34-3-108. Discharge of conservator Modification of duties Termination Final accountings and distribution of assets.
(a) A conservator appointed under this chapter may be discharged or have its duties modified if the court determines that the respondent is no longer a disabled person, or that it is in the best interests of the disabled person that the conservatorship be terminated, or that the conservator has failed to perform its duties and obligations in accordance with the law, or that the conservator has failed to act in the disabled person's best interest so as to warrant modification or termination. The disabled person or any interested person on the disabled person's behalf may petition the court at any time for a termination or modification order under this section.
(b) A petition under subsection (a), if made by the disabled person, may be communicated to the court by any means including oral communication or informal letter.
(c) The court, upon receipt of the petition filed under this section, shall conduct a hearing. At the hearing, the disabled person has all the rights set out in § 34-3-106.
(d) Upon conclusion of the hearing, the court shall enter an order setting forth the court's findings of fact and may do any of the following:
(1) Dismiss the petition;
(2) Remove the conservator and dissolve the original order;
(3) Remove the conservator and appoint a successor;
(4) Modify the original order; or
(5) Grant any other relief the court considers appropriate and in the best interest of the disabled person.
(e) When the disabled person dies or the court earlier determines a conservator is no longer needed and issues an order terminating the conservatorship, the conservatorship shall terminate. Within one hundred twenty (120) days after the date the conservatorship terminates, the conservator shall file a preliminary final accounting with the court, which shall account for all assets, receipts and disbursements from the date of the last accounting until the date the conservatorship terminates, and shall detail the amount of the final distribution to close the conservatorship. If no objections have been filed to the clerk's report on the preliminary final accounting within thirty (30) days from the date the clerk's report is filed, the conservator shall distribute the remaining assets. The receipts and final cancelled checks evidencing the final distributions shall be filed with the court by the conservator. When the evidence of the final distribution is filed with the court and on order of the court, the conservatorship proceeding shall be closed.
34-3-108. Discharge of conservator Modification of duties Termination Final accountings and distribution of assets.
(a) A conservator appointed under this chapter may be discharged or have its duties modified if the court determines that the respondent is no longer a disabled person, or that it is in the best interests of the disabled person that the conservatorship be terminated, or that the conservator has failed to perform its duties and obligations in accordance with the law, or that the conservator has failed to act in the disabled person's best interest so as to warrant modification or termination. The disabled person or any interested person on the disabled person's behalf may petition the court at any time for a termination or modification order under this section.
(b) A petition under subsection (a), if made by the disabled person, may be communicated to the court by any means including oral communication or informal letter.
(c) The court, upon receipt of the petition filed under this section, shall conduct a hearing. At the hearing, the disabled person has all the rights set out in § 34-3-106.
(d) Upon conclusion of the hearing, the court shall enter an order setting forth the court's findings of fact and may do any of the following:
(1) Dismiss the petition;
(2) Remove the conservator and dissolve the original order;
(3) Remove the conservator and appoint a successor;
(4) Modify the original order; or
(5) Grant any other relief the court considers appropriate and in the best interest of the disabled person.
(e) When the disabled person dies or the court earlier determines a conservator is no longer needed and issues an order terminating the conservatorship, the conservatorship shall terminate. Within one hundred twenty (120) days after the date the conservatorship terminates, the conservator shall file a preliminary final accounting with the court, which shall account for all assets, receipts and disbursements from the date of the last accounting until the date the conservatorship terminates, and shall detail the amount of the final distribution to close the conservatorship. If no objections have been filed to the clerk's report on the preliminary final accounting within thirty (30) days from the date the clerk's report is filed, the conservator shall distribute the remaining assets. The receipts and final cancelled checks evidencing the final distributions shall be filed with the court by the conservator. When the evidence of the final distribution is filed with the court and on order of the court, the conservatorship proceeding shall be closed.
34-3-108. Discharge of conservator Modification of duties Termination Final accountings and distribution of assets.
(a) A conservator appointed under this chapter may be discharged or have its duties modified if the court determines that the respondent is no longer a disabled person, or that it is in the best interests of the disabled person that the conservatorship be terminated, or that the conservator has failed to perform its duties and obligations in accordance with the law, or that the conservator has failed to act in the disabled person's best interest so as to warrant modification or termination. The disabled person or any interested person on the disabled person's behalf may petition the court at any time for a termination or modification order under this section.
(b) A petition under subsection (a), if made by the disabled person, may be communicated to the court by any means including oral communication or informal letter.
(c) The court, upon receipt of the petition filed under this section, shall conduct a hearing. At the hearing, the disabled person has all the rights set out in § 34-3-106.
(d) Upon conclusion of the hearing, the court shall enter an order setting forth the court's findings of fact and may do any of the following:
(1) Dismiss the petition;
(2) Remove the conservator and dissolve the original order;
(3) Remove the conservator and appoint a successor;
(4) Modify the original order; or
(5) Grant any other relief the court considers appropriate and in the best interest of the disabled person.
(e) When the disabled person dies or the court earlier determines a conservator is no longer needed and issues an order terminating the conservatorship, the conservatorship shall terminate. Within one hundred twenty (120) days after the date the conservatorship terminates, the conservator shall file a preliminary final accounting with the court, which shall account for all assets, receipts and disbursements from the date of the last accounting until the date the conservatorship terminates, and shall detail the amount of the final distribution to close the conservatorship. If no objections have been filed to the clerk's report on the preliminary final accounting within thirty (30) days from the date the clerk's report is filed, the conservator shall distribute the remaining assets. The receipts and final cancelled checks evidencing the final distributions shall be filed with the court by the conservator. When the evidence of the final distribution is filed with the court and on order of the court, the conservatorship proceeding shall be closed.
