75-5-401. Protective proceedings. (1) Upon petition and after notice and hearing in accordance with the provisions of this part, the court may appoint a conservator or make other protective order for cause as follows: (a) Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a […]
75-5-402. Protective proceedings — Jurisdiction of affairs of protected persons. 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 […]
75-5-403. Venue. Venue for proceedings under this part is: (1) In the county 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 county where he has property. […]
75-5-404. Original petition for appointment or protective order. (1) The person to be protected, any person who is interested in his estate, affairs, or welfare, including his parent, guardian, or custodian, or any person who would be adversely affected by lack of effective management of his property and affairs may petition for the appointment of […]
75-5-405. Notice. (1) On a petition for appointment of a conservator or other protective order, the person to be protected and his spouse or, if none, his parents, must be served personally with notice of the proceeding at least 10 days before the date of the hearing if they can be found within the state, […]
75-5-406. Protective proceedings — Request for notice — Interested person. Any interested person who desires to be notified before any order is made in a protective proceeding may file with the registrar a request for notice subsequent to payment of any fee required by statute or court rule. The clerk shall mail a copy of […]
75-5-407. 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 the hearing on the matters alleged in the petition. If, at any time in the proceeding, the court determines that the […]
Effective 5/13/2014 75-5-408. Permissible court orders. (1) The court has the following powers which may be exercised directly or through a conservator in respect to the estate and affairs of protected persons: (a) While a petition for appointment of a conservator or other protective order is pending and after preliminary hearing and without notice to […]
75-5-409. Protective arrangements and single transactions authorized. (1) If it is established in a proper proceeding that a basis exists as described in Section 75-5-401 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 to achieve any security, service, […]
75-5-410. 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 […]
75-5-411. Bond. Subject to the provisions of Title 7, Financial Institutions Act, relating to the bonding requirements for corporate fiduciaries, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify, unless the court dispenses with such […]
75-5-412. Terms and requirements of bonds. (1) The following requirements and provisions apply to any bond required under Section 75-5-411: (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 […]
75-5-413. Acceptance of appointment — Consent to jurisdiction. 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. Notice of any proceeding shall be delivered to the conservator or mailed to him by registered or certified mail […]
75-5-414. Compensation and expenses. If not otherwise compensated for services rendered, any visitor, lawyer, physician, conservator, or special conservator appointed in a protective proceeding is entitled to reasonable compensation from the estate. If the court appoints the petitioner or the petitioner’s nominee as conservator over the protected person, regardless of whether the nominee is specified […]
Effective 5/13/2014 75-5-415. Death, resignation, or removal of conservator. (1) The court may remove a conservator for good cause, upon notice and hearing, or accept the resignation of a conservator. After the death, resignation, or removal of a conservator, the court may appoint another conservator. A conservator so appointed succeeds to the title and powers […]
Effective 5/13/2014 75-5-416. Petitions for orders subsequent to appointment. (1) Any 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 […]
Effective 5/4/2022 75-5-417. General duty of conservator. (1) A conservator shall act as a fiduciary and shall observe the standards of care as set forth in Section 75-7-902. (2) (a) For all estates in excess of $50,000 excluding the residence owned by the ward, the conservator shall send a report with a full accounting to […]
Effective 5/9/2017 75-5-418. Inventory and records. (1) Within 90 days after appointment of a conservator, the conservator shall prepare and file with the appointing court a complete inventory of the estate of the protected person together with an oath or affirmation that it is complete and accurate so far as the conservator is informed. The […]
75-5-419. Accounts. (1) Every conservator must account to the court for the administration of the estate upon resignation or removal and at any other times the court may direct. (2) On termination of the protected person’s minority or disability, a conservator may account to the court, the former protected person, or the personal representative of […]
75-5-420. Conservators — Title by appointment. (1) The appointment of a conservator vests in the conservator title as fiduciary to all property of the protected person, presently held or thereafter acquired, not including the assets of a trust, including title to any property previously held for the protected person by custodians or attorneys-in-fact, except for […]
