spouse or, if none, the person’s parents must be served personally with notice of the proceeding at least 14 days before the date of hearing if they can be found within […]
72-5-404. Request for notice — interested person. (1) An interested person who desires to be notified before any order is made in a protective proceeding may file with the clerk a request for notice subsequent to payment of any fee required by statute or court rule. The clerk shall mail a copy of the demand to […]
72-5-405. Exclusive and concurrent jurisdiction of particular court after petition and notice. After the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition is filed has: (1) exclusive jurisdiction to determine the need for a conservator or other […]
72-5-406. Consent to jurisdiction by acceptance of appointment as conservator. (1) By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. (2) Notice of any proceeding must be delivered to the conservator or mailed to the conservator by certified […]
72-5-407. Venue. Venue for proceedings under this part is: (1) in the place in this state where the person to be protected resides, whether or not a guardian has been appointed in another place; or (2) if the person to be protected does not reside in this state, in any place where the person has property. History: En. 91A-5-403 […]
72-5-408. Procedure concerning hearing and order on original petition. (1) Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall set a date for hearing on the matters alleged in the petition. If at any time in the proceeding the court determines that the interests of […]
72-5-409. Cause for appointment of conservator or issuance of protective order. Upon petition and after notice and hearing in accordance with the provisions of this part, the court may appoint a conservator or make another protective order for cause as follows: (1) Appointment of a conservator or other protective order may be made in relation to the […]
72-5-410. Who may be appointed conservator — priorities. (1) The court may appoint an individual or a corporation with general power to serve as trustee as conservator of the estate of a protected person. The following are entitled to consideration for appointment in the order listed: (a) a conservator, guardian of property, or other like fiduciary appointed […]
72-5-411. Bond — court may require — amount. (1) The court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law with sureties that it specifies. (2) Unless otherwise directed, the bond must be in the amount of the aggregate capital value of the property of […]
72-5-412. Terms and requirements of bond. (1) The following requirements and provisions apply to any bond required under 72-5-411: (a) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other. (b) By executing an approved bond of a conservator, the surety consents to the jurisdiction […]
72-5-413. Petitions for orders subsequent to appointment — interested persons. (1) A person interested in the welfare of a person for whom a conservator has been appointed may file a petition in the appointing court for an order: (a) requiring bond or security or additional bond or security or reducing bond; (b) requiring an accounting for the administration […]
72-5-414. Resignation or removal of conservator for cause — successor conservator. The court may remove a conservator for good cause, upon notice and hearing, or may accept the resignation of a conservator. After the conservator’s death, resignation, or removal, the court may appoint another conservator. A conservator so appointed succeeds to the title and powers of […]
72-5-415. Public administrator as conservator when no other appropriate person. (1) Whenever a professional person, as defined in 53-21-102, has reason to believe that any person is in need of the appointment of a conservator for the effective management of the person’s property or affairs under this part and that the person has no relative, friend, […]
72-5-416 through 72-5-420 reserved.
72-5-421. Powers of court as to property and affairs of protected persons generally — temporary conservatorship. The court has the following powers that may be exercised directly or through a conservator in respect to the estate and affairs of protected persons: (1) While a petition for appointment of a conservator or other protective order is pending and […]
72-5-422. Power of court to authorize particular protective arrangements or transactions without appointing conservator. (1) If it is established in a proper proceeding that a basis exists as described in 72-5-409 for affecting the property and affairs of a person, the court without appointing a conservator may authorize, direct, or ratify any transaction necessary or desirable […]
72-5-423. Fiduciary duty of conservator. In the exercise of a conservator’s powers, a conservator is to act as a fiduciary and shall observe the standards of care applicable to trustees. History: En. 91A-5-417 by Sec. 1, Ch. 365, L. 1974; R.C.M. 1947, 91A-5-417; amd. Sec. 2424, Ch. 56, L. 2009.
72-5-424. Inventory and records. (1) Within 90 days after appointment, a conservator shall prepare and file with the appointing court a complete inventory of the estate of the protected person, together with the conservator’s oath or affirmation that it is complete and accurate so far as the conservator is informed. The conservator shall provide a copy […]
