Article 5: PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY
Part 4: PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS
§5-410. Who may be appointed conservator; priorities
The court may appoint an individual, or a corporation with general power to serve
as trustee, as conservator of the estate of a protected person. The following are
entitled to consideration for appointment in the order listed:
(1). A conservator, guardian of property or other like fiduciary appointed or recognized
by the appropriate court of any other jurisdiction in which the protected person resides; [1979, c. 540, §1 (NEW).]
(2). An individual or corporation nominated by the protected person if he is 14 or more
years of age and has, in the opinion of the court, sufficient mental capacity to make
an intelligent choice; [1979, c. 540, §1 (NEW).]
(3). The spouse of the protected person; [1979, c. 540, §1 (NEW).]
(3-A). The domestic partner of the protected person; [2003, c. 672, §15 (NEW).]
(4). An adult child of the protected person; [1979, c. 540, §1 (NEW).]
(5). A parent of the protected person, or a person nominated by the will of a deceased
parent; [1979, c. 540, §1 (NEW).]
(6). Any relative of the protected person with whom he has resided for more than 6 months
prior to the filing of the petition; [1979, c. 540, §1 (NEW).]
(7). A person nominated by the person who is caring for him or paying benefits to him. [1979, c. 540, §1 (NEW).]
2003, c. 672, §15 (AMD)
A person in subsection (a), paragraphs (1), (3), (4), (5), or (6) may nominate in
writing a person to serve in his stead. With respect to persons having equal priority,
the court is to select the one who is best qualified of those willing to serve. The
court, for good cause, may pass over a person having priority and appoint a person
having less priority or no priority.
1979, c. 540, §1 (NEW)
A facility or institution licensed under Title 22, sections 1817 and 7801, or an
owner, proprietor, administrator, employee or other person with substantial financial
interest in the facility or institution, may not act as conservator of the estate
of a resident of that facility or institution, unless he is entitled to appointment
under subsection (a), paragraph (3), (4), (5) or (6).
1985, c. 770, §2 (AMD)
When appointed by the court, the conservator shall inform the court as to the conservator's
residence. If the residence changes, the conservator shall inform the court of that
change. If the conservator is a corporation, the corporate offices are considered
the conservator's residence for the purposes of this section.
1995, c. 291, §1 (NEW)
1979, c. 540, §1 (NEW).
1979, c. 690, §20 (AMD).
1985, c. 770, §2 (AMD).
1995, c. 291, §1 (AMD).
2003, c. 672, §15 (AMD).
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