Title 30.1, Uniform Probate Code

Notice in a conservatorship proceeding subsequent to appointment of a conservator must be given to the parties, the guardian, if any, the individual in need of protection, and any interested persons designated by the court.

Any interested person who desires to be notified before any order is made in a protective proceeding may file with the court a request for notice subsequent to payment of any fee required by statute or court rule. The clerk shall mail a copy of the demand to the conservator if on…

1. Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall set a date for hearing on the matters alleged in the petition. The proposed conservator, if any, shall attend the hearing unless excused by the court for …

1. A written report prepared and submitted by a guardian ad litem or expert examiner and annual and final reports and financial accounting prepared and submitted by a conservator are closed to the public and are not open to inspection except by the court, parties to the proceedin…

1. The court shall exercise the authority conferred in this chapter consistent with the maximum self-reliance and independence of the protected person and make protective orders only to the extent necessitated by the protected person's actual mental and adaptive limitations and o…

1. If it is established in a proper proceeding that a basis exists, as described in section 30.1-29-01, for affecting the property and affairs of a person, the court, without appointing a conservator, may authorize, direct, or ratify any transaction necessary or desirable to achi…

1. The court may appoint an individual, limited liability company, association, corporation, or other entity with general power to serve as trustee, as conservator of the estate of a protected person. 2. Unless lack of qualification or other good cause dictates the contrary, the …

Except as provided herein, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify. Unless reduced or waived by the court for good cause, the bond shall be in the am…

1. The following requirements and provisions apply to any bond required under section 30.1-29-11: a. Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other. b. By executing an approved bond o…

By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding, relating to the estate, that may be instituted by any interested person.

1. When the estate is derived, in whole or in part, from money paid or being paid by the veterans' administration to the conservator or the conservator's predecessor for the benefit of the protected person, the compensation allowed from such money to the conservator shall be limi…

1. The court may remove a conservator for good cause, upon notice and hearing, or accept the resignation of a conservator. After a conservator's death, resignation, or removal, the court may appoint another conservator. A conservator so appointed succeeds to the title and powers …

1. Any person interested in the welfare of a person for whom a conservator has been appointed may file a petition in the appointing court for an order: a. Requiring bond or security or additional bond or security, or reducing bond; b. Requiring an accounting for the administratio…

In the exercise of conservator's powers, a conservator is to act as a fiduciary and shall observe the standards of care applicable to trustees.

Within ninety days after appointment, every conservator shall prepare and file with the appointing court a complete inventory of the estate of the protected person together with the conservator's oath or affirmation that it is complete and accurate so far as the conservator is in…

1. At least once annually and at other times as the court may direct, a conservator shall file a report and account with the court regarding the exercise of powers and duties specified in the court's order of appointment. The report must describe any expenditure and income affect…

The appointment of a conservator vests in the conservator title as trustee to all property of the protected person, presently held or thereafter acquired, including title to any property theretofore held for the protected person by custodians or attorneys in fact, or to the part …

1. On petition by a person interested in the estate of the person to be protected, the court may appoint an emergency conservator if the court finds that compliance with the procedures in this chapter likely will result in substantial harm to the estate of the person to be protec…

Letters of conservatorship are evidence of transfer of all assets, or the part thereof specified in the letters, of a protected person to the conservator. An order terminating a conservatorship is evidence of transfer of all assets of the estate subjected to the conservatorship f…

1. Any sale or encumbrance to a conservator, the conservator's spouse, agent, or attorney, or any corporation, limited liability company, or trust in which the conservator has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of int…

A person who in good faith either assists a conservator or deals with the conservator for value in any transaction other than those requiring a court order as provided in section 30.1-29-08 is protected as if the conservator properly exercised the power. The fact that a person kn…

1. A conservator has all of the powers conferred herein and any additional powers conferred by law on trustees in this state. 2. A conservator has power, without court authorization or confirmation, to invest and reinvest funds of the estate as would a trustee. 3. A conservator, …

1. A conservator may expend or distribute income or principal of the estate without court authorization or confirmation for the support, education, care, or benefit of the protected person and the protected person's dependents in accordance with the following principles: a. The c…

Subject to the restrictions in subdivision d of subsection 2 of section 30.1-29-08, the court may confer on a conservator at the time of appointment or later, in addition to the powers conferred on the conservator by sections 30.1-29-24 and 30.1-29-25, any power which the court i…

In investing the estate, and in selecting assets of the estate for distribution under subsections 1 and 2 of section 30.1-29-25, in utilizing powers of revocation or withdrawal available for the support of the protected person, and exercisable by the conservator or the court, the…

1. A conservator must pay from the estate all just claims against the estate and against the protected person arising before or after the conservatorship upon their presentation and allowance. A claim may be presented by either of the following methods: a. The claimant may delive…

1. Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in the conservator's fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the conservator's representative…

The protected person, the protected person's personal representative, the conservator, or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in an original pr…

Any person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay or deliver to a conservator, guardian of the estate, or other like fiduciary appointed by a court o…