14-5408. Permissible court orders
A. The court has the following powers which may be exercised directly or through a
conservator in respect to the estate and affairs of protected persons:
1. While a petition for appointment of a conservator or any other protective order
is pending and after a preliminary hearing and without notice to others, the court has
power to preserve and apply the estate of the person allegedly in need of protection as
may be required for that person's benefit or the benefit of that person's dependents.
2. After a hearing and upon determining that a basis for an appointment or any
other protective order exists with respect to a minor without other disability, the court
has all those powers over the estate and affairs of the minor which are or might be
necessary for the best interests of the minor, the minor's family and members of the
minor's household.
3. After a hearing and upon determining that a basis for an appointment or any
other protective order exists with respect to a person for reasons other than minority,
the court has, for the benefit of the protected person and members of that person's
household, all the powers over his estate and affairs which the protected person could
exercise if present and not under disability, except the power to make a will or to make
gifts other than those authorized by this section.
4. After notice and a hearing the court may authorize the conservator to make gifts
on behalf of the protected person out of the estate of the protected person to donees and
in amounts that are consistent with the protected person's best interests and
intentions. In determining if these gifts are in the protected person's best interests
the court shall consider:
(a) The protected person's estate plan, if any.
(b) The protected person's pattern of prior gifts, if any.
(c) The potential tax savings that would result if a gift were authorized.
(d) The size of the estate.
(e) The protected person's income and expenses.
(f) The physical and mental condition and life expectancy of the protected person.
(g) The likelihood that the protected person's disability may cease.
(h) The likelihood that the protected person would make the gift if the person were
able to consent.
(i) The ability of the protected person to consent to the proposed gifts.
B. An order made pursuant to this section determining that a basis for appointment
of a conservator or other protective order exists has no effect on the capacity of the
protected person.
C. To encourage the self-reliance and independence of a protected person, the court
may grant the protected person the ability to handle part of the protected person's money
or other property without the consent or supervision of the conservator. This may
include allowing the protected person to maintain appropriate accounts in any bank or
other financial institution.
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