§560:5-421 - Title by appointment.
§560:5-421 Title by appointment. (a)
The appointment of a conservator vests title in the conservator as trustee to
all property of the protected person, or to the part thereof specified in the
order, held at the time of appointment or thereafter acquired, including title
to any property held for the protected person by custodians or
attorneys-in-fact. An order vesting title in the conservator to only a part of
the property of the protected person creates a conservatorship limited to
assets specified in the order.
(b) Letters of conservatorship are evidence of
vesting title of the protected person's assets in the conservator. An order
terminating a conservatorship transfers title to assets remaining subject to
the conservatorship, including any described in the order, to the formerly
protected person or the person's successors.
(c) Subject to the requirements of other laws
governing the filing or recordation of documents of title to land or other
property, letters of conservatorship and orders terminating conservatorships
may be filed or recorded to give notice of title as between the conservator and
the protected person.
(d) Except as limited in the appointing order,
a conservator has the authority to continue, modify, or revoke any financial
power of attorney previously created by the protected person.
(e) Upon notice of the appointment of a
conservator, all agents acting under a previously created power of attorney by
the protected person shall:
(1) Take no further actions without the direct written
authorization of the conservator;
(2) Promptly report to the conservator as to any
action taken under the power of attorney; and
(3) Promptly account to the conservator for all
actions taken under the power of attorney.
(f) Nothing in this section shall be construed
to affect previously created medical decision-making authority. Any agent
violating this section shall be liable to the protected person's estate for all
costs incurred in attempting to obtain compliance, including, but not limited to
reasonable conservator and attorney fees and costs. [L 2004, c 161, pt of §1]