PART 4.  PROTECTION OF PROPERTY OF
PROTECTED PERSON



 



§560:5-401  Protective proceeding.  Upon
petition and after notice and hearing, the court may appoint a limited or
unlimited conservator or make any other protective order provided in this part
in relation to the estate and affairs of:



(1)  A minor, if the court determines that:



(A)  The minor owns money or property requiring
management or protection that cannot otherwise be provided;



(B)  The minor has, or may have, business
affairs that may be put at risk or prevented because of the minor's age; or



(C)  Money is needed for support and education
and that protection is necessary or desirable to obtain or provide money; or



(2)  Any individual, including a minor, if the court
determines that, for reasons other than age:



(A)  By clear and convincing evidence, the
individual is unable to manage property and business affairs effectively
because of an impairment in the ability to receive and evaluate information or
to make or communicate decisions, even with the use of appropriate and
reasonably available technological assistance or because of another physical,
mental, or health impairment, or because the individual is missing, detained,
or unable to return to the United States; and



(B)  By a preponderance of evidence, the
individual has property that will be wasted or dissipated unless management is
provided or money is needed for the support, care, education, health, and
welfare of the individual or of individuals who are entitled to the
individual's support and that protection is necessary or desirable to obtain or
provide money. [L 2004, c 161, pt of §1; am L 2009, c 21, §1]