Title XXXI, TRUSTS AND ESTATES OF DECEDENTS AND PERSONS UNDER DISABILITY

475.290. Final settlement required, when — notice. — 1. Conservators shall make final settlement of their conservatorship at a time fixed by the court, either by rule or otherwise, within ninety days after termination of their authority, except for those cases where the court has…

475.295. Death of conservator, personal representative to make settlement — waived when. — 1. In case of the death of a conservator, his personal representative shall make settlement with his successor, and deliver the property and money belonging to the protectee whose estate wa…

475.300. Order for payment to protectee of amount due. — The court shall order payment of the amount found to be due, and the rendition of any effects, property, rights or credits belonging to the protectee, to the protectee, or to the successor of the conservator, or to the pers…

475.305. Enforcement of order of payment. — If the conservator fails to pay the money ordered to be paid, the same proceedings may be had against him and his sureties to compel payment as are authorized in cases where a personal representative fails, when ordered, to pay claims a…

475.310. Estate delivered by resident conservator to foreign guardian or conservator, when. — Whenever it appears to the court that any protectee, having a conservator in this state, is not a resident of this state, and has a guardian, conservator, committee or curator in another…

475.315. Receipt by protectee, successor or others, discharge. — Successors of conservators or personal representatives, having received all money and other estate found to be due to their protectees or to the estate of a deceased protectee, and protectees having received all mon…

475.320. Death of protectee, distribution of estate — administration, when. — 1. Except in cases mentioned in subsection 2, the court, upon the death of any protectee, may order that no letters of administration shall be granted upon his estate, but the funeral and burial expense…

475.322. Use of multiple-party accounts and joint property. — When a protectee: (1) Purchased United States bonds in co-ownership form, payable to himself and another or the survivor, or in beneficiary form, payable to himself during his lifetime and to another upon his death; (2…

475.325. Escheat of minor's estate, when. — If upon the final settlement of a minor's estate, made upon his arrival at eighteen years of age, the residence or whereabouts of the protectee is unknown to his conservator or the court before whom such settlement is made or if the pro…

475.330. Conservatorship dispensed with, when. — 1. When the whole estate of a minor does not exceed the value of ten thousand dollars, the court may, in its discretion, without the appointment of a conservator or the giving of bond, authorize: (1) The deposit in a depositary aut…

475.335. Payment and delivery to foreign guardian or conservator. — Any person indebted to a minor or disabled person or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a minor or disabled person may pay such debt or del…

475.336. Effect of filing letters of foreign guardian or curator. — If no local conservator has been appointed and no petition in a conservatorship proceeding is pending in this state, a domiciliary foreign guardian, curator, committee or conservator may file with a court of a co…

475.337. Jurisdiction by act of foreign guardian or conservator. — A foreign guardian, curator, committee or conservator submits personally to the jurisdiction of the courts of this state in any proceeding relating to the estate by filing authenticated copies of his appointment a…

475.338. Service on foreign guardian or conservator. — 1. Service of process may be made upon the foreign guardian, curator, committee or conservator by registered or certified mail, addressed to his last reasonably ascertainable address. Notice by ordinary first class mail is su…

475.339. Nonresident domiciliary guardian or conservator. — Notwithstanding any other provision of law, a domiciliary guardian, committee, curator or conservator of a nonresident person, although a nonresident of this state or a corporation of another state or country, whether or…

475.340. Mortgage or sale of real estate of ward by nonresident conservator. — 1. When a nonresident person, owning real estate in this state, has a guardian, committee, curator or conservator of the estate in the state or territory in which he resides, the probate division of th…

475.341. Voidable transactions, exceptions. — 1. Except when a public administrator is serving as conservator, a sale, encumbrance, or other transaction involving the management of the conservatorship entered into by the conservator for the conservator's own personal gain or whic…

475.342. Estate property, conservator's duties. — The conservator shall: (1) Keep estate property separate from the conservator's own property; and (2) Cause the estate's property to be designated so that any ownership interest of the estate, to the extent feasible, appears in re…

475.343. Personal financial resources, guardian not obligated to use — court order for ward's admission to mental health facility — authorized acts of social service agencies. — 1. A guardian of an adult or minor ward is not obligated by virtue of such guardian's appointment to u…

475.345. Transactions of protectees voidable, when. — A sale, exchange, lease, gift, contract, release or other transaction affecting his estate entered into by a protectee at a time when he is a minor or lacks sufficient mental capacity to understand the transaction and its effe…

475.350. Incapacitated public officer, proceedings. — If any person adjudicated incapacitated by the judge of the probate division of the circuit court is, at the time of the adjudication, a duly qualified public officer of this state, or of any county in this state, or of any mu…

475.355. Temporary emergency detention. — 1. If, upon the filing of a petition for the adjudication of incapacity or disability it appears that the respondent, by reason of a mental disorder or intellectual disability or developmental disability, presents a likelihood of serious …

475.357. Child custody and visitation, probate courts to have jurisdiction, when. — The probate divisions of the courts of this state have jurisdiction over issues of the adjudication of incapacity, partial incapacity, disability, or partial disability and the appointment of a gu…

475.361. Wards, rights of. — 1. The provisions of section 475.078 notwithstanding to the contrary, in every guardianship, the ward has the right to: (1) A guardian who acts in the best interests of the ward; (2) A guardian who is reasonably accessible to the ward; (3) Communicate…

475.370. Exhaustion of estate. — 1. If the estate of any incapacitated ward or protectee is insufficient to pay his debts, to maintain himself and family, or educate his children, his guardian or conservator may apply to the county commission of the proper county, by petition, se…

475.380. Definitions. — As used in sections 475.380 to 475.480: (1) "Person" means an individual, a partnership, a corporation or an association; (2) "Veterans administration" means the Veterans Administration, its predecessors or successor; (3) "Income" means moneys received fro…

475.385. Administrator as party in interest. — 1. The administrator shall be a party in interest in any proceeding for the appointment or removal of a guardian or for the removal of the disability of minority or mental incapacity of a ward, and in any suit or other proceeding aff…

475.390. When guardian appointed. — Whenever, pursuant to any law of the United States or regulation of the Veterans Administration, it is necessary, prior to payment of benefits, that a guardian be appointed, the appointment may be made in the manner herein provided. ­­-------- …

475.395. Number of wards limited. — No person, other than a bank, trust company or public administrator shall be guardian of more than five wards at one time, unless all the wards are members of one family. Upon presentation of a petition by an attorney of the Veterans Administra…

475.400. Petition for appointment of guardian. — 1. A petition for the appointment of a guardian may be filed by any relative or friend of the ward or by any person who is authorized by law to file such a petition. If there is no person so authorized or if the person so authorize…

475.405. Proof of necessity for appointment — minority. — Where a petition is filed for the appointment of a guardian for a minor, a certificate of the administrator or his authorized representative, setting forth the age of such minor as shown by the records of the Veterans Admi…

475.410. Proof of necessity for appointment — incompetency. — Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator or his duly authorized representative, that such person has been rated incompetent by the …

475.415. Notice of petition for appointment. — Upon the filing of a petition for the appointment of a guardian under sections 475.380 to 475.480, notice shall be given to the ward, to such other persons, and in such manner as is provided by the general law of this state, and also…

475.420. Qualifications and bond of guardian. — 1. Upon the appointment of a guardian, he shall execute and file a bond to be approved by the court in an amount not less than the estimated value of the personal estate and anticipated income of the ward during the ensuing year. Th…

475.425. Filing of accounts — notice of hearing. — 1. Every guardian, who has received or shall receive on account of his ward any moneys or other thing of value from the Veterans Administration shall file with the court annually, on the anniversary date of the appointment, in ad…

475.430. Removal for failure to file accounts. — If any guardian shall fail to file with the court any account as required by sections 475.380 to 475.480, or by an order of the court, when any account is due or within thirty days after citation issues as provided by law, or shall…

475.435. Compensation of guardian. — Compensation payable to guardians shall be based upon services rendered and shall not exceed five percent of the amount of moneys received during the period covered by the account. In the event of extraordinary services by any guardian, the co…

475.440. Investment of funds. — Every guardian shall invest the surplus funds of his ward's estate in such securities or property as authorized under the laws of this state but only upon prior order of the court; except that the funds may be invested, without prior court authoriz…

475.445. Application of funds. — A guardian shall not apply any portion of the income or the estate for the support or maintenance of any person other than the ward, the spouse and the minor children of the ward, except upon petition to and prior order of the court after a hearin…

475.450. Purchase of home for ward. — 1. The court may authorize the purchase of the entire fee simple title to real estate in this state in which the guardian has no interest, but only as a home for the ward, or to protect his interest, or (if he is not a minor) as a home for hi…

475.455. Discharge of guardian and release of sureties. — In addition to any other provisions of law relating to judicial restoration and discharge of guardian, a certificate by the Veterans Administration showing that a minor ward has attained majority, or that an incompetent wa…

475.460. Commitment to Veterans Administration or other United States agency. — 1. Whenever, in any proceeding under the laws of this state for the commitment of a person alleged to be of unsound mind or otherwise in need of confinement in a hospital or other institution for his …

475.465. Construction and application. — Sections 475.380 to 475.480 shall be so construed to make uniform the law of those states which enact it. ­­-------- (L. 1947 V. I p. 4 § 18)

475.470. Short title. — Sections 475.380 to 475.480 may be cited as "The Uniform Veterans' Guardianship Law". ­­-------- (L. 1947 V. I p. 4 § 19)

475.475. Other laws as applicable. — Except where inconsistent with sections 475.380 to 475.480, the laws of this state relating to guardian and ward and the judicial practice relating thereto, including the right to trial by jury and the right of appeal, shall be applicable to s…

475.480. Application of provisions relating to surety bonds and administration of estates of wards. — The provisions of sections 475.380 to 475.480 relating to surety bonds and the administration of estates of wards shall apply to all income and estate as defined in section 475.3…