Title 14, Title 14: Decedents' Estates and Fiduciary Relations

§ 3093. Powers and duties of Public Guardian In addition to the powers and duties of guardians set forth in subchapter 12 of this chapter, the Office of Public Guardian through its designees shall: (1) Be considered a person interested in the welfare of the ward for purposes of f…

§ 3094. Duty to seek private guardian (a) Once appointed as guardian, the Office of Public Guardian shall make a reasonable effort to locate a suitable guardian for the ward from the private sector. Annually, the Office of Public Guardian shall file a report with the Probate Divi…

§ 3095. Statistics to be maintained The Office of Public Guardian shall maintain annual statistics concerning the public guardianship program. The statistics shall include at least the following: (1) The number of wards for which the Office of Public Guardian was appointed during…

§ 3096. Office of Public Guardian to offer assistance (a) The Office of Public Guardian may provide assistance to private guardians: (1) To help them understand the disabilities of the person under guardianship. (2) To help them foster increased independence on the part of the pe…

§ 3098. Vulnerable noncitizen children (a) Definitions. As used in this subchapter: (1) “Child” or “children” means an unmarried individual or individuals who have not yet attained 21 years of age and who are not a U.S. citizen or citizens. (2) “Court” means any court that has ju…

§ 3101. Definitions As used in this chapter: (1) “Administrator” means the administrator of the U.S. Veterans’ Administration or his or her successor. (2) “Benefits” means all monies paid or payable by the United States through the Veterans Administration. (3) “Court” means any P…

§ 3102. Administrator as party in interest 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 affecting …

§ 3103. Application 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 hereinafter provided.

§ 3104. Limitation on number of wards A person other than a bank or trust company, or the Executive Secretary of the State Veterans’ Board acting under an appointment in that capacity pursuant to subdivision 3105(a)(3) of this title, shall not be guardian of more than five wards …

§ 3105. Appointment of guardian (a) A petition for the appointment of a guardian may be filed by: (1) any relative or friend of the ward or by any person who is authorized by law to file such a petition; or (2) if there is no person so authorized or if the person so authorized re…

§ 3106. Evidence of necessity for guardian of infant Where a petition is filed for the appointment of a guardian for a minor, a certificate of the Administrator or his or her authorized representative, setting forth the age of such minor as shown by the records of the Veterans’ A…

§ 3107. Evidence of necessity for guardian of incompetent 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 vete…

§ 3108. Notice Upon the filing of a petition for the appointment of a guardian under this chapter, 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 to the Veterans’ Administration as provided by…

§ 3109. Bond (a) Upon the appointment of a guardian, he or she 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. The bond shall be in the form…

§ 3110. Petitions and accounts, notices and hearings (a) Every guardian who has received or shall receive on account of his ward any monies or other thing of value from the Veterans’ Administration shall file with the court annually, on the anniversary date of the appointment, in…

§ 3111. Penalty for failure to account If a guardian fails to file with the court an account as required by this chapter, or by an order of the court, when an account is due or within 30 days after citation issues as provided by law, or fails to furnish the Veterans’ Administrati…

§ 3112. Compensation of guardians Compensation payable to guardians shall be based upon services rendered and shall not exceed five percent of the amount of monies received during the period covered by the account. In the event of extraordinary services by a guardian, the court, …

§ 3113. Investments A guardian shall invest the surplus funds of his or her wards’ 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 authorization, i…

§ 3114. Maintenance and support 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 hearing…

§ 3115. Purchase of home for ward (a) 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 or her interest, or (if he or she is not a minor) as a …

§ 3116. Copies of public records to be furnished When a copy of a public record is required by the Veterans’ Administration to be used in determining the eligibility of a person to participate in benefits made available by the Veterans’ Administration, the official custodian of s…

§ 3117. Discharge of guardian and release of sureties In addition to 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 ward has …

§ 3118. Commitment to Veterans’ Administration or other agency of U.S. government (a) Whenever, in a 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…

§ 3119. Modification of prior laws Except where inconsistent with this chapter, 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 such beneficiaries…

§ 3120. Application of chapter The provisions of this chapter relating to surety bonds and the administration of estates of wards shall apply to all “income” and “estate” as defined in section 3101 of this title, whether the guardian shall have been appointed under this chapter o…

§ 3121. Liberal construction This chapter shall be so construed as to make uniform the law of those states which enact it.

§ 3151. Short title This chapter may be cited as the Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. (Added 2011, No. 56, § 25.)

§ 3152. Definitions In this chapter: (1) “Adult” means an individual who has attained 18 years of age. (2) “Conservator” means a person appointed by the court to administer the property of an adult. (3) “Guardian” means a person appointed by the court to make decisions regarding …

§ 3153. International application of act A court of this State may treat a foreign country as if it were a state for the purpose of applying this subchapter and subchapters 2, 3, and 5 of this chapter. (Added 2011, No. 56, § 25.)

§ 3154. Communication between courts (a) The Probate Division of the Superior Court in this State may communicate with a court in another state concerning a proceeding arising under this chapter. The Probate Division may allow the parties to participate in the communication. Exce…

§ 3155. Cooperation between courts (a) In a guardianship or protective proceeding in this State, a court of this State may request the appropriate court of another state to do any of the following: (1) hold an evidentiary hearing; (2) order a person in that state to produce evide…

§ 3156. Taking testimony in another state (a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this State for testimon…

§ 3161. Definitions; significant connection factors (a) In this subchapter: (1) “Emergency” means a circumstance that likely will result in serious and irreparable harm to a respondent’s physical health, safety, or welfare, and for which the appointment of a guardian is necessary…

§ 3162. Exclusive basis This subchapter provides the exclusive jurisdictional basis for a Probate Division of the Superior Court of this State to appoint a guardian or issue a protective order for an adult. The Probate Division of the Superior Court shall have exclusive original …

§ 3163. Jurisdiction A Probate Division of the Superior Court of this State has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) this State is the respondent’s home state; (2) on the date the petition is filed, this State is a significant-co…

§ 3164. Special jurisdiction (a) A Probate Division of the Superior Court of this State lacking jurisdiction under section 3163 of this title has special jurisdiction to do any of the following: (1) appoint a guardian in an emergency for a term not exceeding 90 days for a respond…

§ 3165. Exclusive and continuing jurisdiction Except as otherwise provided in section 3164 of this title, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive jurisdiction over the proceeding until jurisdiction is terminate…

§ 3166. Appropriate forum (a) A Probate Division of the Superior Court of this State having jurisdiction under section 3163 of this title to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of anothe…

§ 3167. Jurisdiction declined by reason of conduct (a) If at any time a Probate Division of the Superior Court of this State determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (1) decline to …

§ 3168. Notice of proceeding If a petition for the appointment of a guardian or issuance of a protective order is brought in this State and this State was not the respondent’s home state on the date the petition was filed, the petitioner shall comply with the notice requirements …

§ 3169. Proceedings in more than one state Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this State under subdivision 3164(a)(1) or (2) of this title, if a petition for the appointment of a…

§ 3171. Transfer of guardianship or conservatorship to another state (a) A guardian or conservator appointed in this State may petition the Probate Division of the Superior Court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subs…

§ 3172. Accepting guardianship transferred from another state (a) To confirm transfer of a guardianship or conservatorship transferred to this State under provisions similar to section 3171 of this title, the guardian or conservator must petition the Probate Division of the Super…

§ 3181. Registration of guardianship orders If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in this State, the guardian appointed in the other state, after giving notice to the appointing court of an intent to regi…

§ 3182. Registration of protective orders If a conservator has been appointed in another state and a petition for a protective order is not pending in this State, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, m…

§ 3183. Effect of registration (a) Upon registration of a guardianship or protective order from another state, the guardian may exercise in this State all powers authorized in the order of appointment except as prohibited under the laws of this State, including maintaining action…