26-3-14
Section 26-3-14 Reduction of conservator's bond upon partial settlement of estate. Upon the filing of any partial settlement by the conservator of a minor or an incapacitated person in the court in which such estate is pending, such conservator may pray for a reduction in the amount of his or her bond as such conservator. Thereupon, the court must set a day for the hearing of such partial settlement and must cause notices to be issued to all parties in interest as is now provided by law for final settlements of such estates and, on the day set for hearing, the court may fix the amount to which the bond shall be reduced, which shall be determined as now provided by law for such bonds. (Acts 1939, No. 560, p. 883; Code 1940, T. 21, §40; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-5-15
Section 26-5-15 Notice of filing of annual, partial, or final settlement; finality of orders or decrees of court as to such settlement, etc., generally; reopening of accounts. Whenever any conservator shall file any annual, partial, or final settlement in any court having jurisdiction thereof, the court shall, at the request of such conservator, require that notice thereof be given in the same manner as required by law in cases of final settlements. Any order or decree of the court on such settlement after such notice shall be final and conclusive as to all items of receipts and disbursements and other transactions and matters shown therein and as to all fees and compensation fixed or allowed to such conservator and attorney, and appeals therefrom shall and must be taken in the manner provided for from any other final decrees of such court. Thereafter, at any time prior to final settlement, the account may be reopened by the court on motion or petition of the conservator or ward or...
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26-2A-144
Section 26-2A-144 Petitions for orders subsequent to appointment. (a) Any person interested in the welfare of a person for whom a conservator has been appointed, any person interested in the proper administration of the estate, or the court on its own motion, may file a petition in the appointing court or the court to which the conservatorship has been transferred for an order: (1) Requiring bond or collateral or additional bond or collateral, or reducing bond; (2) Requiring an accounting for the administration of the trust; (3) Directing distribution; (4) Removing the conservator and appointing a temporary or successor conservator; or (5) Granting other appropriate relief. (b) A conservator may petition the appointing court or the court to which the conservatorship has been transferred for instructions concerning fiduciary responsibility. (c) Upon notice and hearing, the court may give appropriate instructions or make any appropriate order. (d) If, on the hearing, it should appear...
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26-2A-151
Section 26-2A-151 Persons dealing with conservators; protection. (a) A person who in good faith either assists or deals with a conservator for value in any transaction other than those requiring a court order as provided in Section 26-2A-136 is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or the propriety of its exercise, but restrictions on powers of conservators which are endorsed on letters as provided in Section 26-2A-154 are effective as to third persons. A person is not bound to see to the proper application of estate assets paid or delivered to a conservator. (b) The protection expressed in this section extends to any procedural irregularity or jurisdictional defect occurring in proceedings leading to the issuance of letters and is not a substitution for protection provided by comparable provisions of the law relating to commercial...
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26-2A-32
Section 26-2A-32 Venue; multiple proceedings; transfer. (a) If a proceeding under this chapter could be maintained in more than one place in this state, the court in which the proceeding is first commenced has the exclusive right to proceed. (b) If proceedings concerning the same estate, protected person, or ward are commenced in more than one court of this state, the court in which a proceeding was first commenced shall continue to hear the matter and determine venue. Any other court shall hold the matter in abeyance until the question of venue is decided. If the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court. (c) If the court finds that in the interest of justice a proceeding or a file should be located in another court of this state, the court may transfer the proceeding or file to the other court. (Acts 1987, No. 87-590, p. 975, §1-303.)...
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26-2A-34
Section 26-2A-34 Records and certified copies. The clerk of court shall keep a record for each ward or protected person involved in any document that may be filed with the court under this chapter, including petitions, requests, and any orders or responses by the court relating thereto, and establish and maintain a system for indexing, filing, or recording which is sufficient to enable users of the records to obtain adequate information. Upon payment of the required fees, the clerk shall issue certified copies of any letters issued to any guardian or conservator or of any other document filed or recorded. Certificates relating to letters must show the date of appointment. (Acts 1987, No. 87-590, p. 975, §1-305.)...
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38-9F-6
Section 38-9F-6 Sworn petition for relief on behalf of elderly person. (a) If a plaintiff lacks the physical or mental capacity to seek protection for himself or herself, the following may file a sworn petition for relief on behalf of the plaintiff: (1) A court appointed guardian. The petition must include a copy of the court order appointing the petitioner as the plaintiff's guardian. (2) A court appointed conservator. The petition must include a copy of the court order appointing the petitioner as the plaintiff's conservator. (3) A temporary guardian appointed pursuant to Section 26-2A-107. The petition must include a copy of the court order appointing the petitioner as the plaintiff's temporary guardian. (4) An agent, co-agent, or successor agent appointed under the plaintiff's validly executed power of attorney who acts within the authority of the power of attorney. The petition shall include a copy of the power of attorney. (5) A health care proxy appointed under the plaintiff's...
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26-2-45
Section 26-2-45 Procedure generally - Entry of decree, recordation of proceedings and appointment of conservator by court upon rendition of verdict of jury. If the jury find by their verdict that the facts alleged in the petition are true and that such person is incapacitated, the court shall enter a decree accordingly, and must cause the petition and all the proceedings thereon to be recorded and appoint a suitable conservator of such person. (Code 1852, §2753; Code 1867, §3192; Code 1876, §2760; Code 1886, §2395; Code 1896, §2260; Code 1907, §4350; Code 1923, §8108; Code 1940, T. 21, §14; Acts 1982, No. 82-384, p. 561, §2; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-2A-145
Section 26-2A-145 Conservator's standard of care and performance. A conservator, in relation to powers conferred by this division, or implicit in the title acquired by virtue of the proceeding, shall observe the standards in dealing with the estate of the protected person that would be observed by a prudent person dealing with the property of another, and if the conservator has special skills or is appointed conservator on the basis of representations of special skills or expertise, the conservator is under a duty to use those skills. (Acts 1987, No. 87-590, p. 975, §2-316.)...
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26-5-39
Section 26-5-39 Proceedings upon failure of conservator or personal representative to appear and file accounts and vouchers on appointed day. If such conservator or personal representative fails to appear and file his or her accounts and vouchers for settlement, any person having an interest may appear and contest such account and the court must hear and determine such contest and, whether such contest be made or not, must render a decree on such account which has the force and effect of a decree rendered on a voluntary settlement by such conservator or personal representative. (Code 1886, §2476; Code 1896, §2361; Code 1907, §4451; Code 1923, §8224; Code 1940, T. 21, §154; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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