§560:5-403 - Original petition for appointment or protective order.
§560:5-403 Original petition for
appointment or protective order. (a) The following persons may petition
for the appointment of a conservator or for any other appropriate protective
order:
(1) The person to be protected;
(2) An individual interested in the estate, affairs,
or welfare of the person to be protected, including a parent, guardian, or
custodian; or
(3) A person who would be adversely affected by lack
of effective management of the property and business affairs of the person to
be protected.
(b) The petition under subsection (a) shall
set forth the petitioner's name, residence, current address if different,
relationship to the respondent, and interest in the appointment or other
protective order, and, to the extent known, state or contain the following with
respect to the respondent and the relief requested:
(1) The respondent's name, age, principal residence,
current street address, and, if different, the address of the dwelling where it
is proposed that the respondent will reside if the appointment is made;
(2) If the petition alleges impairment in the
respondent's ability to receive and evaluate information or alleges another
physical, mental, or health impairment, a brief description of the nature and
extent of the respondent's alleged impairment;
(3) If the petition alleges that the respondent is
missing, detained, or unable to return to the United States, a statement of the
relevant circumstances, including the time and nature of the disappearance or
detention and a description of any search or inquiry concerning the
respondent's whereabouts;
(4) The name and address of the respondent's:
(A) Spouse or reciprocal beneficiary or, if
the respondent has none, an adult with whom the respondent has resided for more
than six months before the filing of the petition; and
(B) Adult children or, if the respondent has
none, the respondent's parents and adult siblings or, if the respondent has
none, at least one of the adults nearest in kinship to the respondent who can
be found with reasonable efforts;
(5) The name and address of the person responsible
for care or custody of the respondent;
(6) The name and address of any legal representative
of the respondent;
(7) A general statement of the respondent's property
with an estimate of its value, including any insurance or pension, and the
source and amount of other anticipated income or receipts;
(8) The reason why a conservatorship or other
protective order is in the best interest of the respondent; and
(9) A proposed itemized budget of income and
expenditures.
(c) If a conservatorship is requested, the
petition shall also set forth to the extent known:
(1) The name and address of any proposed conservator
and the reason why the proposed conservator should be selected;
(2) The name and address of any person nominated as
conservator by the respondent if the respondent has attained fourteen years of
age; and
(3) The type of conservatorship requested and, if an
unlimited conservatorship, the reason why limited conservatorship is inappropriate
or, if a limited conservatorship, the property to be placed under the
conservator's control and any limitation on the conservator's powers and
duties. [L 2004, c 161, pt of §1; am L 2009, c 21, §2]