Title 93, Domestic Relations

(1) On receipt of a petition under Section 93-20-402 for appointment of a conservator for a respondent, the court must set a date, time, and place for a hearing on the petition, and unless the court finds that the respondent for whom the conservator is to be appointed is competen…

While a petition under Section 93-20-402 is pending, after preliminary hearing and without notice to others, the court may issue an order to preserve and apply property of the respondent as required for the support of the respondent or an individual who is in fact dependent on th…

The court may appoint a guardian ad litem to any respondent and allow suitable compensation payable out of the estate of the respondent, but the appointment shall not be made unless the court considers it necessary; a judgment of any court is not void or erroneous because of the …

If the respondent in a proceeding for appointment of a conservator is not represented by an attorney, the court, in its discretion, may appoint an attorney to represent the respondent.

(1) The chancery court must conduct a hearing to determine whether a conservator is needed for the respondent. Before the hearing, the court, in its discretion, may appoint a guardian ad litem, and the guardian ad litem must be present at the hearing and present the interests of …

(1) At a hearing under this article, the respondent may:(a) Present evidence and subpoena witnesses and documents;(b) Examine witnesses; and(c) Otherwise participate in the hearing. (a) Present evidence and subpoena witnesses and documents; (b) Examine witnesses; and (c) Otherwis…

(1) An individual subject to a proceeding for a conservatorship, an attorney designated by the respondent or ward, and a person entitled to notice either under Section 93-20-411(5) or court order may access court records of the proceeding and resulting conservatorship, including …

(1) Appointment of a conservator is at the discretion of the court, and in the best interest of the respondent. If two (2) or more persons have requested responsibility as conservator, the court shall select as conservator the person the court considers best qualified. In determi…

(1) A court order appointing a conservator for a minor must include findings to support appointment of a conservator and, if a full conservatorship is granted, the reason a limited conservatorship would not meet the identified needs of the minor. (2) A court order appointing a co…

(1) A conservator appointed under Section 93-20-411 must give to the ward and to all other persons given notice under Section 93-20-403 a copy of the order of appointment. The order and notice must be given not later than fourteen (14) days after the appointment. (2) Not later th…

(1) Upon a petition by a person interested in an individual’s welfare or a petition filed under Section 93-20-402, the court may appoint an emergency conservator for the individual if the court finds:(a) Appointment of an emergency conservator is likely to prevent substantial and…

(1) Except as otherwise ordered by the court, a conservator must give notice to persons entitled to notice under Section 93-20-411(5) and receive specific authorization by the court before the conservator may exercise with respect to the conservatorship the power to:(a) Make a gi…

(a) A ward or a person interested in the welfare of the individual may petition for an order:(a) Requiring the conservator to furnish a bond or collateral or additional bond or collateral or allowing a reduction in a bond or collateral previously furnished;(b) Requiring an accoun…

(1) Except as otherwise provided in subsection (3), the court shall require a conservator to furnish a bond with a surety the court specifies, or require an alternative asset-protection arrangement, conditioned on faithful discharge of all duties of the conservator. The court may…

(1) The following rules apply to the bond required under Section 93-20-416:(a) Except as otherwise provided by the bond, the surety and the conservator are jointly and severally liable.(b) By executing a bond provided by a conservator, the surety submits to the personal jurisdict…

(1) A conservator is a fiduciary and has duties of prudence and loyalty to the ward. (2) A conservator must promote the self-determination of the ward and, to the extent feasible, encourage the ward to participate in decisions, act on the ward’s own behalf, and develop or regain …

(1) If required by the court, a conservator must file with the court a plan for investing, protecting, managing, expending, and distributing the assets of the conservatorship estate no later than ninety (90) days after the court’s order of appointment or order to file a plan. If …

(1) Unless the inventory requirement has been waived, not later than ninety (90) days after appointment, a conservator must prepare and file with the appointing court a detailed inventory of the conservatorship estate, together with an oath or affirmation that the inventory is be…

(1) Except as otherwise provided in Section 93-20-414 or qualified or limited in the court’s order of appointment and stated in the letters of conservatorship, a conservator has all powers granted in this section and any additional power granted to a trustee by law of this state …

(a) Except as otherwise provided in Section 93-20-414 or qualified or limited in the court’s order of appointment and stated in the letters of conservatorship, and unless contrary to a conservator’s plan under Section 93-20-419, the conservator may expend or distribute income or …

(1) Except as otherwise provided under subsection (11), a conservator must file a report in a record regarding the administration of the conservatorship estate with the court annually unless the court otherwise directs, if provided by will, or made necessary by resignation or rem…

(1) The interest of a ward in property included in the conservatorship estate is not transferrable or assignable by the ward and is not subject to levy, garnishment, or similar process for claims against the ward unless allowed under Section 93-20-427. (2) If a ward enters into a…

A transaction involving a conservatorship estate which is affected by a substantial conflict between the conservator’s fiduciary duties and personal interests is voidable unless the transaction is authorized by court order after notice to persons entitled to notice under Section …

(1) A person that assists or deals with a conservator in good faith and for value in any transaction, other than a transaction requiring a court order under Section 93-20-414, is protected as though the conservator properly exercised any power in question. Mere knowledge by a per…

(1) A conservator may pay, or secure by encumbering property included in the conservatorship estate, a claim against the conservatorship estate or the ward arising before or during the conservatorship, on presentation and allowance in accordance with the priorities under subsecti…

(1) Except as otherwise agreed by a conservator, the conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the conservatorship estate unless the conservator fails to reveal the conservator’s representat…

(1) The court may remove a conservator for failure to perform the conservator’s duties or other good cause and appoint a successor conservator to assume the duties of the conservator. (2) The court must hold a hearing to determine whether to remove a conservator and appoint a suc…

(1) A conservatorship must be terminated when the minor becomes an adult, becomes emancipated, or dies; the termination must comply with Section 93-20-423, but a conservatorship may continue into adulthood when the court finds the ward qualifies for conservatorship as an adult un…

(1) Unless a person required to transfer a liquidated sum certain under a banking provision, a contract for payment or under a judgment or decree of a court, or other property to a minor knows that a conservator for the minor has been appointed or a proceeding is pending for cons…