Title 30A, Uniform Probate Code

§560:5-308 Judicial appointment of guardian; presence and rights at hearing. (a) Unless excused by the court for good cause, the proposed guardian shall attend the hearing. The respondent shall attend and participate in the hearing, unless excused by the court for good cause. The…

§560:5-309 Notice. (a) A copy of a petition for guardianship and notice of the hearing on the petition shall be served personally on the respondent. The notice shall include a statement that the respondent must be physically present unless excused by the court, inform the respond…

§560:5-310 Who may be guardian; priorities. (a) Subject to subsection (c), the court in appointing a guardian shall consider persons otherwise qualified in the following order of priority: (b) With respect to persons having equal priority, the court shall select the one it consid…

§560:5-311 Findings; order of appointment. (a) The court may: (b) The court, whenever feasible, shall grant to a guardian only those powers necessitated by the ward's limitations and demonstrated needs and make appointive and other orders that will encourage the development of th…

§560:5-312 Emergency guardian. (a) If the court finds that compliance with the procedures of this part will likely result in substantial harm to the respondent's health, safety, or welfare, and that no other person appears to have authority and willingness to act in the circumsta…

§560:5-313 Temporary substitute guardian. (a) If the court finds that a guardian is not effectively performing the guardian's duties and that the welfare of the ward requires immediate action, it may appoint a temporary substitute guardian for the ward for a specified period not …

§560:5-314 Duties of guardian. (a) Except as otherwise limited by the court, a guardian shall make decisions regarding the ward's support, care, education, health, and welfare. A guardian shall exercise authority only as necessitated by the ward's limitations and, to the extent p…

§560:5-315 Powers of guardian. (a) Except as otherwise limited by the court, a guardian may: (b) The court may specifically authorize the guardian to consent to the adoption of the ward. [L 2004, c 161, pt of §1]

§560:5-316 Rights and immunities of guardian; limitations. (a) A guardian shall be entitled to such reasonable compensation from the ward's estate for services as guardian and to reimbursement for room, board, and clothing provided to the ward, as is approved by order of the cour…

§560:5-317 Reports; monitoring of guardianship. (a) Within thirty days after appointment, a guardian shall report to the court in writing on the condition of the ward and account for money and other assets in the guardian's possession or subject to the guardian's control. A guard…

§560:5-318 Termination or modification of guardianship. (a) A guardianship terminates upon the death of the ward or upon order of the court. (b) On petition of a ward, a guardian, or another person interested in the ward's welfare, the court may terminate a guardianship if the wa…

§560:5-401 Protective proceeding. Upon petition and after notice and hearing, the court may appoint a limited or unlimited conservator or make any other protective order provided in this part in relation to the estate and affairs of:

§560:5-402 Jurisdiction over business affairs of protected person. After the service of notice in a proceeding seeking a conservatorship or other protective order and until termination of the proceeding, the court in which the petition is filed has:

§560:5-403 Original petition for appointment or protective order. (a) The following persons may petition for the appointment of a conservator or for any other appropriate protective order: (b) The petition under subsection (a) shall set forth the petitioner's name, residence, cur…

§560:5-404 Notice. (a) A copy of the petition and the notice of hearing on a petition for conservatorship or other protective order shall be served personally on the respondent if the respondent has attained fourteen years of age, but if the respondent's whereabouts is unknown or…

§560:5-405 Original petition; minors; preliminaries to hearing. (a) Upon the filing of a petition to establish a conservatorship or for another protective order for the reason that the respondent is a minor, the court shall set a date for hearing. If the court determines at any s…

§560:5-406 Original petition; preliminaries to hearing. (a) Upon the filing of a petition for a conservatorship or other protective order for a respondent for reasons other than being a minor, the court shall set a date for hearing. The court may appoint a kokua kanawai. The duti…

§560:5-407 Confidentiality of records. The written report of a kokua kanawai and any professional evaluation are confidential and shall be sealed upon filing, but shall be available to:

§560:5-408 Original petition; procedure at hearing. (a) Unless excused by the court for good cause, a proposed conservator shall attend the hearing. The respondent shall attend the hearing, unless excused by the court for good cause. The respondent may present evidence and subpoe…

§560:5-409 Original petition; orders. (a) If a proceeding is brought for the reason that the respondent is a minor, after a hearing on the petition, upon finding that the appointment of a conservator or other protective order is in the best interest of the minor, the court shall …

§560:5-410 Powers of court. (a) After hearing and upon determining that a basis for a conservatorship or other protective order exists, the court shall have the following powers which may be exercised directly or through a conservator: (b) Subject to section 560:5-110 requiring e…

§560:5-411 Required court approval. (a) After notice to interested persons and upon express authorization of the court, a conservator may: (b) A conservator, in making, amending, or revoking the protected person's will, shall comply with state laws for executing wills. (c) The co…

§560:5-412 Protective arrangements and single transactions. (a) If a basis is established for a protective order with respect to an individual, the court, without appointing a conservator, may: (b) In deciding whether to approve a protective arrangement or other transaction under…

§560:5-413 Who may be conservator; priorities. (a) Except as otherwise provided in subsection (d), the court, in appointing a conservator, shall consider persons otherwise qualified in the following order of priority: (b) A person having priority under subsection (a)(1), (4), (5)…

§560:5-414 Petition for order subsequent to appointment. (a) A protected person or a person interested in the welfare of a protected person may file a petition in the appointing court for an order: (b) A conservator may petition the appointing court for instructions concerning fi…

§560:5-415 Bond. The court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservatorship according to law, with sureties as it may specify. Unless otherwise directed by the court, the cost of the bond shall be charged to the …

§560:5-416 Terms and requirements of bond. (a) The following rules apply to any bond required: (b) A proceeding may not be brought against a surety on any matter as to which an action or proceeding against the primary obligor is barred. [L 2004, c 161, pt of §1]

§560:5-417 Compensation and expenses. If not otherwise compensated for services rendered, a guardian, conservator, physician, lawyer for the respondent, lawyer whose services resulted in a protective order or in an order beneficial to a protected person's estate, or any person ap…

§560:5-418 General duties of conservator. (a) A conservator, in relation to powers conferred by this article or implicit in the title acquired by virtue of the proceeding, shall be a fiduciary and shall observe the standards of care applicable to a trustee. (b) A conservator may …

§560:5-419 Inventory; records. (a) Within sixty days after entry of the order of appointment, a conservator shall prepare and file with the appointing court a detailed inventory of the estate subject to the conservatorship, together with an oath or affirmation that the inventory …

§560:5-420 Reports; appointment of kokua kanawai. (a) A conservator shall file a petition for approval of accounts and report to the court for administration of the estate annually unless the court otherwise directs, upon resignation or removal, upon termination of the conservato…

§560:5-421 Title by appointment. (a) The appointment of a conservator vests title in the conservator as trustee to all property of the protected person, or to the part thereof specified in the order, held at the time of appointment or thereafter acquired, including title to any p…

§560:5-422 Protected person's interest inalienable. (a) Except as otherwise provided in subsections (c) and (d), the interest of a protected person in property vested in a conservator is not transferable or assignable by the protected person. An attempted transfer or assignment b…

§560:5-423 Sale, encumbrance, or other transaction involving conflict of interest. Any transaction involving the conservatorship estate that is affected by a substantial conflict between the conservator's fiduciary and personal interests is voidable unless the transaction is expr…

§560:5-424 Protection of person dealing with conservator. (a) A person who assists or deals with a conservator in good faith and for value in any transaction other than one requiring a court order under section 560:5-410 or 560:5-411 is protected as though the conservator properl…

§560:5-425 Powers of conservator in administration. (a) Except as otherwise qualified or limited by the court in its order of appointment and endorsed on the letters, a conservator has all of the powers granted in this section and any additional powers granted by law to a trustee…

§560:5-426 Delegation. (a) A conservator shall not delegate to an agent or another conservator the entire administration of the estate, but a conservator may otherwise delegate the performance of functions that a prudent trustee of comparable skills may delegate under similar cir…

§560:5-427 Principles of distribution by conservator. (a) Unless otherwise specified in the order of appointment and endorsed on the letters of appointment, a conservator may expend or distribute income or principal of the estate of the protected person without further court auth…

§560:5-428 Death of protected person. If a protected person dies, the conservator, with reasonable promptness shall deliver any will of the protected person that may have come into the conservator's possession to a person able to secure its probate or, if none is known, deposit t…

§560:5-429 Presentation and allowance of claims. (a) A conservator may pay, or secure by encumbering assets of the estate, claims against the estate or against the protected person arising before or during the conservatorship upon their presentation and allowance in accordance wi…

§560:5-431 Termination of proceedings. (a) A conservatorship terminates upon the death of the protected person or upon order of the court. Unless created for reasons other than that the protected person is a minor, a conservatorship created for a minor also terminates when the pr…

§560:5-432 Payment of debt and delivery of property to foreign conservator without local proceeding. (a) A person who is indebted to, or has the possession of tangible or intangible property of a protected person, may pay the debt or deliver the property to a foreign conservator,…

§560:5-433 Foreign conservator; proof of authority; bond; powers. If a conservator has not been appointed in this State and a petition in a protective proceeding is not pending in this State, a conservator appointed in the state in which the protected person resides may file in a…

[PART 6.] INCAPACITATED PERSONS STERILIZATION RIGHTS §560:5-601 Definitions. As used in this part: "Adult" means an individual who has attained the age of eighteen years. "Court" means any duly constituted court. "Incapacitated person" means a person as defined in section 560:5-1…

[§560:5-602] Sterilization of wards. Persons who are wards and who have attained the age of eighteen years have the legal right to be sterilized when at least thirty days, but not more than one hundred eighty days, have passed following the entry of an order providing for sterili…

[§560:5-603] Initiation of proceeding. The ward or any interested person may file a petition with the family court, in the circuit in which the ward resides, alleging that the ward meets the requirements for sterilization. [L 1986, c 81, pt of §2]

[§560:5-604] Appointment of guardian ad litem. The court, upon receipt of the petition, shall appoint a guardian ad litem to represent the ward. [L 1986, c 81, pt of §2]

[§560:5-605] Notice. The court shall order that the petition be served personally upon the ward, the guardian, and the guardian ad litem for the ward, and such other persons as the court may designate. [L 1986, c 81, pt of §2]

[§560:5-606.5] Reproductive rights advisory list. The family court may maintain a resource list of advisors in the disciplines of law, medicine, theological or philosophical ethics, social work, and psychology or psychiatry with knowledge regarding the reproductive rights of inca…

§560:5-607 Hearing. (a) The court shall set a hearing on the petition and shall order that notice of the time and place of hearing be provided to the ward, the guardian, and the guardian ad litem for the ward and any other persons that the court may designate. (b) The ward shall …