14-5409. Protective arrangements and single
transactions authorized
A. If it is established in a proper proceeding that a basis exists as described in
section 14-5401 for affecting the estate and affairs of a person the court, without
appointing a conservator, may authorize, direct or ratify any transaction necessary or
desirable to achieve any security, service or care arrangement meeting the foreseeable
needs of the protected person. Protective arrangements include, but are not limited to,
payment, delivery, deposit or retention of funds or property, sale, mortgage, lease or
other transfer of property, entry into an annuity contract, a contract for life care, a
deposit contract, a contract for training and education, or addition to or establishment
of a suitable trust.
B. When it has been established in a proper proceeding that a basis exists as
described in section 14-5401 for affecting the estate and affairs of a person the court,
without appointing a conservator, may authorize, direct or ratify any contract, trust or
other transaction relating to the protected person's financial affairs or involving the
protected person's estate if the court determines that the transaction is in the best
interests of the protected person.
C. Before approving a protective arrangement or other transaction under this
section, the court shall consider the interests of creditors and dependents of the
protected person and, in view of the protected person's disability, whether the protected
person needs the continuing protection of a conservator. The court may appoint a special
conservator to assist in the accomplishment of any protective arrangement or other
transaction authorized under this section who shall have the authority conferred by the
order and serve until discharged by order after report to the court of all matters done
pursuant to the order of appointment.
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