Title 28 — — Appendix Administrative Order Number 12 — Official Probate Forms

(a) On petition of the guardian of the estate, the court, if satisfied that the action would be in the interest of the ward and his or her estate, may make an order authorizing the settlement or compromise of any claim by or against the ward or his or her estate, whether arising …

(a) (1) The guardian may employ legal counsel in connection with the discharge of his or her duties, and the court shall fix the attorney's fee, which shall be allowed as an item of the expense of administration.(2) If the guardian is an attorney and has performed necessary legal…

(a) Unless otherwise directed by the court, a guardian of the estate shall file with the court a written verified account of his or her administration:(1) Annually within sixty (60) days after the anniversary date of his or her appointment; and(2) Within sixty (60) days after ter…

(a) The guardian of the estate shall file an inventory of the ward's property in the same manner and subject to the same requirements as are provided in § 28-49-110 for the inventory of a decedent's estate. (b) In its discretion, the court may order the appraisement of the ward's…

(1) All guardians shall file an annual report with the court. The report shall contain:(1) The person's current mental, physical, and social conditions;(2) His or her present living arrangements;(3) The need for continued guardianship services;(4) An accounting of his or her esta…

(a) Upon the death of a ward, the guardian of his or her estate is authorized, as such, subject to the direction of the court, to administer the estate of the deceased ward after further letters are issued to him or her, after a hearing, pursuant to a petition for letters, testam…

(a) A guardianship is terminated:(1) If the guardianship was solely because of the ward's incompetency for a cause other than minority, by an adjudication of the competency of the ward;(2) By the death of the ward;(3) If the guardianship was solely because of the ward's minority,…

(1) Upon the petition of the ward or an interested party alleging that the ward is no longer incapacitated or is less incapacitated than would require a full guardianship, the court shall:(1) Conduct a hearing after the petitioner provides proper notice under this chapter to all …

(a) Upon the guardian of an estate's filing receipts or other evidence satisfactory to the court showing that he or she has delivered to the persons entitled thereto all the property for which he or she is accountable as guardian, the court shall make an order discharging the gua…

(a) The parents of a minor, jointly with equal authority if they are husband and wife living together, or the survivor if one (1) parent is dead, or the competent parent if one (1) is incompetent, or the other parent if one (1) parent is imprisoned for a felony, or the parent to …

When the whole estate of a minor or an incompetent does not exceed the value of twenty-five thousand dollars ($25,000), the court, in its discretion, without the appointment of a guardian or the giving of bond, may authorize the payment or delivery of all or any part of the estat…

(a) The circuit court in its discretion, without the appointment of a guardian or the giving of bond, may authorize the payment and delivery of any moneys or other property due or that may in the future become due the minor or incompetent person to some suitable person, instituti…

(a) If an incompetent person who is a resident of another state, a territory of the United States, or the District of Columbia has a guardian, curator, conservator, committee, tutor, or other person authorized by the laws of the other jurisdiction to have possession and control o…

(a) Upon being satisfied that the foreign guardian is duly appointed, qualified, and acting, that his or her bond is sufficient under the laws of the jurisdiction of his or her appointment to protect the property of the ward within the jurisdiction and the property within this st…

If the foreign guardian is a corporation, it need not qualify as a corporation to do business under the general corporation laws of this state to entitle it to administer the property of its ward situated in this state.

This subchapter does not apply to foreign guardianships under the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act, § 28-74-101 et seq.

(a) The Office of Public Guardian for Adults is created. (b) The Public Guardian for Adults shall be the administrator of the office.

(a) (1) The Office of Chief Counsel of the Department of Human Services or the Office of Chief Counsel's designee shall appoint an employee of the Office of Chief Counsel to serve as Public Guardian for Adults.(2) A prior authorized appointment of a public guardian by the Directo…

(a) The Public Guardian for Adults:(1) Shall administer and organize the work of the Office of Public Guardian for Adults;(2) May employ staff as necessary to carry out the functions of the office, including the employment of Deputy Public Guardians for Adults who:(A) Meet the sa…

All correspondence and legal process regarding a public guardianship under this subchapter shall be to or from the Public Guardian for Adults in his or her official capacity.

(a) Bond shall not be required in connection with public guardian services under this subchapter. (b) A fee may not be charged or collected by the circuit clerk or county clerk in connection with public guardian services under this subchapter, including without limitation fees fo…

(a) The court having jurisdiction of the ward may terminate the guardianship as provided under § 28-65-401 et seq., and subject to the procedures required under this section. (b) Neither the Public Guardian for Adults, the Office of Public Guardian for Adults, nor a volunteer sha…

The Department of Human Services may adopt rules necessary to implement this subchapter.