Title 3 — Title 3 — Guardian And Ward
9 chapters · 218 sections in this title.
W.S. § 3-3-707 Action precluded until claim rejected; exception
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Action precluded until claim rejected; exception. No holder of a claim against a ward shall maintain any action thereon unless the claim is first rejected in whole or in part by the conservator and the rejection filed with the clerk.
W.S. § 3-3-708 Compelling payment of claims
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Compelling payment of claims. (a) No claimant may compel payment of his claim until it has been duly filed and allowed by the conservator or reduced to judgment and a certified copy of the judgment filed with the clerk. (b) Any judgment rendered upon any claim for money only esta…
W.S. § 3-3-709 Judgments; execution and levy
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Judgments; execution and levy. (a) When a judgment has been entered against the ward prior to the appointment of a conservator, no execution shall issue thereon after the conservator is appointed unless the judgment is for the recovery of real or personal property or the enforcem…
W.S. § 3-3-710 Pending actions against the ward
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Pending actions against the ward. Any action, including any counterclaim in any pending action, pending against the ward at the time the conservator is appointed, shall be considered a claim filed in accordance with the provisions of W.S. 3-3-702 and 3-3-703, if notice of substit…
W.S. § 3-3-711 Payment of claims in insolvent conservatorship
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Payment of claims in insolvent conservatorship. When it appears the assets of the ward are insufficient to pay in full all claims against the ward, the conservator shall report the relevant facts to the court. The court shall, upon hearing, with notice to all persons who have fil…
W.S. § 3-3-801 Conservator may make gifts
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Conservator may make gifts. For good cause shown and under order of court, a conservator may make gifts on behalf of the ward out of the assets of the ward to persons or religious, educational, scientific, charitable or other nonprofit organizations to whom or to which gifts were…
W.S. § 3-3-901 Conservator shall report and account
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Conservator shall report and account. (a) A conservator shall present to the court and file in the conservatorship proceedings a written verified report and accounting of his administration: (i) Annually, within sixty (60) days following the anniversary date of his appointment, u…
W.S. § 3-3-1001 Payment of court costs
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Payment of court costs. No order shall be entered approving an annual report of a guardian or conservator until the court costs which have been incurred in the guardianship or conservatorship have been paid or provided for.
W.S. § 3-3-1002 Court costs of guardianship
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Court costs of guardianship. The ward or his estate shall be charged with the court costs of a guardianship of a ward, including the reasonable fees of the guardian and the attorney for the guardian.
W.S. § 3-3-1003 Court costs of conservatorship
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Court costs of conservatorship. The ward or his estate shall be charged with the court costs of a conservatorship for a ward, including the reasonable fees of the conservator and the attorney for the conservator.
W.S. § 3-3-1004 Settlement of accounts
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Settlement of accounts. The court shall settle each account filed by a conservator by allowing or disallowing it, either in whole or in part, or by surcharging the account against the conservator.
W.S. § 3-3-1101 Cause for termination
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Cause for termination. (a) A guardianship shall cease, and a conservatorship shall terminate, upon the occurrence of any of the following circumstances: (i) If upon attaining the age of majority when the ward is a minor who has not been adjudged an incompetent person or a mentall…
W.S. § 3-3-1102 Assets exhausted
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Assets exhausted. (a) When the assets of the estate of the ward do not exceed the amount of charges and claims against them, the court may direct the conservator to proceed to terminate the conservatorship. (b) When the assets of a minor ward are exhausted or consist of only pers…
W.S. § 3-3-1103 Accounting to ward; notice of hearing
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Accounting to ward; notice of hearing. Upon termination of a conservatorship, the conservator shall pay the costs of administration and render a full and complete accounting to the ward or his personal representative and to the court. Notice of hearing on the final report of a co…
W.S. § 3-3-1104 Delivery of assets
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Delivery of assets. Upon termination of a conservatorship, all assets of the ward shall be delivered, under direction of the court, to the person or persons entitled thereto.
W.S. § 3-3-1105 Petition to terminate
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Petition to terminate. (a) At any time, not less than six (6) months after the appointment of a guardian or conservator, the ward may petition the court alleging that he is no longer a proper subject of the guardianship or conservatorship and asking that the guardianship or conse…
W.S. § 3-3-1106 Discharge of conservator and release of bond
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Discharge of conservator and release of bond. Upon settlement of the final accounting of a conservator and upon determination that the property of the ward has been delivered to the person or persons lawfully entitled thereto, the court shall discharge the conservator and dischar…
W.S. § 3-3-1107 plan
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plan. Termination of guardianships; reintegration (a) Upon the filing of a petition for termination of guardianship by a parent, the court shall consider the best interests of the child while giving deference to the rebuttable presumption that a fit parent is entitled to custody …