Title 15A — Virgin Islands Uniform Probate and Fiduciary Relations Code
0 chapters · 481 sections in this title.
15A V.I.C. § 5-302 Appointment of guardian by will or other writing
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(a) A parent, by will or other signed writing, may appoint a guardian for an unmarried child who the parent believes is an incapacitated person, specify desired limitations on the powers to be given to the guardian, and revoke or amend the appointment before confirmation by the C…
15A V.I.C. § 5-303 Appointment of guardian by will or other writing; effectiveness; acceptance; confirmation
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(a) The appointment of a guardian under section 5-302 becomes effective upon the death of the appointing parent or spouse, the adjudication of incapacity of the appointing parent or spouse, or a written determination by a physician who has examined the appointing parent or spouse…
15A V.I.C. § 5-304 Judicial appointment of guardian; petition
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(a) An individual or a person interested in the individual’s welfare may petition for a determination of incapacity, in whole or in part, and for the appointment of a limited or unlimited guardian for the individual. (b) The petition must set forth the petitioner’s name, residenc…
15A V.I.C. § 5-305 Judicial appointment of guardian; preliminaries to hearing
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(a) Upon receipt of a petition to establish a guardianship, the Court shall set a date and time for hearing the petition and appoint a visitor. The duties and reporting requirements of the visitor are limited to the relief requested in the petition. The visitor must be an individ…
15A V.I.C. § 5-306 Judicial appointment of guardian; professional evaluation
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(1) At or before a hearing under this part, the Court may order a professional evaluation of the respondent and shall order the evaluation if the respondent so demands. If the Court orders the evaluation, the respondent must be examined by a physician, psychologist, or other indi…
15A V.I.C. § 5-307 Confidentiality of records
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(1) The written report of a visitor and any professional evaluation are confidential and must be sealed upon filing, but are available to:(1) the Court;(2) the respondent without limitation as to use;(3) the petitioner, the visitor, and the petitioner’s and respondent’s lawyers, …
15A V.I.C. § 5-308 Judicial appointment of guardian; presence and rights at hearing
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(a) Unless excused by the Court for good cause, the proposed guardian shall attend the hearing. The respondent shall attend and participate in the hearing, unless excused by the Court for good cause. The respondent may present evidence and subpoena witnesses and documents; examin…
15A V.I.C. § 5-309 Notice
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(a) A copy of a petition for guardianship and notice of the hearing on the petition must be served personally on the respondent. The notice must include a statement that the respondent must be physically present unless excused by the Court, inform the respondent of the respondent…
15A V.I.C. § 5-310 Who may be guardian; priorities
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(a) Subject to subsection (c), the Court in appointing a guardian shall consider persons otherwise qualified in the following order of priority:(1) a guardian, other than a temporary or emergency guardian, currently acting for the respondent in the Virgin Islands or elsewhere;(2)…
15A V.I.C. § 5-311 Findings; order of appointment
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(a) The Court may:(1) appoint a limited or unlimited guardian for a respondent only if it finds by clear and convincing evidence that:(A) the respondent is an incapacitated person; and(B) the respondent’s identified needs cannot be met by less restrictive means, including use of …
15A V.I.C. § 5-312 Emergency guardian
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(a) If the Court finds that compliance with the procedures of this part will likely result in substantial harm to the respondent’s health, safety, or welfare, and that no other person appears to have authority and willingness to act in the circumstances, the Court, on petition by…
15A V.I.C. § 5-313 Temporary substitute guardian
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(a) If the Court finds that a guardian is not effectively performing the guardian’s duties and that the welfare of the ward requires immediate action, it may appoint a temporary substitute guardian for the ward for a specified period not exceeding six months. Except as otherwise …
15A V.I.C. § 5-314 Duties of guardian
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(a) Except as otherwise limited by the Court, a guardian shall make decisions regarding the ward’s support, care, education, health, and welfare. A guardian shall exercise authority only as necessitated by the ward’s limitations and, to the extent possible, shall encourage the wa…
15A V.I.C. § 5-315 Powers of guardian
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(a) Except as otherwise limited by the Court, a guardian may:(1) apply for and receive money payable to the ward or the ward’s guardian or custodian for the support of the ward under the terms of any statutory system of benefits or insurance or any private contract, devise, trust…
15A V.I.C. § 5-316 Rights and immunities of guardian; limitations
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(a) A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room, board, and clothing provided to the ward, but only as approved by order of the Court. If a conservator, other than the guardian or one who is affiliated with the guardian…
15A V.I.C. § 5-317 Reports; monitoring of guardianship
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(a) Within 30 days after appointment, a guardian shall report to the Court in writing on the condition of the ward and account for money and other assets in the guardian’s possession or subject to the guardian’s control. A guardian shall report at least annually thereafter and wh…
15A V.I.C. § 5-318 Termination or modification of guardianship
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(a) A guardianship terminates upon the death of the ward or upon order of the Court. (b) On petition of a ward, a guardian, or another person interested in the ward’s welfare, the Court may terminate a guardianship if the ward no longer needs the assistance or protection of a gua…
15A V.I.C. § 5-401 Protective proceeding
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(1) Upon petition and after notice and hearing, the Court may appoint a limited or unlimited conservator or make any other protective order provided in this part in relation to the estate and affairs of:(1) a minor, if the Court determines that the minor owns money or property re…
15A V.I.C. § 5-402 Jurisdiction over business affairs of protected person
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(1) After the service of notice in a proceeding seeking a conservatorship or other protective order and until termination of the proceeding, the court in which the petition is filed has:(1) exclusive jurisdiction to determine the need for a conservatorship or other protective ord…
15A V.I.C. § 5-403 Original petition for appointment of conservator or other protective order
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(a) The following may petition for the appointment of a conservator or for any other appropriate protective order:(1) the person to be protected;(2) an individual interested in the estate, affairs, or welfare of the person to be protected, including a parent, guardian, or custodi…
15A V.I.C. § 5-404 Notice
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(a) A copy of the petition and the notice of hearing on a petition for conservatorship or other protective order must be served personally on the respondent, but if the respondent’s whereabouts is unknown or personal service cannot be made, service on the respondent must be made …
15A V.I.C. § 5-405 Original petition: minors; preliminaries to hearing
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(a) Upon the filing of a petition to establish a conservatorship or for another protective order for the reason that the respondent is a minor, the Court shall set a date for hearing. If the Court determines at any stage of the proceeding that the interests of the minor are or ma…
15A V.I.C. § 5-406 Original petition: preliminaries to hearing
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(a) Upon the filing of a petition for a conservatorship or other protective order for a respondent for reasons other than being a minor, the Court shall set a date for hearing. The Court shall appoint a visitor unless the petition does not request the appointment of a conservator…
15A V.I.C. § 5-407 Confidentiality of records
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(1) The written report of a visitor and any professional evaluation are confidential and must be sealed upon filing, but are available to:(1) the Court;(2) the respondent without limitation as to use;(3) the petitioner, the visitor, and the petitioner’s and respondent’s lawyers, …
15A V.I.C. § 5-408 Original petition: procedure at hearing
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(a) Unless excused by the Court for good cause, a proposed conservator shall attend the hearing. The respondent shall attend and participate in the hearing, unless excused by the Court for good cause. The respondent may present evidence and subpoena witnesses and documents, exami…
15A V.I.C. § 5-409 Original petition: orders
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(a) If a proceeding is brought for the reason that the respondent is a minor, after a hearing on the petition, upon finding that the appointment of a conservator or other protective order is in the best interest of the minor, the Court shall make an appointment or other appropria…
15A V.I.C. § 5-410 Powers of court
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(a) After hearing and upon determining that a basis for a conservatorship or other protective order exists, the Court has the following powers, which may be exercised directly or through a conservator:(1) with respect to a minor for reasons of age, all the powers over the estate …
15A V.I.C. § 5-411 Required court approval
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(a) After notice to interested persons and upon express authorization of the Court, a conservator may:(1) make gifts, except as otherwise provided in section 5-427(b);(2) convey, release, or disclaim contingent and expectant interests in property, including marital property right…
15A V.I.C. § 5-412 Protective arrangements and single transactions
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(a) If a basis is established for a protective order with respect to an individual, the Court, without appointing a conservator, may:(1) authorize, direct, or ratify any transaction necessary or desirable to achieve any arrangement for security, service, or care meeting the fores…
15A V.I.C. § 5-413 Who may be conservator; priorities
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(a) Except as otherwise provided in subsection (d), the Court, in appointing a conservator, shall consider persons otherwise qualified in the following order of priority:(1) a conservator, guardian of the estate, or other like fiduciary appointed or recognized by an appropriate c…
15A V.I.C. § 5-414 Petition for order subsequent to appointment
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(a) A protected person or a person interested in the welfare of a protected person may file a petition in the appointing Court for an order:(1) requiring bond or collateral or additional bond or collateral, or reducing bond;(2) requiring an accounting for the administration of th…
15A V.I.C. § 5-415 Bond
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The Court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservatorship according to law, with sureties as it may specify. Unless otherwise directed by the Court, the bond must be in the amount of the aggregate capital value …
15A V.I.C. § 5-416 Terms and requirements of bond
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(a) The following rules apply to any bond required:(1) Except as otherwise provided by the terms of the bond, sureties and the conservator are jointly and severally liable.(2) By executing the bond of a conservator, a surety submits to the jurisdiction of the court that issued le…
15A V.I.C. § 5-417 Compensation and expenses
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If not otherwise compensated for services rendered, a guardian, conservator, lawyer for the respondent, lawyer whose services resulted in a protective order or in an order beneficial to a protected person’s estate, or any other person appointed by the Court is entitled to reasona…
15A V.I.C. § 5-418 General duties of conservator; plan
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(a) A conservator, in relation to powers conferred by this part or implicit in the title acquired by virtue of the proceeding, is a fiduciary and shall observe the standards of care applicable to a trustee. (b) A conservator may exercise authority only as necessitated by the limi…
15A V.I.C. § 5-419 Inventory; records
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(a) Within 60 days after appointment, a conservator shall prepare and file with the appointing Court a detailed inventory of the estate subject to the conservatorship, together with an oath or affirmation that the inventory is believed to be complete and accurate as far as inform…
15A V.I.C. § 5-420 Reports; appointment of visitor; monitoring
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(a) A conservator shall report to the Court for administration of the estate annually unless the Court otherwise directs, upon resignation or removal, upon termination of the conservatorship, and at other times as the Court directs. An order, after notice and hearing, allowing an…
15A V.I.C. § 5-421 Title by appointment
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(a) The appointment of a conservator vests title in the conservator as trustee to all property of the protected person, or to the part thereof specified in the order, held at the time of appointment or thereafter acquired. An order vesting title in the conservator to only a part …
15A V.I.C. § 5-422 Protected person’s interest inalienable
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(a) Except as otherwise provided in subsections (c) and (d), the interest of a protected person in property vested in a conservator is not transferable or assignable by the protected person. An attempted transfer or assignment by the protected person, although ineffective to affe…
15A V.I.C. § 5-423 Sale, encumbrance, or other transaction involving conflict of interest
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Any transaction involving the conservatorship estate which is affected by a substantial conflict between the conservator’s fiduciary and personal interests is voidable unless the transaction is expressly authorized by the Court after notice to interested persons. A transaction af…
15A V.I.C. § 5-424 Protection of person dealing with conservator
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(a) A person who assists or deals with a conservator in good faith and for value in any transaction other than one requiring a court order under section 5-410 or section 5-411 is protected as though the conservator properly exercised the power. That a person knowingly deals with …
15A V.I.C. § 5-425 Powers of conservator in administration
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(a) Except as otherwise qualified or limited by the Court in its order of appointment and endorsed on the letters, a conservator has all of the powers granted in this section and any additional powers granted by law to a trustee in the Virgin Islands. (b) A conservator, acting re…
15A V.I.C. § 5-426 Delegation
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(a) A conservator may not delegate to an agent or another conservator the entire administration of the estate, but a conservator may otherwise delegate the performance of functions that a prudent trustee of comparable skills may delegate under similar circumstances. (b) The conse…
15A V.I.C. § 5-427 Principles of distribution by conservator
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(a) Unless otherwise specified in the order of appointment and endorsed on the letters of appointment or contrary to the plan filed pursuant to section 5-418, a conservator may expend or distribute income or principal of the estate of the protected person without further court au…
15A V.I.C. § 5-428 Death of protected person
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(a) If a protected person dies, the conservator shall deliver to the Court for safekeeping any will of the protected person which may have come into the conservator’s possession, inform the personal representative or beneficiary named in the will of the delivery, and retain the e…
15A V.I.C. § 5-429 Presentation and allowance of claims
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(a) A conservator may pay, or secure by encumbering assets of the estate, claims against the estate or against the protected person arising before or during the conservatorship upon their presentation and allowance in accordance with the priorities stated in subsection (d). A cla…
15A V.I.C. § 5-430 Personal liability of conservator
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(a) Except as otherwise agreed, a conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal in the contract the representative capacity and identify the est…
15A V.I.C. § 5-431 Termination of proceedings
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(a) A conservatorship terminates upon the death of the protected person or upon order of the Court. Unless created for reasons other than that the protected person is a minor, a conservatorship created for a minor also terminates when the protected person attains majority or is e…
15A V.I.C. § 5-432 Payment of debt and delivery of property to foreign conservator without local proceeding
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(a) A person who is indebted to or has the possession of tangible or intangible property of a protected person may pay the debt or deliver the property to a foreign conservator, guardian of the estate, or other court-appointed fiduciary of the State of residence of the protected …
15A V.I.C. § 5-433 Foreign conservator; proof of authority; bond; powers
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If a conservator has not been appointed in the Virgin Islands and a petition in a protective proceeding is not pending in the Virgin Islands, a conservator appointed in the jurisdiction in which the protected person resides may file in a court of the Virgin Islands, in a judicial…