14-5106

14-5106. Disclosure requirements for proposed
guardians and conservators; restrictions by local rules

A. Before being appointed as a temporary or permanent guardian or conservator every
proposed appointee, except entities referred to in section 14-5411, subsection B, shall
provide to the court, under oath, the following information:

1. Whether or not the proposed appointee has been convicted of a felony in any
jurisdiction and, if so, the nature of the offense, the name and address of the
sentencing court, the case number, the date of conviction, the terms of the sentence, the
name and telephone number of any current probation or parole officer and the reasons why
the conviction should not disqualify the proposed appointee.

2. Whether or not the proposed appointee has acted as guardian or conservator for
another person within three years of the petition and, if so, the number of individuals
for whom the proposed appointee is currently serving and the number of individuals for
whom the proposed appointee's appointment has been terminated within the three-year
period.

3. Whether or not the proposed appointee has a working knowledge of the powers and
duties imposed on a guardian or a conservator.

4. Whether or not the proposed appointee has acted within three years of the
petition in a fiduciary capacity pursuant to a power of attorney and, if so, the number
of persons for whom the appointee has so acted. If the proposed appointee has ever acted
in such capacity for the proposed ward or protected person, the proposed appointee shall
specify the date of execution of such power of attorney, the place where the power of
attorney was executed, the actions taken by the proposed appointee pursuant to such power
of attorney and whether or not such power of attorney is currently in effect.

5. Whether or not, to the best of the proposed appointee's knowledge, the proposed
appointee or any enterprise in which the proposed appointee has an interest is listed in
the registry pursuant to section 46-457.

6. Whether or not, within three years of the petition, the proposed appointee has
failed to file any report of guardian or conservatorship accounting for three months
following receipt of notice of delinquency.

7. Whether or not the proposed appointee has ever been removed as a guardian or
conservator and, if so, for whom and under what circumstances.

8. The nature of the proposed appointee's relationship to the proposed ward or
protected person, and how the proposed appointee met the proposed ward or protected
person.

9. Whether or not the proposed appointee or any enterprise in which the proposed
appointee has an interest ever received anything of value, exceeding a total of one
hundred dollars in any one year, by gift, devise or bequest from an individual or the
estate of an individual to whom the proposed appointee was not related by blood or
marriage and for whom the proposed appointee has at any time served as guardian,
conservator, trustee or agent, and, if so, the number of such occasions.

10. Whether or not, to the best of the proposed appointee's knowledge, the proposed
appointee or any enterprise in which the proposed appointee has an interest is named as a
personal representative, trustee, devisee or other type of beneficiary of any individual
to whom the proposed appointee is not related by blood or marriage and for whom the
proposed appointee has at any time served as guardian, conservator, trustee or agent and,
if so, the number of such occasions.

11. Whether or not the proposed appointee has an interest in any enterprise
providing housing, health care or comfort care services to any individual, and, if so,
the name and address of each such enterprise and the extent of each such interest.

B. The appointing court may impose restrictions or conditions on the appointment of
a guardian or conservator, or of a category of guardian or conservator, that it finds
necessary to provide for the appropriate care and supervision of its wards or protected
persons.

C. The court may, in its discretion, require proposed appointees to disclose to the
court, the investigator and the court-appointed attorney further details concerning the
information referred to in subsection A of this section, including, but not limited to,
with respect to other occasions in which the proposed appointee has acted as a guardian
or conservator, the following information:

1. The identities of the persons for whom the appointee has served as a guardian or
conservator.

2. The identity of the court making each appointment and the court case number.

3. The dates of service.

D. The court may, in its discretion, upon a showing of good cause place limitations
upon access by the public to any or all of the information disclosed pursuant to this
section.