§560:5-418 - General duties of conservator.
§560:5-418 General duties of conservator.
(a) A conservator, in relation to powers conferred by this article or implicit
in the title acquired by virtue of the proceeding, shall be a fiduciary and
shall observe the standards of care applicable to a trustee.
(b) A conservator may exercise authority only
as necessitated by the limitations of the protected person, and to the extent
possible, shall encourage the person to participate in decisions, act in the
person's own behalf, and develop or regain the ability to manage the person's
estate and business affairs.
(c) In investing an estate, selecting assets
of the estate for distribution, and invoking powers of revocation or withdrawal
available for the use and benefit of the protected person and exercisable by
the conservator, a conservator shall take into account any estate plan of the
person known to the conservator and may examine the will and any other
donative, nominative, or other appointive instrument of the person. [L 2004, c
161, pt of §1]