Title 15A, Virgin Islands Uniform Probate and Fiduciary Relations Code
0 chapters · 148 sections in this title.
15A V.I.C. § 5-441 Short title
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This part may be cited as the Virgin Islands Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
15A V.I.C. § 5-442 Definitions
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(1) In this part:(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, including a person appointed under part 4 of this article.(3) “Court” or “Family Division” means the F…
15A V.I.C. § 5-443 International application of chapter
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The Court may treat a foreign country as if it were a state for the purpose of applying this chapter.
15A V.I.C. § 5-444 Communication between courts
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(a) The Court may communicate with a court in another state concerning a proceeding arising under this chapter. The Court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), the Court shall make a record of the communication.…
15A V.I.C. § 5-445 Cooperation between courts
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(a) In a guardianship or protective proceeding in this Territory, the Court 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 evidence or give testimony pursuant to procedures …
15A V.I.C. § 5-446 Taking testimony in another state
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(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 testimony taken in another state. The Court on its…
15A V.I.C. § 5-451 Definitions; significant connection factors
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(a) In this subpart:(1) “Emergency” means a circumstance that likely will result in substantial harm to a respondent’s health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the responden…
15A V.I.C. § 5-452 Exclusive basis
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This subpart provides the exclusive jurisdictional basis for the Court to appoint a guardian or issue a protective order for an adult.
15A V.I.C. § 5-453 Jurisdiction
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(1) The Court has jurisdiction to appoint a guardian or issue a protective order for a respondent if:(1) The Virgin Islands is the respondent’s home state;(2) On the date the petition is filed, the Territory is a significant-connection state and:(A) The respondent does not have a…
15A V.I.C. § 5-454 Special jurisdiction
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(a) A court of the Virgin Islands lacking jurisdiction under section 5-453(1) through (3) 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 respondent who is physically present in this state;(2) issue…
15A V.I.C. § 5-455 Exclusive and continuing jurisdiction
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Except as otherwise provided in section 5-454, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by …
15A V.I.C. § 5-456 Appropriate forum
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(a) A court of the Virgin Islands having jurisdiction under section 5-453 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 another state is a more appropriate forum. (b) If the Court declines t…
15A V.I.C. § 5-457 Jurisdiction declined by reason of conduct
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(a) If at any time the Court determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the Court may:(1) decline to exercise jurisdiction;(2) exercise jurisdiction for the limited purpose of fashioning an appropri…
15A V.I.C. § 5-458 Notice of proceeding
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If a petition for the appointment of a guardian or issuance of a protective order is brought in the Virgin Islands and the Virgin Islands was not the respondent’s home state on the date the petition was filed, in addition to complying with the notice requirements of the Virgin Is…
15A V.I.C. § 5-459 Proceedings in more than one state
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(1) Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in the Virgin Islands under section 5-454(a)(1) or (a)(2), if a petition for the appointment of a guardian or issuance of a protective order i…
15A V.I.C. § 5-461 Transfer of guardianship or conservatorship to another state
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(a) A guardian or conservator appointed in the Virgin Islands may petition the Court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in the …
15A V.I.C. § 5-462 Accepting guardianship or conservatorship transferred from another state
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(a) To confirm transfer of a guardianship or conservatorship transferred to the Virgin Islands under provisions similar to section 5-461, the guardian or conservator must petition the Family Division to accept the guardianship or conservatorship. The petition must include a certi…
15A V.I.C. § 5-471 Registration of guardianship orders
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If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in the Virgin Islands, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship …
15A V.I.C. § 5-472 Registration of protective orders
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If a conservator has been appointed in another state and a petition for a protective order is not pending in the Virgin Islands, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order i…
15A V.I.C. § 5-473 Effect of registration
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(a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this Territory all powers authorized in the order of appointment except as prohibited under the laws of the Virgin Islands, including maintaining actions an…
15A V.I.C. § 5-481 Applicability
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(a) This subpart applies to adult guardianship and protective proceedings begun on or after January 1, 2017. (b) Subparts I, III, and IV and sections 5-482 and 5-483 apply to proceedings begun before January 1, 2017, regardless of whether a guardianship or protective order has be…
15A V.I.C. § 5-482 Uniformity of application and construction
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In applying and construing this article, as a uniform law, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
15A V.I.C. § 5-483 Relation to the Electronic Signatures in Global and National Commerce Act
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This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Section 7001(c), or authorize electronic delivery o…
15A V.I.C. § 5-491 Short Title
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This Part may be cited as the “Virgin Islands Achieving a Better Life Experience Act.”
15A V.I.C. § 5-492 Definitions
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(1) In this Part:(1) “ABLE” means Achieving a Better Life Experience.(2) “Account or Able saving account” means an individual account, a trust account, or a savings account established in accordance with the provisions of this Part.(3) “Account owner” means a person or legal enti…
15A V.I.C. § 5-493 Virgin Islands ABLE Savings Program Establishment
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In accordance with the Federal ABLE Act, the Commissioner of the Virgin Islands Department of Finance shall establish the Virgin Islands ABLE Savings Program to provide for or facilitate individual savings accounts that empower individuals with a disability and their families to …
15A V.I.C. § 5-494 Functions And Powers of the Commissioner
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(a) The Commissioner shall implement and administer the program under the terms and conditions established by this Part and in conformity with federal law, including the Federal ABLE Act. The Commissioner shall have the authority to:(1) develop and implement the program in a mann…
15A V.I.C. § 5-495 Management Contract; Terms
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(a) A management contract shall include, at a minimum, terms requiring the financial organization to:(1) take any action required to keep the program in compliance with the requirements of this Part and take any action not contrary to the management contract to qualify as a quali…
15A V.I.C. § 5-496 Virgin Islands Able Savings Accounts; Terms and Conditions
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(a) An ABLE savings account established pursuant to this Part may be opened by a designated beneficiary provided that the designated beneficiary shall be an eligible individual at the time the account is established. Any of the persons listed below may enter into an ABLE account …
15A V.I.C. § 5-497 Accounts Not Guaranteed by the Virgin Islands
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(a) Nothing in this Part shall create or be construed to create any obligation of the Commissioner, the Government of Virgin Islands, or any agency or instrumentality of the Government of Virgin Islands to guarantee for the benefit of any account owner or designated beneficiary w…
15A V.I.C. § 5-498 Interdepartmental Cooperation
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The head of any department, board, commission, agency or instrumentality of the Government of the Virgin Islands, unless otherwise prohibited by law, shall assist the Department in providing information about the Program to potential eligible individuals and their families.
15A V.I.C. § 5-499 Virgin Islands Able Savings Program Trust Fund
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(a) There is established the Virgin Islands ABLE Savings Program Trust Fund (Fund) within the Treasury of Virgin Islands. The Fund shall consist of monies received from an ABLE savings program manager, any governmental or private grants, and any General Fund appropriations for th…
15A V.I.C. § 5-500 Nonqualified Withdrawals
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(a) Upon a full or partial withdrawal of funds from an account that are not used for qualified disability expenses, the account owner or the account owner’s designee must receive the market value of the account for the amount requested. (b) The Program Manager may collect adminis…
15A V.I.C. § 5-501 Treatment of Accounts
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(a) An account is not subject to attachment, levy or execution by any creditor of a contributor, account owner or designated beneficiary and may not be used as security for loan. (b) Amounts contributed to an account, increases in the value of the account and qualified withdrawal…
15A V.I.C. § 5-502 Exemptions
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The Program and accounts are exempt from any statute regulating securities. The property of the Program and the earnings from the Program are exempt from all taxation by the Government of the Virgin Islands. Contributions made to an account, any increase in the value of those con…
15A V.I.C. § 8-101 Short Title
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This article may be cited as the Virgin Islands Uniform Prudent Management of Institutional Funds Act.
15A V.I.C. § 8-102 Definitions
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(1) In this article(1) “Charitable purpose” means the relief of poverty, the advancement of education or religion, the promotion of health, the promotion of a governmental purpose, or any other purpose the achievement of which is beneficial to the community.(2) “Endowment fund” m…
15A V.I.C. § 8-103 Standard of Conduct in Managing and Investing Institutional Fund
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(a) Subject to the intent of a donor expressed in a gift instrument, an institution, in managing and investing an institutional fund, shall consider the charitable purposes of the institution and the purposes of the institutional fund. (b) In addition to complying with the duty o…
15A V.I.C. § 8-104 Appropriation for Expenditure or Accumulation of Endowment Fund; Rules of Construction
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(a) Subject to the intent of a donor expressed in the gift instrument and to subsection (d), an institution may appropriate for expenditure or accumulate so much of an endowment fund as the institution determines is prudent for the uses, benefits, purposes, and duration for which…
15A V.I.C. § 8-105 Delegation of Management and Investment Functions
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(a) Subject to any specific limitation set forth in a gift instrument or in other law, an institution may delegate to an external agent the management and investment of an institutional fund to the extent that an institution could prudently delegate under the circumstances. An in…
15A V.I.C. § 8-106 Release or Modification of Restrictions on Management, Investment, or Purpose
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(a) If the donor consents in a record, an institution may release or modify, in whole or in part, a restriction contained in a gift instrument on the management, investment, or purpose of an institutional fund. A release or modification may not allow a fund to be used for a purpo…
15A V.I.C. § 8-107 Reviewing Compliance
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Compliance with this article is determined in light of the facts and circumstances existing at the time a decision is made or action is taken, and not by hindsight.
15A V.I.C. § 8-108 Venue; Multiple Proceedings; Transfer
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(a) Where a proceeding under this title could be maintained in more than one place in the Virgin Islands, the Court in which the proceeding is first commenced has the exclusive right to proceed. (b) If proceedings concerning the same estate, protected person, ward, or trust are c…
15A V.I.C. § 8-109 Practice in Court
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Unless specifically provided to the contrary in this Code or unless inconsistent with its provisions, the rules of civil procedure including the rules concerning vacation of orders and appellate review govern formal proceedings under this Code.
15A V.I.C. § 8-110 Records and Certified Copies
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The Clerk of Court shall keep a record for each decedent, ward, protected person or trust involved in any document which may be filed with the Court under this Code, including petitions and applications, demands for notices or bonds, trust registrations, and of any orders or resp…
15A V.I.C. § 8-201 Application to Existing Institutional Funds
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This article applies to institutional funds existing on or established after the effective date of this article. As applied to institutional funds existing on the effective date of this article this article governs only decisions made or actions taken on or after that date.
15A V.I.C. § 8-202 Relation to Electronic Signatures in Global and National Commerce Act
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This article modifies, limits, and supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section 7001 et seq., but does not modify, limit, or supersede Section 101 of that act, 15 U.S.C. Section 7001(a), or authorize electronic delivery of any of the…
15A V.I.C. § 8-203 Uniformity of Application and Construction
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(a) In applying and construing this article, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. (b) The Court has full power to make orders, judgments and decrees and take all other action necess…