§560:5-411  Required court approval. 
(a)  After notice to interested persons and upon express authorization of the
court, a conservator may:



(1)  Make gifts, except as otherwise provided in
section 560:5-427(b);



(2)  Convey, release, or disclaim contingent and
expectant interests in property, including marital property rights and any
right of survivorship incident to joint tenancy or tenancy by the entireties;



(3)  Exercise or release a power of appointment;



(4)  Create a revocable or irrevocable trust of
property of the estate, whether or not the trust extends beyond the duration of
the conservatorship, or revoke or amend a trust revocable by the protected
person;



(5)  Exercise rights to elect options and change
beneficiaries under retirement plans, insurance policies and annuities, or
surrender the policies and annuities for their cash value;



(6)  Exercise any right to an elective share in the
estate of the protected person's deceased spouse or reciprocal beneficiary and
to renounce or disclaim any interest by testate or intestate succession or by
transfer inter vivos; and



(7)  Make, amend, or revoke the protected person's
will.



(b)  A conservator, in making, amending, or
revoking the protected person's will, shall comply with state laws for
executing wills.



(c)  The court, in exercising or in approving a
conservator's exercise of the powers listed in subsection (a), shall consider
primarily the decision that the protected person would have made, to the extent
that the decision can be ascertained.  The court shall also consider:



(1)  The financial needs of the protected person and
the needs of individuals who are in fact dependent on the protected person for
support and the interest of creditors;



(2)  Possible reduction of income, estate,
inheritance, or other tax liabilities;



(3)  Eligibility for governmental assistance;



(4)  The protected person's previous pattern of giving
or level of support;



(5)  The existing estate plan;



(6)  The protected person's life expectancy and the
probability that the conservatorship will terminate before the protected
person's death; and



(7)  Any other factors the court considers relevant.
[L 2004, c 161, pt of §1]