26-5-36
Section 26-5-36 Statement of account by court upon failure of conservator or personal
representative to file accounts and vouchers after notice. If a conservator, after notice,
fails to file his or her accounts and vouchers for a final or partial settlement or if the
personal representative of a conservator, after notice, fails to file the accounts
and vouchers of his or her testator or intestate for final settlement, the court of probate
has authority to state an account against the conservator or against his or her personal
representative from the materials on file or of record in the court and from such evidence
as may be adduced, charging such conservator with all wherewith he or she is by law chargeable
and crediting him or her with all wherewith by law he or she ought to be credited. (Code 1886,
§2473; Code 1896, §2358; Code 1907, §4448; Code 1923, §8221; Code 1940, T. 21, §151;
Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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19-1A-14
Section 19-1A-14 (Effective January 1, 2018) Disclosure of digital assets to conservator of
protected person. (a) After an opportunity for a hearing, the court may grant a conservator
access to the digital assets of a protected person. (b) Unless otherwise ordered by the court
or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic
communications sent or received by a protected person and any digital assets, other than the
content of electronic communications, in which the protected person has a right or interest
if the conservator gives the custodian: (1) a written request for disclosure in physical or
electronic form; (2) a copy of the court order that gives the conservator authority over the
digital assets of the protected person; and (3) if requested by the custodian: (A) a number,
username, address, or other unique subscriber or account identifier assigned by the custodian
to identify the account of the protected person; or (B) evidence...
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26-2A-153
shall consider recommendations relating to the appropriate standard of support, education,
and benefit for the protected person or dependents made by a parent or guardian, if any. The
conservator may not be surcharged for sums paid to persons or organizations furnishing support,
education, or maintenance to the protected person or a dependent pursuant to the recommendations
of a parent or guardian of the protected person unless the conservator knows that the parent
or guardian derives personal financial benefit therefrom, including relief from any
personal duty of support, or the recommendations are clearly not in the best interest
of the protected person. (2) The conservator shall expend or distribute sums reasonably necessary
for the health, support, education, or maintenance of the protected person and dependents
with due regard to (i) the size of the estate, the probable duration of the conservatorship,
and the likelihood that the protected person, at some future time, may be...
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26-2A-142
Section 26-2A-142 Compensation; reimbursement; court costs. (a) If not otherwise reasonably
compensated for services rendered, any court representative, attorney, physician, conservator,
or special conservator appointed in a protective proceeding and any attorney whose services
resulted in a protective order or in an order that was beneficial to a protected person's
estate is entitled to reasonable compensation from the estate. The conservator shall be allowed
from the estate of the protective person all reasonable premiums paid on his or her bond and
reimbursement of any court costs paid. (b) If not otherwise reasonably compensated for services
rendered, any court representative, attorney, physician appointed in a guardianship, and any
attorney whose services resulted in a guardianship order or in an order that was beneficial
to a ward is entitled to reasonable compensation from the estate. The guardian may be reimbursed
from the estate of the ward for any court costs paid. (c) Except...
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26-5-8
Section 26-5-8 Final settlement generally - Filing of account and vouchers by conservator;
appointment of guardian ad litem for ward. The conservator, or his or her personal
representative, must file in the court of probate a full account of the conservatorship, accompanied
by the vouchers and verified by affidavit. Upon the filing of such account and vouchers, the
court must appoint a guardian ad litem to represent the ward if he or she be a minor or otherwise
incapacitated. (Code 1886, §2460; Code 1896, §2345; Code 1907, §4435; Code 1923, §8208;
Code 1940, T. 21, §135; Acts 1987, No. 87-590, p. 975, §2-333(b).)...
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26-2A-136
over the estate and business affairs which the person could exercise if present and not under
disability, except the power to make a will. Subject to subsection (c), those powers include,
but are not limited to, power to make gifts; to convey or release contingent and expectant
interests in property, including marital property rights and any right of survivorship incident
to joint tenancy or tenancy by the entirety; to exercise or release powers held by the protected
person as trustee, personal representative, custodian for minors, conservator, or donee
of a power of appointment; to enter into contracts; to create revocable or irrevocable trusts
of property of the estate which may extend beyond the disability or life of the protected
person; to exercise options of the protected person to purchase securities or other property;
to exercise rights to elect options and change beneficiaries under insurance and annuity policies
and to surrender the policies for their cash value; to...
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26-2A-155
Section 26-2A-155 Preservation of estate plan; right to examine. In (i) investing the estate,
(ii) selecting assets of the estate for distribution under subsections (a) and (b) of Section
26-2A-153, and (iii) utilizing powers of revocation or withdrawal available for the support
of the protected person and exercisable by the conservator or the court, the conservator and
the court shall take into account any estate plan of the protected person known to them, including
a will, any revocable trust of which the person is settlor, and any contract, transfer, or
joint ownership arrangement originated by the protected person with provisions for payment
or transfer of benefits or interests at the person's death to another or others. The conservator
may examine the will of the protected person. (Acts 1987, No. 87-590, p. 975, §2-326.)...

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26-2B-302
Section 26-2B-302 Accepting guardianship or conservatorship transferred from another state.
(a) To confirm transfer of a guardianship or conservatorship transferred to this state under
provisions similar to Section 26-2B-301, the guardian or conservator must petition the court
in this state to accept the guardianship or conservatorship. The petition must include the
following: (1) a certified copy of the other state's provisional order of transfer; (2) an
inventory of the protected person's estate as of the date of the petition including certified
records of all bank accounts in the protected person's estate as of the date of the petition;
(3) proof of the conservator's bond; and (4) any final accounting of the protected person's
estate which has been submitted in the prior jurisdiction. If no such accounting was required
by the transferring court, the petitioner must prepare and submit an accounting prior to acceptance.
(b) Notice of a petition under subsection (a) must be given to...
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26-5-12
a minor or incapacitated person may, on the arrival of his or her ward at full age or on termination
of the ward's incapacity or on removal of his or her ward's disabilities of nonage by a court
of competent jurisdiction or, if the ward is married and has attained the age of 18 years,
or if the ward has died, present a verified petition to the court in which the conservatorship
is pending, praying for a final consent settlement by and between him or her and his or her
ward, or the ward's personal representative, if the ward has died. If such consent
settlement is agreed to by the ward, or the ward's personal representative, if the
ward has died, by a written instrument, signed by him or her and acknowledged as conveyances
of real estate are acknowledged, the court may approve such settlement without notice or publication
or posting. The agreement of the ward, or the ward's personal representative, if the
ward has died, may be expressed by joining in the petition with his or her...
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26-2A-135
Section 26-2A-135 Procedure concerning hearing and order on original petition. (a) 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. If the court determines at any time in the proceeding
that the interests of the minor are or may be inadequately represented, it may appoint an
attorney to represent the minor, giving consideration to the choice of the minor if 14 or
more years of age. An attorney appointed by the court to represent a minor may be granted
the powers and duties of a guardian ad litem. (b) Upon receipt of a petition for appointment
of a conservator or other protective order for reasons other than minority, the court shall
set a date for hearing. Unless the person to be protected has chosen counsel, the court shall
appoint an attorney to represent the person who may be granted the powers and duties of a
guardian ad litem. If the alleged disability is mental illness, mental...
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