Title 14 — Trusts, Estates and Protective Proceedings

In this title, unless the context otherwise requires: 1. "Contact" includes in-person contact, written communication and all forms of electronic communications. 2. "Contact order" means an order allowing contact between a ward and a person with a significant relationship to the w…

A. The court has jurisdiction over protective proceedings and guardianship proceedings. B. When both guardianship and protective proceedings as to the same person are commenced or pending in the same court, the proceedings may be consolidated.

A. Any person under a duty to pay or deliver money or personal property to a minor, including monies related to the settlement of a civil claim, may perform this duty, in amounts not exceeding ten thousand dollars per annum, by paying or delivering the money or property to any of…

A parent or a guardian of a minor or incapacitated person, by a properly executed power of attorney, may delegate to another person, for a period not exceeding six months, any powers he may have regarding care, custody or property of the minor child or ward, except power to conse…

Guardians coming into the possession or control of funds or other property of persons under disability may be required by the court to furnish a bond in an amount and under the conditions set forth for conservators in section 14-5411 and 14-5412.

A. Before being appointed as a temporary or permanent guardian or conservator every proposed appointee, except entities referred to in section 14-5411, subsection B, shall provide to the court, under oath, the following information: 1. Whether or not the proposed appointee has be…

A. A military member who is a parent or guardian of a minor child or ward may delegate to another person, for a period not to exceed one year, any powers the parent or guardian have regarding care, custody or property of the minor child or ward, except the power to consent to mar…

The court may appoint a guardian of an adult foreign citizen if all of the following are true: 1. The foreign citizen is under twenty-one years of age. 2. The foreign citizen has a temporary visa issued by the United States or is a legal permanent resident.

A. When a guardian, a conservator, an attorney or a guardian ad litem who intends to seek compensation from the estate of a ward or protected person first appears in the proceeding, that person must give written notice of the basis of the compensation by filing a statement with t…

A. In a guardianship, conservatorship or protective proceeding, unless a later claim deadline is established in advance by the court, a claim for compensation by attorneys or guardians ad litem who intend to be paid by the ward or protected person's estate is waived if not submit…

1. Interview the alleged incapacitated person or person allegedly in need of protection. 2. Inform the alleged incapacitated person or person allegedly in need of protection of all the following: (a) The right to a trial by jury pursuant to section 14-1306. (b) The right to selec…

A person becomes a guardian of a minor by acceptance of a testamentary appointment or upon appointment by the court. The guardianship status continues until terminated, without regard to the location from time to time of the guardian and minor ward.

The parent of a minor may appoint by will a guardian of an unmarried minor. Subject to the right of the minor under section 14-5203, a testamentary appointment becomes effective upon filing the guardian's acceptance in the court in which the will is probated, if before acceptance…

A minor of fourteen or more years may prevent an appointment of his testamentary guardian from becoming effective, or may cause a previously accepted appointment to terminate, by filing with the court in which the will is probated a written objection to the appointment before it …

A. The court may appoint a guardian for a minor if the court finds that the appointment is in the best interest of the minor and that one of the following applies: 1. After being fully informed of the nature of a guardianship appointment, each living parent of the minor consents …

The venue for guardianship proceedings for a minor is in the place where the minor resides or is present.

A. The court shall appoint as guardian a person whose appointment would be in the best interests of the minor. The court may appoint a person nominated by the minor, if the minor is fourteen years of age or older, unless the court finds the appointment contrary to the best intere…

A. Any person who is interested in the welfare of a minor may petition the court for appointment of a guardian. The court shall then set a hearing date. The petitioner shall give notice of the time and place of the hearing in the manner prescribed by section 14-1401 to: 1. A mino…

By accepting a testamentary or court appointment as guardian a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding shall be delivered to the guardian,…

A. A guardian of a minor has the powers and responsibilities of a custodial parent regarding the ward’s support, care and education. A guardian is not personally liable for the ward’s expenses and is not liable to third persons by reason of the relationship for acts of the ward. …

A guardian's authority and responsibility terminates on the death, resignation or removal of the guardian or on the minor's death, adoption, marriage or attainment of majority. Termination does not affect the guardian’s liability for prior acts or the guardian’s obligation to acc…

A. The court where the ward resides has concurrent jurisdiction with the court which appointed the guardian, or in which acceptance of a testamentary appointment was filed, over resignation, removal, accounting and other proceedings relating to the guardianship. B. If the court l…

A. Any person interested in the welfare of a ward or the ward, if fourteen or more years of age, may petition for removal of a guardian on the ground that removal would be in the best interests of the ward, or for any other order that is in the best interest of the ward. A guardi…

A. A court may not refuse to appoint an individual as guardian of a minor based on the individual's blindness if the appointment is determined to be otherwise in the best interests of the minor. B. If an individual's blindness is alleged to have a detrimental impact on a minor, t…

A. A parent, by will or other signed writing, may appoint a guardian for an unmarried child who the parent believes is an incapacitated person, specify desired limitations on the powers to be given to the guardian and revoke or amend the appointment before confirmation by the cou…

A. The appointment of a guardian pursuant to section 14-5301 is effective on the death of the appointing parent or spouse, the adjudication of incapacity of the appointing parent or spouse or a written determination by a physician who has examined the appointing parent or spouse …

A person becomes a guardian of an incapacitated person by a parental or spousal appointment or on appointment by the court. The guardianship continues until it is terminated, without regard to the location of the guardian or the ward.

A. A party that is interested in the welfare of a minor who is at least seventeen years six months of age and who is alleged to be incapacitated may initiate guardianship proceedings pursuant to this article and request that any guardianship order take effect immediately on the m…

A party that is interested in the welfare of a minor who is at least seventeen years six months of age and who is alleged to be in need of protection may petition the court for appointment of a conservator or request an appropriate protective order pursuant to section 14-5404 and…

The venue for guardianship proceedings for an incapacitated person is in the county where the incapacitated person resides or is present. If the incapacitated person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also in the county …

A. The alleged incapacitated person or any person interested in that person's affairs or welfare may petition for the appointment of a guardian or for any other appropriate protective order. B. The petition shall contain a statement that the authority granted to the guardian may …

A. In exercising its appointment authority pursuant to this chapter, the court shall encourage the development of maximum self-reliance and independence of the incapacitated person. B. The court may appoint a general or limited guardian as requested if the court finds by clear an…

A. On the appointment of a guardian, the court may determine that the ward's privilege to obtain or retain a driver license should be suspended and issue an order suspending the privilege. B. If the court is presented with sufficient medical or other evidence to establish that th…

A person for whom a limited guardian is appointed shall retain the right to vote if the person files a petition, has a hearing and the judge determines by clear and convincing evidence that the person retains sufficient understanding to exercise the right to vote.

By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person. Notice of any proceeding shall be delivered to the guardian or mailed to him by ordinary mail a…

Except pursuant to section 14-5317, the authority and responsibility of a guardian for an incapacitated person terminates on the death of the guardian or ward, a determination of incapacity of the guardian, or substitution or resignation as provided in section 14-5307. Testamenta…

A. On petition of the ward or any person interested in the ward's welfare, or on the court's own initiative, the court shall substitute a guardian and appoint a successor if it is in the best interest of the ward. The court does not need to find that the guardian acted inappropri…

A. An investigator appointed by the court under sections 14-5303 and 14-5407 shall have a background in law, nursing or social work and shall have no personal interest in the proceedings. B. The investigator shall conduct an investigation before the court appoints a guardian or a…

A. In a proceeding for a contact order or modification of a contact order pursuant to section 14-5316 or for the appointment or substitution of a guardian of a ward or an alleged incapacitated person other than the appointment of a temporary guardian or temporary suspension of a …

A. If an alleged incapacitated person has no guardian and an emergency exists or if an appointed guardian is not effectively performing the duties of a guardian and the welfare of the ward is found to require immediate action, the alleged incapacitated person, the ward or any per…

A. Adult protective services workers of the department of economic security charged with responsibilities involving protection of incapacitated and abused, exploited or neglected adults may present themselves before the court to apply for and obtain special visitation warrants. T…

A. Any qualified person may be appointed guardian of an incapacitated person, subject to the requirements of section 14-5106. B. The court may consider the following persons for appointment as guardian in the following order: 1. A guardian or conservator of the person or a fiduci…

A. A guardian of an incapacitated person has the same powers, rights and duties respecting the guardian's ward that a parent has respecting the parent's unemancipated minor child, except that a guardian is not liable to third persons for acts of the ward solely by reason of the g…

A. Except as provided in subsection B of this section, a guardian of an incapacitated person may consent to psychiatric and psychological care and treatment, including the administration of psychotropic medications, if the care and treatment take place outside an inpatient psychi…

A. Notwithstanding the procedures and requirements prescribed in title 36, chapter 5, articles 4 and 5 relating to involuntary court-ordered evaluation or treatment, if the guardian who is granted the authority to consent to inpatient mental health care or treatment pursuant to s…

A. The court at the place where the ward resides has concurrent jurisdiction with the court that appointed the guardian or in which acceptance of a parental or spousal appointment was filed, over resignation, substitution, accounting and other proceedings relating to the guardian…

A. If not otherwise compensated for services rendered, an investigator, accountant, lawyer, physician, registered nurse, psychologist, guardian or guardian ad litem who is appointed pursuant to this article, including an independent lawyer representing the alleged incapacitated p…

A. A guardian shall submit a written report to the court annually, pursuant to rules adopted by the supreme court, on resignation or substitution as guardian and on termination of the ward's disability. B. The guardian shall mail a copy of the report to: 1. The ward. 2. The ward'…

A. A guardian shall encourage and allow contact between the ward and other persons who have a significant relationship with the ward. B. Notwithstanding subsection A of this section, a guardian shall not limit, restrict or prohibit contact between the ward and any person with who…

A. A guardian shall notify the family members of an adult ward if either of the following occurs: 1. The adult ward is admitted to a hospital for a period of more than three days. 2. The adult ward dies. This notification shall include information about any known funeral arrangem…