Title 3, Title 3 — Guardian And Ward
9 chapters · 188 sections in this title.
W.S. § 3-1-101 Definitions (a) As used in this title, unless otherwise required by the context or unless otherwise defined: (i) "Ancillary guardian" means a guardian appointed by a court of another state for a ward
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Definitions (a) As used in this title, unless otherwise required by the context or unless otherwise defined: (i) "Ancillary guardian" means a guardian appointed by a court of another state for a ward who is currently a resident of this state; (ii) "Clerk" means clerk of the distr…
W.S. § 3-1-102 Consent to jurisdiction
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Consent to jurisdiction. (a) Except as provided by subsection (b) of this section, by accepting appointment, a guardian or conservator submits personally to the jurisdiction of the court in any proceeding relating to the guardianship or conservatorship that may be instituted by a…
W.S. § 3-1-103 Venue
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Venue. (a) The venue for a guardianship proceeding is in the place where the minor, incompetent person or mental incompetent resides or is present. If a mentally incompetent person is admitted to an institution pursuant to order of a court of competent jurisdiction, venue is also…
W.S. § 3-1-104 Proceedings against persons suspected of concealing ward's property
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Proceedings against persons suspected of concealing ward's property. Upon complaint of a person interested in the estate of the ward, the court may cite any person suspected of concealing, embezzling, converting or conveying property belonging to the ward to appear before the cou…
W.S. § 3-1-105 Combining petition for guardian and conservator
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Combining petition for guardian and conservator. A petition for the appointment of a guardian and a conservator may be filed and the cause shall be tried as provided in W.S. 3-3-101 through 3-3-104 for the appointment of a conservator. The same person may be appointed to serve as…
W.S. § 3-1-106 Provisions applicable to all fiduciaries shall govern
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Provisions applicable to all fiduciaries shall govern. The provisions of W.S. 2-3-101 through 2-3-504 and 2-3-801 through 2-3-834 govern the appointment, qualification, substitution, removal, oath and bond of a guardian, limited guardian and conservator. A guardian or limited gua…
W.S. § 3-1-107 Combination of involuntary, voluntary and standby petitions and hearings
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Combination of involuntary, voluntary and standby petitions and hearings. If prior to the time of hearing on a petition for the appointment of a guardian under W.S. 3-2-101 or for the appointment of a conservator under W.S. 3-3-101, a petition is filed under the provisions of W.S…
W.S. § 3-1-108 Guardians ad litem not affected
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Guardians ad litem not affected. (a) The appointment of a guardian or conservator for a ward does not affect or impair the power of any court to appoint a guardian ad litem to represent the best interests of any minor, incompetent person or mentally incompetent person interested …
W.S. § 3-1-109 Limitation of action on bond
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Limitation of action on bond. An action shall not be brought against the sureties on any bond given by a guardian or conservator unless it is commenced within five (5) years from the discharge or removal of the guardian or conservator, but if, at the time of the discharge, the pe…
W.S. § 3-1-110 Order restricting disclosure
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Order restricting disclosure. (a) Upon application, the court may order sealed any portion of a ward's file containing those matters described in W.S. 16-4-203(b) and (d) and any personally identifiable information, including financial information relating to the ward. Sealed rec…
W.S. § 3-1-111 Complaint against guardian or conservator
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Complaint against guardian or conservator. (a) Any person having reason to believe that a guardian or conservator is not properly discharging his duties shall report the allegations and relevant supporting facts in a verified writing to the clerk of the district court that establ…
W.S. § 3-1-201 Effect of appointment of guardian or conservator
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Effect of appointment of guardian or conservator. The appointment of a guardian or conservator does not constitute an adjudication that the ward lacks testamentary capacity.
W.S. § 3-1-202 Powers of the ward
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Powers of the ward. (a) A ward who is a minor or a mentally incompetent person for whom a conservator has been appointed does not have the power to convey, encumber or dispose of property in any manner, except: (i) By will if he possesses the requisite testamentary capacity; or (…
W.S. § 3-1-203 Title to ward's property
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Title to ward's property. Title to all property of the ward remains in the ward and is subject to the possession of the conservator and to the control of the court for the purposes of administration, sale or other disposition as provided by law.
W.S. § 3-1-204 Conservator's right to possession
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Conservator's right to possession. (a) The conservator shall: (i) Take possession of all the real and personal property of the ward; (ii) Pay out of the ward's estate the taxes assessed against the ward's property; and (iii) Collect the income realized from the ward's property. (…
W.S. § 3-1-205 Rights of proposed ward
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Rights of proposed ward. (a) The proposed ward of any involuntary petition for guardianship or conservatorship shall have the right to: (i) Notice of the filing of the petition; (ii) An opportunity for a hearing; (iii) Be present at any hearing regarding the proposed guardianship…
W.S. § 3-1-206 Rights of ward
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Rights of ward. (a) The ward under any guardianship or conservatorship shall have the right to: (i) The least restrictive and most appropriate guardianship or conservatorship suitable to the ward's circumstances, subject to the order of preference provided by W.S. 3-2-107 and 3-3…