§560:3-915  Distribution to person
under disability.  (a)  A personal representative may discharge the
obligation to distribute to any person under legal disability by distributing
in a manner expressly provided in the will.



(b)  Unless contrary to an express provision in
the will, the personal representative may discharge the obligation to
distribute to a minor or person under other disability as authorized by section
560:5-104 or any other statute.  If the personal representative knows that a
conservator has been appointed or that a proceeding for appointment of a
conservator is pending, the personal representative is authorized to distribute
only to the conservator.



(c)  If the heir or devisee is under disability
other than minority, the personal representative is authorized to distribute
to:



(1)  An attorney in fact who has authority under a
power of attorney to receive property for that person; or



(2)  The spouse or reciprocal beneficiary, parent, or
other close relative with whom the person under disability resides if the
distribution is of amounts not exceeding $10,000 a year, or property not
exceeding $10,000 in value, unless the court authorizes a larger amount or
greater value.



Persons receiving money or property for the disabled
person are obligated to apply the money or property to the support of that
person, but may not pay themselves except by way of reimbursement for
out-of-pocket expenses for goods and services necessary for the support of the
disabled person.  Excess sums must be preserved for future support of the
disabled person.  The personal representative is not responsible for the proper
application of money or property distributed pursuant to this subsection. [L
1996, c 288, pt of §1; am L 1997, c 383, §19; am L 2004, c 161, §26]