TITLE 15

UNIFORM PROBATE CODE

CHAPTER 5

PROTECTION OF PERSONS UNDER DISABILITY AND THEIR PROPERTY [EFFECTIVE UNTIL JANUARY 1, 2027] UNIFORM GUARDIANSHIP, CONSERVATORSHIP, AND OTHER PROTECTIVE ARRANGEMENTS ACT [EFFECTIVE JANUARY 1, 2027]

PART 4

PROTECTION OF PROPERTY OF PERSONS UNDER DISABILITY AND MINORS [EFFECTIVE UNTIL JANUARY 1, 2027] CONSERVATORSHIP [EFFECTIVE JANUARY 1, 2027]

15-5-401.  Protective proceedings. [effective until January 1, 2027] Upon petition and after notice and hearing in accordance with the provisions of this part, the court may appoint a conservator or make other protective order for cause as follows:

(a)  Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a minor if the court determines that a minor owns money or property that requires management or protection which cannot otherwise be provided, has or may have business affairs which may be jeopardized or prevented by his minority, or that funds are needed for his support and education and that protection is necessary or desirable to obtain or provide funds.

(b)  Appointment of a conservator or other protective order may be made in relation to the estate and affairs of a person if the court determines that (1) the person is unable to manage his property and affairs effectively for reasons such as mental illness, mental disability, physical illness or disability, chronic use of drugs, chronic intoxication, confinement, detention by a foreign power, or disappearance; and (2) the person has property which will be wasted or dissipated unless proper management is provided, or that funds are needed for the support, care and welfare of the person or those entitled to be supported by him and that protection is necessary or desirable to obtain or provide funds.

15-5-401.  basis for appointment of conservator. [effective January 1, 2027] (1) Upon petition and after notice and hearing, the court may appoint a conservator for the property or financial affairs of a minor if the court finds by a preponderance of evidence that appointment of a conservator is in the minor’s best interest, and:

(a)  If the minor has a parent, the court gives weight to any recommendation of the parent whether an appointment is in the minor’s best interest; and

(b)  Either:

(i)   The minor owns funds or other property requiring management or protection that otherwise cannot be provided;

(ii)  The minor has or may have financial affairs that may be put at unreasonable risk or hindered because of the minor’s age; or

(iii) Appointment is necessary or desirable to obtain or provide funds or other property needed for the support, care, education, health, or welfare of the minor.

(2)  Upon petition and after notice and hearing, the court may appoint a conservator for the property or financial affairs of a respondent if the court finds by clear and convincing evidence that:

(a)  The respondent is unable to manage property or financial affairs because:

(i)   The respondent is limited in ability to receive and evaluate information or make or communicate decisions, even with the use of appropriate supportive services, technological assistance, or supported decision-making; or

(ii)  The respondent is missing, detained, or unable to return to the United States;

(b)  Appointment is necessary to:

(i)   Avoid harm to the respondent or significant dissipation of the property of the respondent; or

(ii)  Obtain or provide funds or other property needed for the support, care, education, health, or welfare of the respondent or of an individual entitled to the respondent’s support; and

(c)  The respondent’s identified needs cannot be met by a protective arrangement instead of conservatorship or other less restrictive alternative.

(3)  The court shall grant a conservator only those powers necessitated by demonstrated limitations and needs of the respondent and issue orders that will encourage development of the respondent’s maximum self-determination and independence. The court may not establish a full conservatorship if a limited conservatorship, protective arrangement instead of conservatorship, or other less restrictive alternative would meet the needs of the respondent.

History:

[15-5-401, added 1971, ch. 111, sec. 1, p. 233; am. 1989, ch. 241, sec. 3, p. 589; am. 2010, ch. 235, sec. 5, p. 547; repealed and added 2026, ch. 79, sec. 6, p. 364.]