State Codes and Statutes

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CHAPTER 3 - CONSERVATORSHIPS

 

ARTICLE 1 - OPENING CONSERVATORSHIPS

 

3-3-101. Petition for involuntary appointment of conservator.

 

(a) Any person may file with the clerk a petition for theinvoluntary appointment of a conservator. The petition appointment shallstate:

 

(i) The name, age and address of the proposed ward;

 

(ii) The status of the proposed ward as a minor, incompetentperson or a mentally incompetent person and the reasons for the petition;

 

(iii) The name and address of the proposed conservator, and hisqualification to serve as conservator;

 

(iv) The name and address of the person or institution havingthe care, custody or control of the proposed ward;

 

(v) The fact that the residence of the proposed ward is in thecounty, or is a nonresident, or that his residence is unknown;

 

(vi) The fact that the best interest of the proposed wardrequires the appointment of a conservator in Wyoming;

 

(vii) The estimated current value of the real estate, theestimated value of the personal property and the estimated gross annual incomeof the estate;

 

(viii) Any money payable or to become payable to the proposed wardfrom any source; and

 

(ix) The interests of the petitioner.

 

3-3-102. Notice; when required; governed by rules of civil procedure.

 

(a) Noticeof filing of a petition for appointment of an involuntary conservator shall beserved on the proposed ward, his custodian, the proposed conservator and uponthe proposed ward's parents, adult children and spouse who are known or who canbe discovered with due diligence, except:

 

(i) When a petition is filed under W.S. 3-2-106, 3-3-107 or3-3-301; or

 

(ii) When for good cause the court determines that no notice isnecessary when the proposed ward is under the age of eighteen (18) years.

 

(b) Notice shall be served on any other person as ordered bythe court.

 

(c) Notice shall be given in accordance with the Wyoming Rulesof Civil Procedure and as ordered by the court.

 

3-3-103. Pleadings and trial; rules of civil procedure.

 

Afterthe petition is filed, all proceedings are governed by the Wyoming Rules ofCivil Procedure and the Wyoming Rules of Evidence. Petitioner, the proposedward or his custodian may demand a jury trial as provided by the Wyoming Rules ofCivil Procedure.

 

3-3-104. Appointment of conservator.

 

 

(a) The court may appoint a conservator if the allegations ofthe petition as to the status of the proposed ward and the necessity for theappointment of a conservator are proved by a preponderance of the evidence.

 

(b) The order appointing a conservator shall state the findingsof the court, including:

 

(i) Reasons why the ward is in need of a conservator;

 

(ii) Appointment of the conservator;

 

(iii) The duration of the appointment for a specified term orpermanent, subject to W.S. 3-3-1101;

 

(iv) The limited or plenary duties of the conservator.

 

3-3-105. Preference for appointment of conservator of a minor.

 

 

(a) The appointment of a qualified and suitable conservator ofa minor shall be made in the following order of preference:

 

(i) The parent or parents of the minor;

 

(ii) The person nominated as conservator in the will of thecustodial parent;

 

(iii) The person requested by a minor who has reached fourteen(14) years of age;

 

(iv) Any other person who is willing to serve as conservator.

 

3-3-106. Appointment of conservator on voluntary petition.

 

 

(a) The court may appoint a conservator upon the petition bythe proposed ward if:

 

(i) The petitioner has reached the age of fourteen (14) years;and

 

(ii) The court determines that the appointment of a conservatoris in the best interest of the petitioner.

 

(b) The petition shall state whether a notice of involuntarypetition for the appointment of a conservator has been served on the proposedward.

 

3-3-107. Appointment of a temporary conservator.

 

 

(a) Upon the filing of a petition for a temporary conservatorand after a hearing the court may appoint a temporary conservator subject toany notice and conditions the court prescribes.

 

(b) Every order appointing a temporary conservator shall belimited to not more than ninety (90) days. The court may order an extension ofthe temporary conservatorship for not more than an additional ninety (90) days,or conversion to a guardianship or conservatorship in accordance with W.S.3-2-105 or 3-3-101 through 3-3-106.

 

3-3-108. Payment or delivery of property in lieu of conservatorship.

 

(a) Any person under a duty to pay or deliver money or personalproperty to a minor for whom no conservator has been appointed may pay not morethan five thousand dollars ($5,000.00) per annum or may deliver property of avalue not more than five thousand dollars ($5,000.00) to:

 

(i) The minor who is married or is emancipated;

 

(ii) Any person having the care and custody of the minor withwhom the minor resides;

 

(iii) A guardian of the minor; or

 

(iv) A financial institution incident to a deposit in afederally insured interest bearing account in the sole name of the minor withnotice of the deposit to the minor.

 

(b) The payment or the delivery provided in W.S. 3-3-108 shallnot be made if the person has actual knowledge that a conservator has beenappointed or proceedings for appointment of a conservator of the estate of theminor are pending.

 

(c) Subject to subsection (d) of this section, persons otherthan the minor or any financial institution under paragraph (a)(iv) of thissection, receiving money or property for a minor, shall apply the money orproperty to the support, care and education of the minor. The money orproperty shall not be used as compensation to the recipient except forreimbursement of out-of-pocket expenses for goods and services necessary forthe minor's support. Any excess sums shall be invested for future support ofthe minor and any balance not so used and any property received for the minorshall be turned over to the minor when he attains majority, is married or isemancipated.

 

(d) If the person receiving money or property for a minor isthe parent of the minor, he shall discharge fully his parental duties ofsupport before reimbursing himself for out-of-pocket expenses as provided undersubsection (c) of this section.

 

(e) Persons who pay or deliver money or property in accordancewith provisions of this section are not responsible for the proper applicationthereof by the recipient.

 

ARTICLE 2 - CONSERVATORSHIPS FOR ABSENTEES

 

3-3-201. Petition for appointment of conservator for absentee.

 

 

(a) Any person may file with the clerk a petition for theappointment of a conservator of the property of the absent owner when thefollowing conditions exist:

 

(i) A person owns property located in this state and hislocation is unknown and no provision for care, control and supervision of theproperty has been made; and

 

(ii) The property is likely to be lost or damaged or thedependents of the owner are likely to be deprived of means of support becauseof the absence of the owner.

 

(b) The petition shall state:

 

(i) The name, age and last known address of the proposed wardand the names and addresses of the spouse and children of the proposed ward orof his parents if the proposed ward has no spouse or children or if he is aminor. If there are no spouse, children or parents, then the petition shallstate the names and addresses of the proposed ward's brothers and sisters. Ifthere are no brothers or sisters, then the petition shall state the names andaddresses of the nearest known relatives of the proposed ward;

 

(ii) The facts concerning the disappearance of the absentee;

 

(iii) The name and address of the proposed conservator, and hisqualifications to serve in that capacity;

 

(iv) A general description of the property of the proposed wardwithin the state and of his right to receive property, the estimated presentvalue of the real property, the estimated gross annual income of the estate andwhether any money is payable, or to become payable, to the proposed ward fromany source;

 

(v) The facts showing the property of the absentee is likely tobe lost or damaged, or his dependents are likely to be deprived of means ofsupport because of his absence, and no proper provision has been made for thecare, control and supervision of the property; and

 

(vi) The interests of the petitioner.

 

3-3-202. Original notice governed by rules of civil procedure.

 

Noticeof the filing of the petition and of the time and place set for the hearing onthe petition shall be served upon the absentee by publication as provided bythe Wyoming Rules of Civil Procedure.

 

3-3-203. Additional notice governed by rules of civil procedure.

 

(a) Notice of the filing of the petition and of the time andplace set for the hearing on the petition shall also be served as provided bythe Wyoming Rules of Civil Procedure on:

 

(i) The spouse and children of the absentee;

 

(ii) The testamentary beneficiaries, if known, and intestateheirs of the absentee; or

 

(iii) The parents or guardian of the absentee if he is a minor.

 

3-3-204. Pleadings and trial; rules of civil procedure.

 

Allproceedings for the appointment of a conservator for an absent person shall begoverned by the Wyoming Rules of Civil Procedure and the Wyoming Rules ofEvidence.

 

3-3-205. Appointment of conservator.

 

Ifthe allegations of the petition are proved by a preponderance of the evidence,the court may appoint a conservator.

 

3-3-206. Appointment of temporary conservator.

 

Uponthe filing of a petition for a temporary conservator and after a hearing thecourt may appoint a temporary conservator subject to any notice and conditionsthe court prescribes.

 

ARTICLE 3 - STANDBY CONSERVATORSHIPS

 

3-3-301. Voluntary petition for appointment of conservator; standbybasis.

 

Anyadult who is of sound mind may execute a petition for the voluntary appointmentof a conservator of his property upon the express condition that the petitionshall be acted upon by the court only upon the occurrence of a specified eventor on the existence of a described condition of the mental or physical healthof the petitioner. The occurrence of the specified event or the existence ofthe described condition shall be established in the manner directed in thepetition.

 

3-3-302. Petition may nominate conservator.

 

Thepetition may nominate a person for appointment to serve as conservator, and mayrequest that the appointment be made without bond, or with bond of a certainstated sum. When appointing the conservator the court shall give due regard tothe nomination and other requests and recommendations contained in thepetition.

 

3-3-303. Deposit of petition.

 

Thepetition may be deposited with any person, firm, bank or trust company selectedby the petitioner.

 

3-3-304. Revocation of petition.

 

Anytime before the appointment of a conservator, the petition may be revoked bythe petitioner if he is of sound mind. Revocation shall be accomplished by thedestruction of the petition by the petitioner or by an instrument of revocationacknowledged by the petitioner and delivered to the depository.

 

3-3-305. Filing petition upon occurrence of conditions.

 

Anytime after the deposit of the petition and before its revocation, it may bebrought on for hearing upon the filing of a statement verified by the personhaving possession of the petition showing that the event or the conditionprovided for in the petition has occurred. The petition and the verifiedstatement shall be filed with the clerk of court of the county in which theperson who executed the petition then resides.

 

3-3-306. Time of appointment of conservator.

 

Atthe time the verified statement is filed, the court may appoint the conservatornominated in the petition or may set the petition for hearing on noticeprescribed by the court.

 

ARTICLE 4 - FOREIGN CONSERVATORS

 

3-3-401. Appointment of ancillary or foreign guardians or conservators.

 

(a) When there is no conservatorship, nor any petition thereforpending in this state, a duly qualified foreign conservator or guardian of anonresident ward may, upon application, be appointed conservator of theproperty of the person in this state. For good cause shown, the court mayappoint a resident conservator to act jointly with a foreign conservator.

 

(b) When a resident ward has a nonresident guardian orconservator, the guardian or conservator shall:

 

(i) File a certified copy of the order establishing theguardianship or conservatorship;

 

(ii) Obtain an order from a Wyoming court appointing him anancillary guardian or conservator of the ward for as long as the ward is aresident of this state and the person remains the duly appointed guardian orconservator in the other state.

 

3-3-402. Petition.

 

(a) The petition for appointment of a foreign or ancillaryconservator or guardian as conservator in this state shall include:

 

(i) The names and addresses of the nonresident ward and of thenonresident conservator or guardian;

 

(ii) The name and address of the resident conservator;

 

(iii) A certified copy of the letters of conservatorship or ofguardianship issued to the foreign conservator or guardian;

 

(iv) A certified copy of the bond of the foreign conservator orguardian or a certified copy of the order appointing the foreign conservator orguardian showing that no bond was required;

 

(v) The description and estimated value of the nonresidentward's property in this state; and

 

(vi) The name and address of the person in possession of theproperty in this state belonging to the nonresident ward.

 

3-3-403. Personal property.

 

Thecourt of the county where the nonresident ward has personal property mayauthorize the foreign conservator or guardian of a nonresident ward to receivethe property upon compliance with the provisions of W.S. 2-11-301 through2-11-303.

 

3-3-404. Filing of bond.

 

Thecourt may require the foreign or ancillary conservator or guardian to file abond satisfactory to the court. The foreign or ancillary conservator orguardian shall file with the clerk of court his bond as required by the courtof this state.

 

3-3-405. Order for delivery.

 

Uponthe filing of the bond required by the court of this state the court shallorder the personal property of the nonresident ward delivered to the foreignconservator or guardian. The foreign conservator or guardian shall execute andfile with the court a receipt itemizing the property of the nonresident wardreceived by him.

 

3-3-406. Recording of bond; notice to court.

 

(a) The clerk shall mail to the court which granted the foreignletters of conservatorship or of guardianship copies of:

 

(i) The letters of conservatorship or guardianship issued bythe Wyoming court;

 

(ii) The bond filed with the Wyoming court; and

 

(iii) The receipt of the foreign conservator or guardianitemizing property delivered to and received by the foreign conservator orguardian and showing date of delivery.

 

ARTICLE 5 - CONSERVATORS OF ESTATES OF MINORS AND INCOMPETENTSADMITTED TO STATE INSTITUTIONS

 

3-3-501. Designation of conservators; exception.

 

(a) The administrator of the Wyoming life resource center isappointed conservator of the estate of:

 

(i) Each adult admitted to the Wyoming life resource centerunless a conservator or other duly authorized agent has already been appointedfor the person; and

 

(ii) Each minor with an estate of more than five thousanddollars ($5,000.00) admitted to the center unless a conservator has alreadybeen appointed for the minor.

 

(b) The superintendent of the Wyoming state hospital isappointed conservator of the estate of:

 

(i) Each adult resident adjudged to be a mentally incompetentperson unless a conservator or other duly authorized agent has already beenappointed for the person; and

 

(ii) Each minor with an estate of more than five thousanddollars ($5,000.00) admitted to the institution unless a conservator hasalready been appointed for the minor.

 

3-3-502. Duration of appointment; bonds.

 

Aconservator appointed under this article shall serve as conservator of theestates of the patients or residents of the institution until a successor hasbeen appointed and qualified or until the conservatorship for any individualward is otherwise terminated. The conservator's official bond as superintendentof the institution shall be sufficient security for all money and propertycoming into possession of the conservator unless the director of the departmentof health requires an additional bond.

 

3-3-503. Authority generally; required reports.

 

(a) The conservator may:

 

(i) Receive money or property of the ward paid or delivered tohim;

 

(ii) Disburse funds of the ward necessary for the support,maintenance and general welfare of the ward;

 

(iii) With the consent and approval of the director of thedepartment of health, invest a reasonable amount of the funds in any investmentauthorized by Wyoming law, and reconvert the investment into cash when neededfor the ward's support and maintenance.

 

(b) The conservator shall:

 

(i) Deposit excess funds of the ward in a federally insuredinterest bearing account in a financial institution of his choice;

 

(ii) Submit an annual report to the court having jurisdictionaccounting for all money and property coming into his possession for thebenefit of each ward and itemizing all disbursements made from the ward'sassets.

 

3-3-504. Transfer of funds to court appointed conservator.

 

If a conservator for a minor or incompetent person is appointedby a court of this state after the person has been admitted to the Wyoming liferesource center or the Wyoming state hospital, the conservatorship created forthe ward under this article shall terminate and all money and property of theward in the possession of the conservator appointed under this article shall bedelivered to the court appointed conservator upon proof of his appointment andqualification.

 

3-3-505. Transfer of funds to successor upon termination ofappointment as superintendent.

 

Upontermination of his appointment as superintendent of the institution, aconservator appointed under this article shall transfer to his successor allfunds and property which he holds as conservator.

 

3-3-506. Transfer of funds upon discharge, etc., of minor orincompetent.

 

Upontermination of the conservatorship by the death of the ward or by his dischargefrom the institution, all assets of the ward in the possession of a conservatorappointed under this article shall be delivered to the person entitled by lawto receive them.

 

ARTICLE 6 - DUTIES AND POWERS OF CONSERVATOR

 

3-3-601. General duties of conservator.

 

Theconservator of the estate shall protect and preserve it, invest it prudently,account for it as provided in the Wyoming statutes, expend it for the benefitof the ward and perform all other duties required by law. At the termination ofthe conservatorship, the conservator shall deliver the assets of the ward tothe person entitled to receive them.

 

3-3-602. Inventory of ward's property.

 

Withinninety (90) days after the date of his appointment, or, within additional timeallowed by the court, a conservator shall file in the court a verifiedinventory of all of the property of the ward which has come into his possessionor of which he has knowledge. When any property of the ward not listed in theinventory comes into the possession or to the knowledge of the conservator, heshall include the after discovered property in his next accounting.

 

3-3-603. Disposition of will by conservator.

 

Whenthe conservator receives an instrument purporting to be the will of the ward heshall immediately deliver it to the court.

 

3-3-604. Court order to preserve testamentary intent of ward.

 

Thecourt may read the instrument purporting to be the will of the ward which theconservator delivered to the court. With or without notice as it maydetermine, the court may enter any orders it deems advisable for the properadministration of the conservatorship in light of the expressed testamentaryintent of the ward.

 

3-3-605. Court to file sealed copy and deliver will to conservator.

 

Acopy of an instrument purporting to be the will of a ward coming into thepossession of the court under W.S. 3-3-603, shall be made, sealed and depositedin the file of the conservatorship. The original copy of the will shall besealed and returned to the conservator.

 

3-3-606. Powers of conservator without order of court.

 

(a) Without prior order of the court the conservator may:

 

(i) Collect, receive, receipt for any principal or income;

 

(ii) Enforce, defend against or prosecute any claim by oragainst the ward or the conservator;

 

(iii) Sue on and defend claims in favor of or against the ward orthe conservator;

 

(iv) Sell and transfer personal property of a perishable natureand personal property for which there is a regularly established market;

 

(v) Vote at corporate meetings in person or by proxy;

 

(vi) Receive additional property from any source;

 

(vii) Continue to hold any investment or other propertyoriginally received by him, and any increase thereof, pending the timely filingof the first annual report;

 

(viii) Apply the principal, income and profits of the estate ofthe ward, to the extent necessary, for the comfortable and suitable maintenance,education, support and care of the ward in an amount proportionate to the valueof his estate or his condition in life taking into account any parental duty ofsupport as provided in W.S. 3-3-607;

 

(ix) Invest the funds belonging to the ward;

 

(x) Pay the funds to or for the benefit of the ward in any ofthe following ways:

 

(A) Directly to the ward;

 

(B) Directly to the provider for the maintenance, support,education and care of the ward;

 

(C) To the legal guardian of the person of the ward; or

 

(D) To anyone who at the time has the custody and care of theperson of the ward.

 

(xi) Appear for and represent the ward in all legal proceedings,unless another person is appointed for that purpose, and prosecute or defendactions, claims or proceedings in any jurisdiction for the protection of estateassets and of the conservator in the performance of his duties;

 

(xii) Request the court to modify the conservator's range ofduties if the changed circumstances of the ward require such modifications.

 

3-3-607. Powers of conservator subject to the approval of the court.

 

(a) Upon order of the court after hearing and notice asprescribed by the court the conservator may:

 

(i) Apply any portion of the income or of the estate of theward for the support of any person for whose support the ward is legallyliable;

 

(ii) Compromise or settle any claim by or against the ward orthe conservator, and adjust, arbitrate or compromise claims in favor of oragainst the ward or conservator;

 

(iii) Apply the income and profits of the minor ward for hismaintenance, care, support and education if the court finds that the parent ofthe minor ward should be relieved of the obligation of parental support;

 

(iv) Do any other thing that the court determines to be in thebest interest of the ward and his estate;

 

(v) Sell, mortgage, exchange, pledge or lease real and personalproperty belonging to the ward, including the homestead and exempt personalproperty when it appears to be in the best interest of the ward, in the samemanner and by the same procedure provided by title 2, Wyoming statutes for thesale, mortgage, exchange, pledge and lease by personal representatives inadministration of estates of decedents;

 

(vi) Create a written revocable inter vivos trust, with acorporate trustee whose principal place of business is in Wyoming and which hastrust powers under or in accordance with the laws of Wyoming, and transfer tothe trust any part or all of the assets belonging to the ward. The trust shallprovide by its terms that it may be revoked at any time by the court in whichevent the trustee shall deliver all of the trust assets then in its possessionin accordance with the order of the court.

 

3-3-608. Appointment of attorney in compromise of personal injurysettlements.

 

Notwithstandingthe provisions of W.S. 3-3-607(a)(ii), prior to authorizing a compromise of aclaim for damages on account of personal injuries to the ward, the court mayorder an independent investigation by an attorney other than the attorney forthe conservator. The cost of the investigation, including a reasonableattorney fee, shall be taxed as part of the cost of the conservatorship.

 

3-3-609. Powers of conservators; same as fiduciaries.

 

Exceptas expressly modified in title 3, Wyoming statutes, a conservator has thepowers relating to all fiduciaries as provided in title 2, Wyoming statutes.

 

3-3-610. Breach of contracts.

 

Aconservator may breach contracts of the ward entered into by the ward prior tothe appointment of the conservator after notice and hearing and order of thecourt for good cause. The conservator shall incur the same liability of theward's estate for the breach as the ward would have incurred for the breach hadhe been competent.

 

3-3-611. Tort liability of conservator.

 

Thefact that a person is a conservator or a guardian shall not in itself make himpersonally liable for damages for the acts of his ward.

 

ARTICLE 7 - CLAIMS

 

3-3-701. Claims against the ward.

 

Claimsagainst the ward accruing before or after the appointment of the conservator,and whether arising in contract or tort after being allowed or established asprovided in W.S. 3-3-701 through 3-3-711, shall be paid by the conservator fromthe assets of the conservatorship.

 

3-3-702. Filing of claim; exceptions.

 

(a) All claims against the ward shall be filed in duplicatewith the clerk of the court in which the conservatorship was created. If onlyone (1) copy of a claim is filed, the clerk shall make a duplicate and shallcharge the claimant a reasonable fee.

 

(b) The clerk shall forthwith transmit to the conservator one(1) copy of each claim filed.

 

(c) Any claim not in excess of two hundred dollars ($200.00)may be allowed by the conservator without the filing of the claim by the creditor. The conservator is accountable to the court for paying a claim under thissubsection.

 

(d) Valid contract claims arising in the ordinary course of theconduct of the business or affairs of the ward by the conservator may be paidby the conservator without requiring affidavit or filing.

 

3-3-703. Affidavit and supporting documentation.

 

(a) When a claim is filed with the clerk it shall be supportedby satisfactory vouchers or other evidence supporting the claim, and by theaffidavit of the claimant or someone in his behalf that the account is justlydue, or if it is not due, when it will or may become due, that no payments havebeen made thereon which are not credited, and that there are no offsets to theclaim to the knowledge of the affiant. If the claim is not due when filed oris contingent, an explanation of the claim shall be stated.

 

(b) If the claim is founded on a bond, bill, note or otherinstrument, a copy of the instrument shall accompany the claim. The originalinstrument shall be exhibited to the conservator if demanded, unless it is lostor destroyed, in which case the claimant shall accompany his claim by hisaffidavit containing a copy or particular description of the instrument andstating its loss or destruction. If the claim, or any part thereof, is securedby a mortgage or other lien which has been recorded or filed in the office ofthe county clerk in the county in which the land or property affected by it issituate, it is sufficient to describe the mortgage or lien and refer to thedate, filing number and volume and page of its record.

 

3-3-704. Claims of conservators.

 

(a) If the conservator is a creditor of the ward, he shall filehis claim as other creditors and the court shall appoint a competent person astemporary conservator to represent the ward in the matter allowing ordisallowing the claim. The same procedure shall be followed in the case ofjoint conservators, where all of the conservators are creditors of the ward. If one (1) of the joint conservators is not a creditor of the ward, thedisinterested conservator shall represent the ward in the matter of allowing ordisallowing the claim against the estate by a conservator.

 

(b) The temporary conservator shall investigate the claim andreport his findings to the court and his recommendation whether the claimshould be allowed or disallowed. If the court disallows the claim, it shall betreated as a rejected claim.

 

3-3-705. Claims; statutes of limitations.

 

(a) The filing of a claim in the conservatorship tolls thestatute of limitations applicable to the claim until the claim is rejected bythe conservator.

 

(b) It is within the discretion of the conservator to determinewhether or not the applicable statute of limitations shall be invoked to bar aclaim which he believes to be just, and his decision as to invoking the statuteshall be final.

 

3-3-706. Allowance and rejection of claims.

 

(a) Within sixty (60) days after the filing of a claim, theconservator shall either allow the claim in a writing filed with the clerk, orreject the claim in whole or in part in a writing filed with the clerk.

 

(b) When a claim has been filed with the clerk and is rejectedin whole or in part, the conservator shall, immediately upon rejection, notifythe claimant by certified mail.

 

3-3-707. Action precluded until claim rejected; exception.

 

Noholder of a claim against a ward shall maintain any action thereon unless theclaim is first rejected in whole or in part by the conservator and therejection filed with the clerk.

 

3-3-708. Compelling payment of claims.

 

(a) No claimant may compel payment of his claim until it hasbeen duly filed and allowed by the conservator or reduced to judgment and acertified copy of the judgment filed with the clerk.

 

(b) Any judgment rendered upon any claim for money onlyestablishes the claim as if it had been allowed by the conservator. Thejudgment shall order that the conservator pay the amount adjudged to be due, tothe extent of assets available, to satisfy claims against the ward, augmentedby any liability insurance proceeds available as to the claim.

 

(c) If judgment is for the recovery of real or personalproperty or the enforcement of lien thereon, no execution shall issue until ten(10) days after a certified copy of the judgment has been filed with the clerk.

 

3-3-709. Judgments; execution and levy.

 

(a) When a judgment has been entered against the ward prior tothe appointment of a conservator, no execution shall issue thereon after theconservator is appointed unless the judgment is for the recovery of real orpersonal property or the enforcement of a lien. A judgment against the ward forthe recovery of money shall be filed with the clerk as any other claim. Ifexecution is levied upon any property of the ward before the appointment of aconservator, the property may be sold for the satisfaction of the judgment andthe officer making the sale shall account to the conservator for any surplusrealized from the sale.

 

(b) A judgment rendered against a ward for whom a conservatoris appointed after verdict or decision on an issue of fact, but before judgmentis entered, shall be filed with the clerk as any other claim.

 

(c) No execution shall issue upon nor any levy be made againstany property of the estate of a ward under any judgment against the ward orconservator, unless the judgment is for the recovery of real or personalproperty or the enforcement of a lien.

 

(d) This section shall not be construed to prevent theenforcement of a mortgage, pledge or other lien upon property in an appropriateproceeding.

 

3-3-710. Pending actions against the ward.

 

Anyaction, including any counterclaim in any pending action, pending against theward at the time the conservator is appointed, shall be considered a claimfiled in accordance with the provisions of W.S. 3-3-702 and 3-3-703, if noticeof substitution of the conservator as a party to the action is served on theconservator and a duplicate of proof of service of the notice of thesubstitution is filed with the clerk.

 

3-3-711. Payment of claims in insolvent conservatorship.

 

Whenit appears the assets of the ward are insufficient to pay in full all claimsagainst the ward, the conservator shall report the relevant facts to the court.The court shall, upon hearing, with notice to all persons who have filedclaims, order the pro rata payment of claims giving claimants the samepriority, if any, as they would have if the ward were not underconservatorship. Priority of payment shall be given to court costs and other costsof administration of the conservatorship.

 

ARTICLE 8 - GIFTS

 

3-3-801. Conservator may make gifts.

 

Forgood cause shown and under order of court, a conservator may make gifts onbehalf of the ward out of the assets of the ward to persons or religious,educational, scientific, charitable or other nonprofit organizations to whom orto which gifts were regularly made prior to the appointment of theconservator. The making of gifts from the assets of the ward shall notforeseeably impair the ability to provide adequately for the best interests ofthe ward.

 

ARTICLE 9 - CONSERVATOR'S REPORT

 

3-3-901. Conservator shall report and account.

 

(a) A conservator shall present to the court and file in theconservatorship proceedings a written verified report and accounting of hisadministration:

 

(i) Annually, within sixty (60) days following the anniversarydate of his appointment, unless the court otherwise orders on good cause shown;

 

(ii) Upon filing his resignation and before his resignation isaccepted by the court;

 

(iii) Within thirty (30) days following the date of his removal;

 

(iv) Within sixty (60) days following the date of termination ofthe conservatorship, unless that time is extended by the court;

 

(v) At other times as the court may order.

 

3-3-902. Requirement of report and accounting.

 

(a) The report and accounting required by W.S. 3-3-901 shallaccount for all of the assets, property and income of the ward during theperiod since the close of the last previous accounting, and shall include thefollowing information so far as applicable:

 

(i) The balance of funds on hand at the close of the previousaccounting, and all amounts received from whatever source during the periodcovered by the accounting;

 

(ii) An itemized account of all disbursements made during theperiod covered by the accounting;

 

(iii) Changes in investments since the last previous report,including a list of all assets and recommendations of the conservator for theretention or disposition of any property held by the conservator;

 

(iv) The amount of the bond of the conservator and the name ofthe surety;

 

(v) The residence or physical location of the ward;

 

(vi) The general physical and mental conditions of the ward;

 

(vii) A description of those duties the conservator is exercisingunder W.S. 3-3-606 and 3-3-607; and

 

(viii) Such other information necessary to show the condition ofthe affairs of the conservatorship.

 

ARTICLE 10 - COSTS AND ACCOUNTS

 

3-3-1001. Payment of court costs.

 

Noorder shall be entered approving an annual report of a guardian or conservatoruntil the court costs which have been incurred in the guardianship orconservatorship have been paid or provided for.

 

3-3-1002. Court costs of guardianship.

 

Theward or his estate shall be charged with the court costs of a guardianship of award, including the reasonable fees of the guardian and the attorney for theguardian.

 

3-3-1003. Court costs of conservatorship.

 

Theward or his estate shall be charged with the court costs of a conservatorshipfor a ward, including the reasonable fees of the conservator and the attorneyfor the conservator.

 

3-3-1004. Settlement of accounts.

 

Thecourt shall settle each account filed by a conservator by allowing ordisallowing it, either in whole or in part, or by surcharging the accountagainst the conservator.

 

ARTICLE 11 - TERMINATION OF GUARDIANSHIPS AND CONSERVATORSHIPS

 

3-3-1101. Cause for termination.

 

(a) A guardianship shall cease, and a conservatorship shallterminate, upon the occurrence of any of the following circumstances:

 

(i) If upon attaining the age of majority when the ward is aminor who has not been adjudged an incompetent person or a mentally incompetentperson;

 

(ii) The death of the ward, subject to W.S. 3-2-109(a)(iii) and3-2-201(a)(x);

 

(iii) A determination by the court that the ward is competent andcapable of managing his property and affairs, and that the continuance of theguardianship or conservatorship is not in his best interest;

 

(iv) A determination by the court that the guardian orconservator is not acting in the best interest of the ward. In such case, thecourt shall appoint another guardian or conservator;

 

(v) Upon determination by the court that the conservatorship orguardianship is no longer necessary for any other reason.

 

3-3-1102. Assets exhausted.

 

(a) When the assets of the estate of the ward do not exceed theamount of charges and claims against them, the court may direct the conservatorto proceed to terminate the conservatorship.

 

(b) When the assets of a minor ward are exhausted or consist ofonly personal property of an aggregate value not in excess of five thousanddollars ($5,000.00), the court, upon application or upon its own motion, mayterminate the conservatorship and direct the conservator to deliver theproperty to the parent or other person having custody of a minor ward for theuse of the ward after payment of allowed claims and expenses of administration.Delivery of the property has the same force and effect as if delivery had beenmade to the ward after he attains majority.

 

3-3-1103. Accounting to ward; notice of hearing.

 

Upontermination of a conservatorship, the conservator shall pay the costs ofadministration and render a full and complete accounting to the ward or hispersonal representative and to the court. Notice of hearing on the finalreport of a conservator shall be served on the ward or his personalrepresentative unless notice is waived. Notice shall be served at the time andin the manner prescribed by the court.

 

3-3-1104. Delivery of assets.

 

Upontermination of a conservatorship, all assets of the ward shall be delivered,under direction of the court, to the person or persons entitled thereto.

 

3-3-1105. Petition to terminate.

 

(a) At any time, not less than six (6) months after theappointment of a guardian or conservator, the ward may petition the courtalleging that he is no longer a proper subject of the guardianship orconservatorship and asking that the guardianship or conservatorship be terminated.

 

(b) If any petition for termination of guardianship orconservatorship is denied, no other petition for termination may be filed untilsix (6) months have elapsed since the denial of the former petition.

 

3-3-1106. Discharge of conservator and release of bond.

 

Uponsettlement of the final accounting of a conservator and upon determination thatthe property of the ward has been delivered to the person or persons lawfullyentitled thereto, the court shall discharge the conservator and discharge thesurety on the bond of the conservator.

 

State Codes and Statutes

Statutes > Wyoming > Title3 > Chapter3

CHAPTER 3 - CONSERVATORSHIPS

 

ARTICLE 1 - OPENING CONSERVATORSHIPS

 

3-3-101. Petition for involuntary appointment of conservator.

 

(a) Any person may file with the clerk a petition for theinvoluntary appointment of a conservator. The petition appointment shallstate:

 

(i) The name, age and address of the proposed ward;

 

(ii) The status of the proposed ward as a minor, incompetentperson or a mentally incompetent person and the reasons for the petition;

 

(iii) The name and address of the proposed conservator, and hisqualification to serve as conservator;

 

(iv) The name and address of the person or institution havingthe care, custody or control of the proposed ward;

 

(v) The fact that the residence of the proposed ward is in thecounty, or is a nonresident, or that his residence is unknown;

 

(vi) The fact that the best interest of the proposed wardrequires the appointment of a conservator in Wyoming;

 

(vii) The estimated current value of the real estate, theestimated value of the personal property and the estimated gross annual incomeof the estate;

 

(viii) Any money payable or to become payable to the proposed wardfrom any source; and

 

(ix) The interests of the petitioner.

 

3-3-102. Notice; when required; governed by rules of civil procedure.

 

(a) Noticeof filing of a petition for appointment of an involuntary conservator shall beserved on the proposed ward, his custodian, the proposed conservator and uponthe proposed ward's parents, adult children and spouse who are known or who canbe discovered with due diligence, except:

 

(i) When a petition is filed under W.S. 3-2-106, 3-3-107 or3-3-301; or

 

(ii) When for good cause the court determines that no notice isnecessary when the proposed ward is under the age of eighteen (18) years.

 

(b) Notice shall be served on any other person as ordered bythe court.

 

(c) Notice shall be given in accordance with the Wyoming Rulesof Civil Procedure and as ordered by the court.

 

3-3-103. Pleadings and trial; rules of civil procedure.

 

Afterthe petition is filed, all proceedings are governed by the Wyoming Rules ofCivil Procedure and the Wyoming Rules of Evidence. Petitioner, the proposedward or his custodian may demand a jury trial as provided by the Wyoming Rules ofCivil Procedure.

 

3-3-104. Appointment of conservator.

 

 

(a) The court may appoint a conservator if the allegations ofthe petition as to the status of the proposed ward and the necessity for theappointment of a conservator are proved by a preponderance of the evidence.

 

(b) The order appointing a conservator shall state the findingsof the court, including:

 

(i) Reasons why the ward is in need of a conservator;

 

(ii) Appointment of the conservator;

 

(iii) The duration of the appointment for a specified term orpermanent, subject to W.S. 3-3-1101;

 

(iv) The limited or plenary duties of the conservator.

 

3-3-105. Preference for appointment of conservator of a minor.

 

 

(a) The appointment of a qualified and suitable conservator ofa minor shall be made in the following order of preference:

 

(i) The parent or parents of the minor;

 

(ii) The person nominated as conservator in the will of thecustodial parent;

 

(iii) The person requested by a minor who has reached fourteen(14) years of age;

 

(iv) Any other person who is willing to serve as conservator.

 

3-3-106. Appointment of conservator on voluntary petition.

 

 

(a) The court may appoint a conservator upon the petition bythe proposed ward if:

 

(i) The petitioner has reached the age of fourteen (14) years;and

 

(ii) The court determines that the appointment of a conservatoris in the best interest of the petitioner.

 

(b) The petition shall state whether a notice of involuntarypetition for the appointment of a conservator has been served on the proposedward.

 

3-3-107. Appointment of a temporary conservator.

 

 

(a) Upon the filing of a petition for a temporary conservatorand after a hearing the court may appoint a temporary conservator subject toany notice and conditions the court prescribes.

 

(b) Every order appointing a temporary conservator shall belimited to not more than ninety (90) days. The court may order an extension ofthe temporary conservatorship for not more than an additional ninety (90) days,or conversion to a guardianship or conservatorship in accordance with W.S.3-2-105 or 3-3-101 through 3-3-106.

 

3-3-108. Payment or delivery of property in lieu of conservatorship.

 

(a) Any person under a duty to pay or deliver money or personalproperty to a minor for whom no conservator has been appointed may pay not morethan five thousand dollars ($5,000.00) per annum or may deliver property of avalue not more than five thousand dollars ($5,000.00) to:

 

(i) The minor who is married or is emancipated;

 

(ii) Any person having the care and custody of the minor withwhom the minor resides;

 

(iii) A guardian of the minor; or

 

(iv) A financial institution incident to a deposit in afederally insured interest bearing account in the sole name of the minor withnotice of the deposit to the minor.

 

(b) The payment or the delivery provided in W.S. 3-3-108 shallnot be made if the person has actual knowledge that a conservator has beenappointed or proceedings for appointment of a conservator of the estate of theminor are pending.

 

(c) Subject to subsection (d) of this section, persons otherthan the minor or any financial institution under paragraph (a)(iv) of thissection, receiving money or property for a minor, shall apply the money orproperty to the support, care and education of the minor. The money orproperty shall not be used as compensation to the recipient except forreimbursement of out-of-pocket expenses for goods and services necessary forthe minor's support. Any excess sums shall be invested for future support ofthe minor and any balance not so used and any property received for the minorshall be turned over to the minor when he attains majority, is married or isemancipated.

 

(d) If the person receiving money or property for a minor isthe parent of the minor, he shall discharge fully his parental duties ofsupport before reimbursing himself for out-of-pocket expenses as provided undersubsection (c) of this section.

 

(e) Persons who pay or deliver money or property in accordancewith provisions of this section are not responsible for the proper applicationthereof by the recipient.

 

ARTICLE 2 - CONSERVATORSHIPS FOR ABSENTEES

 

3-3-201. Petition for appointment of conservator for absentee.

 

 

(a) Any person may file with the clerk a petition for theappointment of a conservator of the property of the absent owner when thefollowing conditions exist:

 

(i) A person owns property located in this state and hislocation is unknown and no provision for care, control and supervision of theproperty has been made; and

 

(ii) The property is likely to be lost or damaged or thedependents of the owner are likely to be deprived of means of support becauseof the absence of the owner.

 

(b) The petition shall state:

 

(i) The name, age and last known address of the proposed wardand the names and addresses of the spouse and children of the proposed ward orof his parents if the proposed ward has no spouse or children or if he is aminor. If there are no spouse, children or parents, then the petition shallstate the names and addresses of the proposed ward's brothers and sisters. Ifthere are no brothers or sisters, then the petition shall state the names andaddresses of the nearest known relatives of the proposed ward;

 

(ii) The facts concerning the disappearance of the absentee;

 

(iii) The name and address of the proposed conservator, and hisqualifications to serve in that capacity;

 

(iv) A general description of the property of the proposed wardwithin the state and of his right to receive property, the estimated presentvalue of the real property, the estimated gross annual income of the estate andwhether any money is payable, or to become payable, to the proposed ward fromany source;

 

(v) The facts showing the property of the absentee is likely tobe lost or damaged, or his dependents are likely to be deprived of means ofsupport because of his absence, and no proper provision has been made for thecare, control and supervision of the property; and

 

(vi) The interests of the petitioner.

 

3-3-202. Original notice governed by rules of civil procedure.

 

Noticeof the filing of the petition and of the time and place set for the hearing onthe petition shall be served upon the absentee by publication as provided bythe Wyoming Rules of Civil Procedure.

 

3-3-203. Additional notice governed by rules of civil procedure.

 

(a) Notice of the filing of the petition and of the time andplace set for the hearing on the petition shall also be served as provided bythe Wyoming Rules of Civil Procedure on:

 

(i) The spouse and children of the absentee;

 

(ii) The testamentary beneficiaries, if known, and intestateheirs of the absentee; or

 

(iii) The parents or guardian of the absentee if he is a minor.

 

3-3-204. Pleadings and trial; rules of civil procedure.

 

Allproceedings for the appointment of a conservator for an absent person shall begoverned by the Wyoming Rules of Civil Procedure and the Wyoming Rules ofEvidence.

 

3-3-205. Appointment of conservator.

 

Ifthe allegations of the petition are proved by a preponderance of the evidence,the court may appoint a conservator.

 

3-3-206. Appointment of temporary conservator.

 

Uponthe filing of a petition for a temporary conservator and after a hearing thecourt may appoint a temporary conservator subject to any notice and conditionsthe court prescribes.

 

ARTICLE 3 - STANDBY CONSERVATORSHIPS

 

3-3-301. Voluntary petition for appointment of conservator; standbybasis.

 

Anyadult who is of sound mind may execute a petition for the voluntary appointmentof a conservator of his property upon the express condition that the petitionshall be acted upon by the court only upon the occurrence of a specified eventor on the existence of a described condition of the mental or physical healthof the petitioner. The occurrence of the specified event or the existence ofthe described condition shall be established in the manner directed in thepetition.

 

3-3-302. Petition may nominate conservator.

 

Thepetition may nominate a person for appointment to serve as conservator, and mayrequest that the appointment be made without bond, or with bond of a certainstated sum. When appointing the conservator the court shall give due regard tothe nomination and other requests and recommendations contained in thepetition.

 

3-3-303. Deposit of petition.

 

Thepetition may be deposited with any person, firm, bank or trust company selectedby the petitioner.

 

3-3-304. Revocation of petition.

 

Anytime before the appointment of a conservator, the petition may be revoked bythe petitioner if he is of sound mind. Revocation shall be accomplished by thedestruction of the petition by the petitioner or by an instrument of revocationacknowledged by the petitioner and delivered to the depository.

 

3-3-305. Filing petition upon occurrence of conditions.

 

Anytime after the deposit of the petition and before its revocation, it may bebrought on for hearing upon the filing of a statement verified by the personhaving possession of the petition showing that the event or the conditionprovided for in the petition has occurred. The petition and the verifiedstatement shall be filed with the clerk of court of the county in which theperson who executed the petition then resides.

 

3-3-306. Time of appointment of conservator.

 

Atthe time the verified statement is filed, the court may appoint the conservatornominated in the petition or may set the petition for hearing on noticeprescribed by the court.

 

ARTICLE 4 - FOREIGN CONSERVATORS

 

3-3-401. Appointment of ancillary or foreign guardians or conservators.

 

(a) When there is no conservatorship, nor any petition thereforpending in this state, a duly qualified foreign conservator or guardian of anonresident ward may, upon application, be appointed conservator of theproperty of the person in this state. For good cause shown, the court mayappoint a resident conservator to act jointly with a foreign conservator.

 

(b) When a resident ward has a nonresident guardian orconservator, the guardian or conservator shall:

 

(i) File a certified copy of the order establishing theguardianship or conservatorship;

 

(ii) Obtain an order from a Wyoming court appointing him anancillary guardian or conservator of the ward for as long as the ward is aresident of this state and the person remains the duly appointed guardian orconservator in the other state.

 

3-3-402. Petition.

 

(a) The petition for appointment of a foreign or ancillaryconservator or guardian as conservator in this state shall include:

 

(i) The names and addresses of the nonresident ward and of thenonresident conservator or guardian;

 

(ii) The name and address of the resident conservator;

 

(iii) A certified copy of the letters of conservatorship or ofguardianship issued to the foreign conservator or guardian;

 

(iv) A certified copy of the bond of the foreign conservator orguardian or a certified copy of the order appointing the foreign conservator orguardian showing that no bond was required;

 

(v) The description and estimated value of the nonresidentward's property in this state; and

 

(vi) The name and address of the person in possession of theproperty in this state belonging to the nonresident ward.

 

3-3-403. Personal property.

 

Thecourt of the county where the nonresident ward has personal property mayauthorize the foreign conservator or guardian of a nonresident ward to receivethe property upon compliance with the provisions of W.S. 2-11-301 through2-11-303.

 

3-3-404. Filing of bond.

 

Thecourt may require the foreign or ancillary conservator or guardian to file abond satisfactory to the court. The foreign or ancillary conservator orguardian shall file with the clerk of court his bond as required by the courtof this state.

 

3-3-405. Order for delivery.

 

Uponthe filing of the bond required by the court of this state the court shallorder the personal property of the nonresident ward delivered to the foreignconservator or guardian. The foreign conservator or guardian shall execute andfile with the court a receipt itemizing the property of the nonresident wardreceived by him.

 

3-3-406. Recording of bond; notice to court.

 

(a) The clerk shall mail to the court which granted the foreignletters of conservatorship or of guardianship copies of:

 

(i) The letters of conservatorship or guardianship issued bythe Wyoming court;

 

(ii) The bond filed with the Wyoming court; and

 

(iii) The receipt of the foreign conservator or guardianitemizing property delivered to and received by the foreign conservator orguardian and showing date of delivery.

 

ARTICLE 5 - CONSERVATORS OF ESTATES OF MINORS AND INCOMPETENTSADMITTED TO STATE INSTITUTIONS

 

3-3-501. Designation of conservators; exception.

 

(a) The administrator of the Wyoming life resource center isappointed conservator of the estate of:

 

(i) Each adult admitted to the Wyoming life resource centerunless a conservator or other duly authorized agent has already been appointedfor the person; and

 

(ii) Each minor with an estate of more than five thousanddollars ($5,000.00) admitted to the center unless a conservator has alreadybeen appointed for the minor.

 

(b) The superintendent of the Wyoming state hospital isappointed conservator of the estate of:

 

(i) Each adult resident adjudged to be a mentally incompetentperson unless a conservator or other duly authorized agent has already beenappointed for the person; and

 

(ii) Each minor with an estate of more than five thousanddollars ($5,000.00) admitted to the institution unless a conservator hasalready been appointed for the minor.

 

3-3-502. Duration of appointment; bonds.

 

Aconservator appointed under this article shall serve as conservator of theestates of the patients or residents of the institution until a successor hasbeen appointed and qualified or until the conservatorship for any individualward is otherwise terminated. The conservator's official bond as superintendentof the institution shall be sufficient security for all money and propertycoming into possession of the conservator unless the director of the departmentof health requires an additional bond.

 

3-3-503. Authority generally; required reports.

 

(a) The conservator may:

 

(i) Receive money or property of the ward paid or delivered tohim;

 

(ii) Disburse funds of the ward necessary for the support,maintenance and general welfare of the ward;

 

(iii) With the consent and approval of the director of thedepartment of health, invest a reasonable amount of the funds in any investmentauthorized by Wyoming law, and reconvert the investment into cash when neededfor the ward's support and maintenance.

 

(b) The conservator shall:

 

(i) Deposit excess funds of the ward in a federally insuredinterest bearing account in a financial institution of his choice;

 

(ii) Submit an annual report to the court having jurisdictionaccounting for all money and property coming into his possession for thebenefit of each ward and itemizing all disbursements made from the ward'sassets.

 

3-3-504. Transfer of funds to court appointed conservator.

 

If a conservator for a minor or incompetent person is appointedby a court of this state after the person has been admitted to the Wyoming liferesource center or the Wyoming state hospital, the conservatorship created forthe ward under this article shall terminate and all money and property of theward in the possession of the conservator appointed under this article shall bedelivered to the court appointed conservator upon proof of his appointment andqualification.

 

3-3-505. Transfer of funds to successor upon termination ofappointment as superintendent.

 

Upontermination of his appointment as superintendent of the institution, aconservator appointed under this article shall transfer to his successor allfunds and property which he holds as conservator.

 

3-3-506. Transfer of funds upon discharge, etc., of minor orincompetent.

 

Upontermination of the conservatorship by the death of the ward or by his dischargefrom the institution, all assets of the ward in the possession of a conservatorappointed under this article shall be delivered to the person entitled by lawto receive them.

 

ARTICLE 6 - DUTIES AND POWERS OF CONSERVATOR

 

3-3-601. General duties of conservator.

 

Theconservator of the estate shall protect and preserve it, invest it prudently,account for it as provided in the Wyoming statutes, expend it for the benefitof the ward and perform all other duties required by law. At the termination ofthe conservatorship, the conservator shall deliver the assets of the ward tothe person entitled to receive them.

 

3-3-602. Inventory of ward's property.

 

Withinninety (90) days after the date of his appointment, or, within additional timeallowed by the court, a conservator shall file in the court a verifiedinventory of all of the property of the ward which has come into his possessionor of which he has knowledge. When any property of the ward not listed in theinventory comes into the possession or to the knowledge of the conservator, heshall include the after discovered property in his next accounting.

 

3-3-603. Disposition of will by conservator.

 

Whenthe conservator receives an instrument purporting to be the will of the ward heshall immediately deliver it to the court.

 

3-3-604. Court order to preserve testamentary intent of ward.

 

Thecourt may read the instrument purporting to be the will of the ward which theconservator delivered to the court. With or without notice as it maydetermine, the court may enter any orders it deems advisable for the properadministration of the conservatorship in light of the expressed testamentaryintent of the ward.

 

3-3-605. Court to file sealed copy and deliver will to conservator.

 

Acopy of an instrument purporting to be the will of a ward coming into thepossession of the court under W.S. 3-3-603, shall be made, sealed and depositedin the file of the conservatorship. The original copy of the will shall besealed and returned to the conservator.

 

3-3-606. Powers of conservator without order of court.

 

(a) Without prior order of the court the conservator may:

 

(i) Collect, receive, receipt for any principal or income;

 

(ii) Enforce, defend against or prosecute any claim by oragainst the ward or the conservator;

 

(iii) Sue on and defend claims in favor of or against the ward orthe conservator;

 

(iv) Sell and transfer personal property of a perishable natureand personal property for which there is a regularly established market;

 

(v) Vote at corporate meetings in person or by proxy;

 

(vi) Receive additional property from any source;

 

(vii) Continue to hold any investment or other propertyoriginally received by him, and any increase thereof, pending the timely filingof the first annual report;

 

(viii) Apply the principal, income and profits of the estate ofthe ward, to the extent necessary, for the comfortable and suitable maintenance,education, support and care of the ward in an amount proportionate to the valueof his estate or his condition in life taking into account any parental duty ofsupport as provided in W.S. 3-3-607;

 

(ix) Invest the funds belonging to the ward;

 

(x) Pay the funds to or for the benefit of the ward in any ofthe following ways:

 

(A) Directly to the ward;

 

(B) Directly to the provider for the maintenance, support,education and care of the ward;

 

(C) To the legal guardian of the person of the ward; or

 

(D) To anyone who at the time has the custody and care of theperson of the ward.

 

(xi) Appear for and represent the ward in all legal proceedings,unless another person is appointed for that purpose, and prosecute or defendactions, claims or proceedings in any jurisdiction for the protection of estateassets and of the conservator in the performance of his duties;

 

(xii) Request the court to modify the conservator's range ofduties if the changed circumstances of the ward require such modifications.

 

3-3-607. Powers of conservator subject to the approval of the court.

 

(a) Upon order of the court after hearing and notice asprescribed by the court the conservator may:

 

(i) Apply any portion of the income or of the estate of theward for the support of any person for whose support the ward is legallyliable;

 

(ii) Compromise or settle any claim by or against the ward orthe conservator, and adjust, arbitrate or compromise claims in favor of oragainst the ward or conservator;

 

(iii) Apply the income and profits of the minor ward for hismaintenance, care, support and education if the court finds that the parent ofthe minor ward should be relieved of the obligation of parental support;

 

(iv) Do any other thing that the court determines to be in thebest interest of the ward and his estate;

 

(v) Sell, mortgage, exchange, pledge or lease real and personalproperty belonging to the ward, including the homestead and exempt personalproperty when it appears to be in the best interest of the ward, in the samemanner and by the same procedure provided by title 2, Wyoming statutes for thesale, mortgage, exchange, pledge and lease by personal representatives inadministration of estates of decedents;

 

(vi) Create a written revocable inter vivos trust, with acorporate trustee whose principal place of business is in Wyoming and which hastrust powers under or in accordance with the laws of Wyoming, and transfer tothe trust any part or all of the assets belonging to the ward. The trust shallprovide by its terms that it may be revoked at any time by the court in whichevent the trustee shall deliver all of the trust assets then in its possessionin accordance with the order of the court.

 

3-3-608. Appointment of attorney in compromise of personal injurysettlements.

 

Notwithstandingthe provisions of W.S. 3-3-607(a)(ii), prior to authorizing a compromise of aclaim for damages on account of personal injuries to the ward, the court mayorder an independent investigation by an attorney other than the attorney forthe conservator. The cost of the investigation, including a reasonableattorney fee, shall be taxed as part of the cost of the conservatorship.

 

3-3-609. Powers of conservators; same as fiduciaries.

 

Exceptas expressly modified in title 3, Wyoming statutes, a conservator has thepowers relating to all fiduciaries as provided in title 2, Wyoming statutes.

 

3-3-610. Breach of contracts.

 

Aconservator may breach contracts of the ward entered into by the ward prior tothe appointment of the conservator after notice and hearing and order of thecourt for good cause. The conservator shall incur the same liability of theward's estate for the breach as the ward would have incurred for the breach hadhe been competent.

 

3-3-611. Tort liability of conservator.

 

Thefact that a person is a conservator or a guardian shall not in itself make himpersonally liable for damages for the acts of his ward.

 

ARTICLE 7 - CLAIMS

 

3-3-701. Claims against the ward.

 

Claimsagainst the ward accruing before or after the appointment of the conservator,and whether arising in contract or tort after being allowed or established asprovided in W.S. 3-3-701 through 3-3-711, shall be paid by the conservator fromthe assets of the conservatorship.

 

3-3-702. Filing of claim; exceptions.

 

(a) All claims against the ward shall be filed in duplicatewith the clerk of the court in which the conservatorship was created. If onlyone (1) copy of a claim is filed, the clerk shall make a duplicate and shallcharge the claimant a reasonable fee.

 

(b) The clerk shall forthwith transmit to the conservator one(1) copy of each claim filed.

 

(c) Any claim not in excess of two hundred dollars ($200.00)may be allowed by the conservator without the filing of the claim by the creditor. The conservator is accountable to the court for paying a claim under thissubsection.

 

(d) Valid contract claims arising in the ordinary course of theconduct of the business or affairs of the ward by the conservator may be paidby the conservator without requiring affidavit or filing.

 

3-3-703. Affidavit and supporting documentation.

 

(a) When a claim is filed with the clerk it shall be supportedby satisfactory vouchers or other evidence supporting the claim, and by theaffidavit of the claimant or someone in his behalf that the account is justlydue, or if it is not due, when it will or may become due, that no payments havebeen made thereon which are not credited, and that there are no offsets to theclaim to the knowledge of the affiant. If the claim is not due when filed oris contingent, an explanation of the claim shall be stated.

 

(b) If the claim is founded on a bond, bill, note or otherinstrument, a copy of the instrument shall accompany the claim. The originalinstrument shall be exhibited to the conservator if demanded, unless it is lostor destroyed, in which case the claimant shall accompany his claim by hisaffidavit containing a copy or particular description of the instrument andstating its loss or destruction. If the claim, or any part thereof, is securedby a mortgage or other lien which has been recorded or filed in the office ofthe county clerk in the county in which the land or property affected by it issituate, it is sufficient to describe the mortgage or lien and refer to thedate, filing number and volume and page of its record.

 

3-3-704. Claims of conservators.

 

(a) If the conservator is a creditor of the ward, he shall filehis claim as other creditors and the court shall appoint a competent person astemporary conservator to represent the ward in the matter allowing ordisallowing the claim. The same procedure shall be followed in the case ofjoint conservators, where all of the conservators are creditors of the ward. If one (1) of the joint conservators is not a creditor of the ward, thedisinterested conservator shall represent the ward in the matter of allowing ordisallowing the claim against the estate by a conservator.

 

(b) The temporary conservator shall investigate the claim andreport his findings to the court and his recommendation whether the claimshould be allowed or disallowed. If the court disallows the claim, it shall betreated as a rejected claim.

 

3-3-705. Claims; statutes of limitations.

 

(a) The filing of a claim in the conservatorship tolls thestatute of limitations applicable to the claim until the claim is rejected bythe conservator.

 

(b) It is within the discretion of the conservator to determinewhether or not the applicable statute of limitations shall be invoked to bar aclaim which he believes to be just, and his decision as to invoking the statuteshall be final.

 

3-3-706. Allowance and rejection of claims.

 

(a) Within sixty (60) days after the filing of a claim, theconservator shall either allow the claim in a writing filed with the clerk, orreject the claim in whole or in part in a writing filed with the clerk.

 

(b) When a claim has been filed with the clerk and is rejectedin whole or in part, the conservator shall, immediately upon rejection, notifythe claimant by certified mail.

 

3-3-707. Action precluded until claim rejected; exception.

 

Noholder of a claim against a ward shall maintain any action thereon unless theclaim is first rejected in whole or in part by the conservator and therejection filed with the clerk.

 

3-3-708. Compelling payment of claims.

 

(a) No claimant may compel payment of his claim until it hasbeen duly filed and allowed by the conservator or reduced to judgment and acertified copy of the judgment filed with the clerk.

 

(b) Any judgment rendered upon any claim for money onlyestablishes the claim as if it had been allowed by the conservator. Thejudgment shall order that the conservator pay the amount adjudged to be due, tothe extent of assets available, to satisfy claims against the ward, augmentedby any liability insurance proceeds available as to the claim.

 

(c) If judgment is for the recovery of real or personalproperty or the enforcement of lien thereon, no execution shall issue until ten(10) days after a certified copy of the judgment has been filed with the clerk.

 

3-3-709. Judgments; execution and levy.

 

(a) When a judgment has been entered against the ward prior tothe appointment of a conservator, no execution shall issue thereon after theconservator is appointed unless the judgment is for the recovery of real orpersonal property or the enforcement of a lien. A judgment against the ward forthe recovery of money shall be filed with the clerk as any other claim. Ifexecution is levied upon any property of the ward before the appointment of aconservator, the property may be sold for the satisfaction of the judgment andthe officer making the sale shall account to the conservator for any surplusrealized from the sale.

 

(b) A judgment rendered against a ward for whom a conservatoris appointed after verdict or decision on an issue of fact, but before judgmentis entered, shall be filed with the clerk as any other claim.

 

(c) No execution shall issue upon nor any levy be made againstany property of the estate of a ward under any judgment against the ward orconservator, unless the judgment is for the recovery of real or personalproperty or the enforcement of a lien.

 

(d) This section shall not be construed to prevent theenforcement of a mortgage, pledge or other lien upon property in an appropriateproceeding.

 

3-3-710. Pending actions against the ward.

 

Anyaction, including any counterclaim in any pending action, pending against theward at the time the conservator is appointed, shall be considered a claimfiled in accordance with the provisions of W.S. 3-3-702 and 3-3-703, if noticeof substitution of the conservator as a party to the action is served on theconservator and a duplicate of proof of service of the notice of thesubstitution is filed with the clerk.

 

3-3-711. Payment of claims in insolvent conservatorship.

 

Whenit appears the assets of the ward are insufficient to pay in full all claimsagainst the ward, the conservator shall report the relevant facts to the court.The court shall, upon hearing, with notice to all persons who have filedclaims, order the pro rata payment of claims giving claimants the samepriority, if any, as they would have if the ward were not underconservatorship. Priority of payment shall be given to court costs and other costsof administration of the conservatorship.

 

ARTICLE 8 - GIFTS

 

3-3-801. Conservator may make gifts.

 

Forgood cause shown and under order of court, a conservator may make gifts onbehalf of the ward out of the assets of the ward to persons or religious,educational, scientific, charitable or other nonprofit organizations to whom orto which gifts were regularly made prior to the appointment of theconservator. The making of gifts from the assets of the ward shall notforeseeably impair the ability to provide adequately for the best interests ofthe ward.

 

ARTICLE 9 - CONSERVATOR'S REPORT

 

3-3-901. Conservator shall report and account.

 

(a) A conservator shall present to the court and file in theconservatorship proceedings a written verified report and accounting of hisadministration:

 

(i) Annually, within sixty (60) days following the anniversarydate of his appointment, unless the court otherwise orders on good cause shown;

 

(ii) Upon filing his resignation and before his resignation isaccepted by the court;

 

(iii) Within thirty (30) days following the date of his removal;

 

(iv) Within sixty (60) days following the date of termination ofthe conservatorship, unless that time is extended by the court;

 

(v) At other times as the court may order.

 

3-3-902. Requirement of report and accounting.

 

(a) The report and accounting required by W.S. 3-3-901 shallaccount for all of the assets, property and income of the ward during theperiod since the close of the last previous accounting, and shall include thefollowing information so far as applicable:

 

(i) The balance of funds on hand at the close of the previousaccounting, and all amounts received from whatever source during the periodcovered by the accounting;

 

(ii) An itemized account of all disbursements made during theperiod covered by the accounting;

 

(iii) Changes in investments since the last previous report,including a list of all assets and recommendations of the conservator for theretention or disposition of any property held by the conservator;

 

(iv) The amount of the bond of the conservator and the name ofthe surety;

 

(v) The residence or physical location of the ward;

 

(vi) The general physical and mental conditions of the ward;

 

(vii) A description of those duties the conservator is exercisingunder W.S. 3-3-606 and 3-3-607; and

 

(viii) Such other information necessary to show the condition ofthe affairs of the conservatorship.

 

ARTICLE 10 - COSTS AND ACCOUNTS

 

3-3-1001. Payment of court costs.

 

Noorder shall be entered approving an annual report of a guardian or conservatoruntil the court costs which have been incurred in the guardianship orconservatorship have been paid or provided for.

 

3-3-1002. Court costs of guardianship.

 

Theward or his estate shall be charged with the court costs of a guardianship of award, including the reasonable fees of the guardian and the attorney for theguardian.

 

3-3-1003. Court costs of conservatorship.

 

Theward or his estate shall be charged with the court costs of a conservatorshipfor a ward, including the reasonable fees of the conservator and the attorneyfor the conservator.

 

3-3-1004. Settlement of accounts.

 

Thecourt shall settle each account filed by a conservator by allowing ordisallowing it, either in whole or in part, or by surcharging the accountagainst the conservator.

 

ARTICLE 11 - TERMINATION OF GUARDIANSHIPS AND CONSERVATORSHIPS

 

3-3-1101. Cause for termination.

 

(a) A guardianship shall cease, and a conservatorship shallterminate, upon the occurrence of any of the following circumstances:

 

(i) If upon attaining the age of majority when the ward is aminor who has not been adjudged an incompetent person or a mentally incompetentperson;

 

(ii) The death of the ward, subject to W.S. 3-2-109(a)(iii) and3-2-201(a)(x);

 

(iii) A determination by the court that the ward is competent andcapable of managing his property and affairs, and that the continuance of theguardianship or conservatorship is not in his best interest;

 

(iv) A determination by the court that the guardian orconservator is not acting in the best interest of the ward. In such case, thecourt shall appoint another guardian or conservator;

 

(v) Upon determination by the court that the conservatorship orguardianship is no longer necessary for any other reason.

 

3-3-1102. Assets exhausted.

 

(a) When the assets of the estate of the ward do not exceed theamount of charges and claims against them, the court may direct the conservatorto proceed to terminate the conservatorship.

 

(b) When the assets of a minor ward are exhausted or consist ofonly personal property of an aggregate value not in excess of five thousanddollars ($5,000.00), the court, upon application or upon its own motion, mayterminate the conservatorship and direct the conservator to deliver theproperty to the parent or other person having custody of a minor ward for theuse of the ward after payment of allowed claims and expenses of administration.Delivery of the property has the same force and effect as if delivery had beenmade to the ward after he attains majority.

 

3-3-1103. Accounting to ward; notice of hearing.

 

Upontermination of a conservatorship, the conservator shall pay the costs ofadministration and render a full and complete accounting to the ward or hispersonal representative and to the court. Notice of hearing on the finalreport of a conservator shall be served on the ward or his personalrepresentative unless notice is waived. Notice shall be served at the time andin the manner prescribed by the court.

 

3-3-1104. Delivery of assets.

 

Upontermination of a conservatorship, all assets of the ward shall be delivered,under direction of the court, to the person or persons entitled thereto.

 

3-3-1105. Petition to terminate.

 

(a) At any time, not less than six (6) months after theappointment of a guardian or conservator, the ward may petition the courtalleging that he is no longer a proper subject of the guardianship orconservatorship and asking that the guardianship or conservatorship be terminated.

 

(b) If any petition for termination of guardianship orconservatorship is denied, no other petition for termination may be filed untilsix (6) months have elapsed since the denial of the former petition.

 

3-3-1106. Discharge of conservator and release of bond.

 

Uponsettlement of the final accounting of a conservator and upon determination thatthe property of the ward has been delivered to the person or persons lawfullyentitled thereto, the court shall discharge the conservator and discharge thesurety on the bond of the conservator.

 


State Codes and Statutes

State Codes and Statutes

Statutes > Wyoming > Title3 > Chapter3

CHAPTER 3 - CONSERVATORSHIPS

 

ARTICLE 1 - OPENING CONSERVATORSHIPS

 

3-3-101. Petition for involuntary appointment of conservator.

 

(a) Any person may file with the clerk a petition for theinvoluntary appointment of a conservator. The petition appointment shallstate:

 

(i) The name, age and address of the proposed ward;

 

(ii) The status of the proposed ward as a minor, incompetentperson or a mentally incompetent person and the reasons for the petition;

 

(iii) The name and address of the proposed conservator, and hisqualification to serve as conservator;

 

(iv) The name and address of the person or institution havingthe care, custody or control of the proposed ward;

 

(v) The fact that the residence of the proposed ward is in thecounty, or is a nonresident, or that his residence is unknown;

 

(vi) The fact that the best interest of the proposed wardrequires the appointment of a conservator in Wyoming;

 

(vii) The estimated current value of the real estate, theestimated value of the personal property and the estimated gross annual incomeof the estate;

 

(viii) Any money payable or to become payable to the proposed wardfrom any source; and

 

(ix) The interests of the petitioner.

 

3-3-102. Notice; when required; governed by rules of civil procedure.

 

(a) Noticeof filing of a petition for appointment of an involuntary conservator shall beserved on the proposed ward, his custodian, the proposed conservator and uponthe proposed ward's parents, adult children and spouse who are known or who canbe discovered with due diligence, except:

 

(i) When a petition is filed under W.S. 3-2-106, 3-3-107 or3-3-301; or

 

(ii) When for good cause the court determines that no notice isnecessary when the proposed ward is under the age of eighteen (18) years.

 

(b) Notice shall be served on any other person as ordered bythe court.

 

(c) Notice shall be given in accordance with the Wyoming Rulesof Civil Procedure and as ordered by the court.

 

3-3-103. Pleadings and trial; rules of civil procedure.

 

Afterthe petition is filed, all proceedings are governed by the Wyoming Rules ofCivil Procedure and the Wyoming Rules of Evidence. Petitioner, the proposedward or his custodian may demand a jury trial as provided by the Wyoming Rules ofCivil Procedure.

 

3-3-104. Appointment of conservator.

 

 

(a) The court may appoint a conservator if the allegations ofthe petition as to the status of the proposed ward and the necessity for theappointment of a conservator are proved by a preponderance of the evidence.

 

(b) The order appointing a conservator shall state the findingsof the court, including:

 

(i) Reasons why the ward is in need of a conservator;

 

(ii) Appointment of the conservator;

 

(iii) The duration of the appointment for a specified term orpermanent, subject to W.S. 3-3-1101;

 

(iv) The limited or plenary duties of the conservator.

 

3-3-105. Preference for appointment of conservator of a minor.

 

 

(a) The appointment of a qualified and suitable conservator ofa minor shall be made in the following order of preference:

 

(i) The parent or parents of the minor;

 

(ii) The person nominated as conservator in the will of thecustodial parent;

 

(iii) The person requested by a minor who has reached fourteen(14) years of age;

 

(iv) Any other person who is willing to serve as conservator.

 

3-3-106. Appointment of conservator on voluntary petition.

 

 

(a) The court may appoint a conservator upon the petition bythe proposed ward if:

 

(i) The petitioner has reached the age of fourteen (14) years;and

 

(ii) The court determines that the appointment of a conservatoris in the best interest of the petitioner.

 

(b) The petition shall state whether a notice of involuntarypetition for the appointment of a conservator has been served on the proposedward.

 

3-3-107. Appointment of a temporary conservator.

 

 

(a) Upon the filing of a petition for a temporary conservatorand after a hearing the court may appoint a temporary conservator subject toany notice and conditions the court prescribes.

 

(b) Every order appointing a temporary conservator shall belimited to not more than ninety (90) days. The court may order an extension ofthe temporary conservatorship for not more than an additional ninety (90) days,or conversion to a guardianship or conservatorship in accordance with W.S.3-2-105 or 3-3-101 through 3-3-106.

 

3-3-108. Payment or delivery of property in lieu of conservatorship.

 

(a) Any person under a duty to pay or deliver money or personalproperty to a minor for whom no conservator has been appointed may pay not morethan five thousand dollars ($5,000.00) per annum or may deliver property of avalue not more than five thousand dollars ($5,000.00) to:

 

(i) The minor who is married or is emancipated;

 

(ii) Any person having the care and custody of the minor withwhom the minor resides;

 

(iii) A guardian of the minor; or

 

(iv) A financial institution incident to a deposit in afederally insured interest bearing account in the sole name of the minor withnotice of the deposit to the minor.

 

(b) The payment or the delivery provided in W.S. 3-3-108 shallnot be made if the person has actual knowledge that a conservator has beenappointed or proceedings for appointment of a conservator of the estate of theminor are pending.

 

(c) Subject to subsection (d) of this section, persons otherthan the minor or any financial institution under paragraph (a)(iv) of thissection, receiving money or property for a minor, shall apply the money orproperty to the support, care and education of the minor. The money orproperty shall not be used as compensation to the recipient except forreimbursement of out-of-pocket expenses for goods and services necessary forthe minor's support. Any excess sums shall be invested for future support ofthe minor and any balance not so used and any property received for the minorshall be turned over to the minor when he attains majority, is married or isemancipated.

 

(d) If the person receiving money or property for a minor isthe parent of the minor, he shall discharge fully his parental duties ofsupport before reimbursing himself for out-of-pocket expenses as provided undersubsection (c) of this section.

 

(e) Persons who pay or deliver money or property in accordancewith provisions of this section are not responsible for the proper applicationthereof by the recipient.

 

ARTICLE 2 - CONSERVATORSHIPS FOR ABSENTEES

 

3-3-201. Petition for appointment of conservator for absentee.

 

 

(a) Any person may file with the clerk a petition for theappointment of a conservator of the property of the absent owner when thefollowing conditions exist:

 

(i) A person owns property located in this state and hislocation is unknown and no provision for care, control and supervision of theproperty has been made; and

 

(ii) The property is likely to be lost or damaged or thedependents of the owner are likely to be deprived of means of support becauseof the absence of the owner.

 

(b) The petition shall state:

 

(i) The name, age and last known address of the proposed wardand the names and addresses of the spouse and children of the proposed ward orof his parents if the proposed ward has no spouse or children or if he is aminor. If there are no spouse, children or parents, then the petition shallstate the names and addresses of the proposed ward's brothers and sisters. Ifthere are no brothers or sisters, then the petition shall state the names andaddresses of the nearest known relatives of the proposed ward;

 

(ii) The facts concerning the disappearance of the absentee;

 

(iii) The name and address of the proposed conservator, and hisqualifications to serve in that capacity;

 

(iv) A general description of the property of the proposed wardwithin the state and of his right to receive property, the estimated presentvalue of the real property, the estimated gross annual income of the estate andwhether any money is payable, or to become payable, to the proposed ward fromany source;

 

(v) The facts showing the property of the absentee is likely tobe lost or damaged, or his dependents are likely to be deprived of means ofsupport because of his absence, and no proper provision has been made for thecare, control and supervision of the property; and

 

(vi) The interests of the petitioner.

 

3-3-202. Original notice governed by rules of civil procedure.

 

Noticeof the filing of the petition and of the time and place set for the hearing onthe petition shall be served upon the absentee by publication as provided bythe Wyoming Rules of Civil Procedure.

 

3-3-203. Additional notice governed by rules of civil procedure.

 

(a) Notice of the filing of the petition and of the time andplace set for the hearing on the petition shall also be served as provided bythe Wyoming Rules of Civil Procedure on:

 

(i) The spouse and children of the absentee;

 

(ii) The testamentary beneficiaries, if known, and intestateheirs of the absentee; or

 

(iii) The parents or guardian of the absentee if he is a minor.

 

3-3-204. Pleadings and trial; rules of civil procedure.

 

Allproceedings for the appointment of a conservator for an absent person shall begoverned by the Wyoming Rules of Civil Procedure and the Wyoming Rules ofEvidence.

 

3-3-205. Appointment of conservator.

 

Ifthe allegations of the petition are proved by a preponderance of the evidence,the court may appoint a conservator.

 

3-3-206. Appointment of temporary conservator.

 

Uponthe filing of a petition for a temporary conservator and after a hearing thecourt may appoint a temporary conservator subject to any notice and conditionsthe court prescribes.

 

ARTICLE 3 - STANDBY CONSERVATORSHIPS

 

3-3-301. Voluntary petition for appointment of conservator; standbybasis.

 

Anyadult who is of sound mind may execute a petition for the voluntary appointmentof a conservator of his property upon the express condition that the petitionshall be acted upon by the court only upon the occurrence of a specified eventor on the existence of a described condition of the mental or physical healthof the petitioner. The occurrence of the specified event or the existence ofthe described condition shall be established in the manner directed in thepetition.

 

3-3-302. Petition may nominate conservator.

 

Thepetition may nominate a person for appointment to serve as conservator, and mayrequest that the appointment be made without bond, or with bond of a certainstated sum. When appointing the conservator the court shall give due regard tothe nomination and other requests and recommendations contained in thepetition.

 

3-3-303. Deposit of petition.

 

Thepetition may be deposited with any person, firm, bank or trust company selectedby the petitioner.

 

3-3-304. Revocation of petition.

 

Anytime before the appointment of a conservator, the petition may be revoked bythe petitioner if he is of sound mind. Revocation shall be accomplished by thedestruction of the petition by the petitioner or by an instrument of revocationacknowledged by the petitioner and delivered to the depository.

 

3-3-305. Filing petition upon occurrence of conditions.

 

Anytime after the deposit of the petition and before its revocation, it may bebrought on for hearing upon the filing of a statement verified by the personhaving possession of the petition showing that the event or the conditionprovided for in the petition has occurred. The petition and the verifiedstatement shall be filed with the clerk of court of the county in which theperson who executed the petition then resides.

 

3-3-306. Time of appointment of conservator.

 

Atthe time the verified statement is filed, the court may appoint the conservatornominated in the petition or may set the petition for hearing on noticeprescribed by the court.

 

ARTICLE 4 - FOREIGN CONSERVATORS

 

3-3-401. Appointment of ancillary or foreign guardians or conservators.

 

(a) When there is no conservatorship, nor any petition thereforpending in this state, a duly qualified foreign conservator or guardian of anonresident ward may, upon application, be appointed conservator of theproperty of the person in this state. For good cause shown, the court mayappoint a resident conservator to act jointly with a foreign conservator.

 

(b) When a resident ward has a nonresident guardian orconservator, the guardian or conservator shall:

 

(i) File a certified copy of the order establishing theguardianship or conservatorship;

 

(ii) Obtain an order from a Wyoming court appointing him anancillary guardian or conservator of the ward for as long as the ward is aresident of this state and the person remains the duly appointed guardian orconservator in the other state.

 

3-3-402. Petition.

 

(a) The petition for appointment of a foreign or ancillaryconservator or guardian as conservator in this state shall include:

 

(i) The names and addresses of the nonresident ward and of thenonresident conservator or guardian;

 

(ii) The name and address of the resident conservator;

 

(iii) A certified copy of the letters of conservatorship or ofguardianship issued to the foreign conservator or guardian;

 

(iv) A certified copy of the bond of the foreign conservator orguardian or a certified copy of the order appointing the foreign conservator orguardian showing that no bond was required;

 

(v) The description and estimated value of the nonresidentward's property in this state; and

 

(vi) The name and address of the person in possession of theproperty in this state belonging to the nonresident ward.

 

3-3-403. Personal property.

 

Thecourt of the county where the nonresident ward has personal property mayauthorize the foreign conservator or guardian of a nonresident ward to receivethe property upon compliance with the provisions of W.S. 2-11-301 through2-11-303.

 

3-3-404. Filing of bond.

 

Thecourt may require the foreign or ancillary conservator or guardian to file abond satisfactory to the court. The foreign or ancillary conservator orguardian shall file with the clerk of court his bond as required by the courtof this state.

 

3-3-405. Order for delivery.

 

Uponthe filing of the bond required by the court of this state the court shallorder the personal property of the nonresident ward delivered to the foreignconservator or guardian. The foreign conservator or guardian shall execute andfile with the court a receipt itemizing the property of the nonresident wardreceived by him.

 

3-3-406. Recording of bond; notice to court.

 

(a) The clerk shall mail to the court which granted the foreignletters of conservatorship or of guardianship copies of:

 

(i) The letters of conservatorship or guardianship issued bythe Wyoming court;

 

(ii) The bond filed with the Wyoming court; and

 

(iii) The receipt of the foreign conservator or guardianitemizing property delivered to and received by the foreign conservator orguardian and showing date of delivery.

 

ARTICLE 5 - CONSERVATORS OF ESTATES OF MINORS AND INCOMPETENTSADMITTED TO STATE INSTITUTIONS

 

3-3-501. Designation of conservators; exception.

 

(a) The administrator of the Wyoming life resource center isappointed conservator of the estate of:

 

(i) Each adult admitted to the Wyoming life resource centerunless a conservator or other duly authorized agent has already been appointedfor the person; and

 

(ii) Each minor with an estate of more than five thousanddollars ($5,000.00) admitted to the center unless a conservator has alreadybeen appointed for the minor.

 

(b) The superintendent of the Wyoming state hospital isappointed conservator of the estate of:

 

(i) Each adult resident adjudged to be a mentally incompetentperson unless a conservator or other duly authorized agent has already beenappointed for the person; and

 

(ii) Each minor with an estate of more than five thousanddollars ($5,000.00) admitted to the institution unless a conservator hasalready been appointed for the minor.

 

3-3-502. Duration of appointment; bonds.

 

Aconservator appointed under this article shall serve as conservator of theestates of the patients or residents of the institution until a successor hasbeen appointed and qualified or until the conservatorship for any individualward is otherwise terminated. The conservator's official bond as superintendentof the institution shall be sufficient security for all money and propertycoming into possession of the conservator unless the director of the departmentof health requires an additional bond.

 

3-3-503. Authority generally; required reports.

 

(a) The conservator may:

 

(i) Receive money or property of the ward paid or delivered tohim;

 

(ii) Disburse funds of the ward necessary for the support,maintenance and general welfare of the ward;

 

(iii) With the consent and approval of the director of thedepartment of health, invest a reasonable amount of the funds in any investmentauthorized by Wyoming law, and reconvert the investment into cash when neededfor the ward's support and maintenance.

 

(b) The conservator shall:

 

(i) Deposit excess funds of the ward in a federally insuredinterest bearing account in a financial institution of his choice;

 

(ii) Submit an annual report to the court having jurisdictionaccounting for all money and property coming into his possession for thebenefit of each ward and itemizing all disbursements made from the ward'sassets.

 

3-3-504. Transfer of funds to court appointed conservator.

 

If a conservator for a minor or incompetent person is appointedby a court of this state after the person has been admitted to the Wyoming liferesource center or the Wyoming state hospital, the conservatorship created forthe ward under this article shall terminate and all money and property of theward in the possession of the conservator appointed under this article shall bedelivered to the court appointed conservator upon proof of his appointment andqualification.

 

3-3-505. Transfer of funds to successor upon termination ofappointment as superintendent.

 

Upontermination of his appointment as superintendent of the institution, aconservator appointed under this article shall transfer to his successor allfunds and property which he holds as conservator.

 

3-3-506. Transfer of funds upon discharge, etc., of minor orincompetent.

 

Upontermination of the conservatorship by the death of the ward or by his dischargefrom the institution, all assets of the ward in the possession of a conservatorappointed under this article shall be delivered to the person entitled by lawto receive them.

 

ARTICLE 6 - DUTIES AND POWERS OF CONSERVATOR

 

3-3-601. General duties of conservator.

 

Theconservator of the estate shall protect and preserve it, invest it prudently,account for it as provided in the Wyoming statutes, expend it for the benefitof the ward and perform all other duties required by law. At the termination ofthe conservatorship, the conservator shall deliver the assets of the ward tothe person entitled to receive them.

 

3-3-602. Inventory of ward's property.

 

Withinninety (90) days after the date of his appointment, or, within additional timeallowed by the court, a conservator shall file in the court a verifiedinventory of all of the property of the ward which has come into his possessionor of which he has knowledge. When any property of the ward not listed in theinventory comes into the possession or to the knowledge of the conservator, heshall include the after discovered property in his next accounting.

 

3-3-603. Disposition of will by conservator.

 

Whenthe conservator receives an instrument purporting to be the will of the ward heshall immediately deliver it to the court.

 

3-3-604. Court order to preserve testamentary intent of ward.

 

Thecourt may read the instrument purporting to be the will of the ward which theconservator delivered to the court. With or without notice as it maydetermine, the court may enter any orders it deems advisable for the properadministration of the conservatorship in light of the expressed testamentaryintent of the ward.

 

3-3-605. Court to file sealed copy and deliver will to conservator.

 

Acopy of an instrument purporting to be the will of a ward coming into thepossession of the court under W.S. 3-3-603, shall be made, sealed and depositedin the file of the conservatorship. The original copy of the will shall besealed and returned to the conservator.

 

3-3-606. Powers of conservator without order of court.

 

(a) Without prior order of the court the conservator may:

 

(i) Collect, receive, receipt for any principal or income;

 

(ii) Enforce, defend against or prosecute any claim by oragainst the ward or the conservator;

 

(iii) Sue on and defend claims in favor of or against the ward orthe conservator;

 

(iv) Sell and transfer personal property of a perishable natureand personal property for which there is a regularly established market;

 

(v) Vote at corporate meetings in person or by proxy;

 

(vi) Receive additional property from any source;

 

(vii) Continue to hold any investment or other propertyoriginally received by him, and any increase thereof, pending the timely filingof the first annual report;

 

(viii) Apply the principal, income and profits of the estate ofthe ward, to the extent necessary, for the comfortable and suitable maintenance,education, support and care of the ward in an amount proportionate to the valueof his estate or his condition in life taking into account any parental duty ofsupport as provided in W.S. 3-3-607;

 

(ix) Invest the funds belonging to the ward;

 

(x) Pay the funds to or for the benefit of the ward in any ofthe following ways:

 

(A) Directly to the ward;

 

(B) Directly to the provider for the maintenance, support,education and care of the ward;

 

(C) To the legal guardian of the person of the ward; or

 

(D) To anyone who at the time has the custody and care of theperson of the ward.

 

(xi) Appear for and represent the ward in all legal proceedings,unless another person is appointed for that purpose, and prosecute or defendactions, claims or proceedings in any jurisdiction for the protection of estateassets and of the conservator in the performance of his duties;

 

(xii) Request the court to modify the conservator's range ofduties if the changed circumstances of the ward require such modifications.

 

3-3-607. Powers of conservator subject to the approval of the court.

 

(a) Upon order of the court after hearing and notice asprescribed by the court the conservator may:

 

(i) Apply any portion of the income or of the estate of theward for the support of any person for whose support the ward is legallyliable;

 

(ii) Compromise or settle any claim by or against the ward orthe conservator, and adjust, arbitrate or compromise claims in favor of oragainst the ward or conservator;

 

(iii) Apply the income and profits of the minor ward for hismaintenance, care, support and education if the court finds that the parent ofthe minor ward should be relieved of the obligation of parental support;

 

(iv) Do any other thing that the court determines to be in thebest interest of the ward and his estate;

 

(v) Sell, mortgage, exchange, pledge or lease real and personalproperty belonging to the ward, including the homestead and exempt personalproperty when it appears to be in the best interest of the ward, in the samemanner and by the same procedure provided by title 2, Wyoming statutes for thesale, mortgage, exchange, pledge and lease by personal representatives inadministration of estates of decedents;

 

(vi) Create a written revocable inter vivos trust, with acorporate trustee whose principal place of business is in Wyoming and which hastrust powers under or in accordance with the laws of Wyoming, and transfer tothe trust any part or all of the assets belonging to the ward. The trust shallprovide by its terms that it may be revoked at any time by the court in whichevent the trustee shall deliver all of the trust assets then in its possessionin accordance with the order of the court.

 

3-3-608. Appointment of attorney in compromise of personal injurysettlements.

 

Notwithstandingthe provisions of W.S. 3-3-607(a)(ii), prior to authorizing a compromise of aclaim for damages on account of personal injuries to the ward, the court mayorder an independent investigation by an attorney other than the attorney forthe conservator. The cost of the investigation, including a reasonableattorney fee, shall be taxed as part of the cost of the conservatorship.

 

3-3-609. Powers of conservators; same as fiduciaries.

 

Exceptas expressly modified in title 3, Wyoming statutes, a conservator has thepowers relating to all fiduciaries as provided in title 2, Wyoming statutes.

 

3-3-610. Breach of contracts.

 

Aconservator may breach contracts of the ward entered into by the ward prior tothe appointment of the conservator after notice and hearing and order of thecourt for good cause. The conservator shall incur the same liability of theward's estate for the breach as the ward would have incurred for the breach hadhe been competent.

 

3-3-611. Tort liability of conservator.

 

Thefact that a person is a conservator or a guardian shall not in itself make himpersonally liable for damages for the acts of his ward.

 

ARTICLE 7 - CLAIMS

 

3-3-701. Claims against the ward.

 

Claimsagainst the ward accruing before or after the appointment of the conservator,and whether arising in contract or tort after being allowed or established asprovided in W.S. 3-3-701 through 3-3-711, shall be paid by the conservator fromthe assets of the conservatorship.

 

3-3-702. Filing of claim; exceptions.

 

(a) All claims against the ward shall be filed in duplicatewith the clerk of the court in which the conservatorship was created. If onlyone (1) copy of a claim is filed, the clerk shall make a duplicate and shallcharge the claimant a reasonable fee.

 

(b) The clerk shall forthwith transmit to the conservator one(1) copy of each claim filed.

 

(c) Any claim not in excess of two hundred dollars ($200.00)may be allowed by the conservator without the filing of the claim by the creditor. The conservator is accountable to the court for paying a claim under thissubsection.

 

(d) Valid contract claims arising in the ordinary course of theconduct of the business or affairs of the ward by the conservator may be paidby the conservator without requiring affidavit or filing.

 

3-3-703. Affidavit and supporting documentation.

 

(a) When a claim is filed with the clerk it shall be supportedby satisfactory vouchers or other evidence supporting the claim, and by theaffidavit of the claimant or someone in his behalf that the account is justlydue, or if it is not due, when it will or may become due, that no payments havebeen made thereon which are not credited, and that there are no offsets to theclaim to the knowledge of the affiant. If the claim is not due when filed oris contingent, an explanation of the claim shall be stated.

 

(b) If the claim is founded on a bond, bill, note or otherinstrument, a copy of the instrument shall accompany the claim. The originalinstrument shall be exhibited to the conservator if demanded, unless it is lostor destroyed, in which case the claimant shall accompany his claim by hisaffidavit containing a copy or particular description of the instrument andstating its loss or destruction. If the claim, or any part thereof, is securedby a mortgage or other lien which has been recorded or filed in the office ofthe county clerk in the county in which the land or property affected by it issituate, it is sufficient to describe the mortgage or lien and refer to thedate, filing number and volume and page of its record.

 

3-3-704. Claims of conservators.

 

(a) If the conservator is a creditor of the ward, he shall filehis claim as other creditors and the court shall appoint a competent person astemporary conservator to represent the ward in the matter allowing ordisallowing the claim. The same procedure shall be followed in the case ofjoint conservators, where all of the conservators are creditors of the ward. If one (1) of the joint conservators is not a creditor of the ward, thedisinterested conservator shall represent the ward in the matter of allowing ordisallowing the claim against the estate by a conservator.

 

(b) The temporary conservator shall investigate the claim andreport his findings to the court and his recommendation whether the claimshould be allowed or disallowed. If the court disallows the claim, it shall betreated as a rejected claim.

 

3-3-705. Claims; statutes of limitations.

 

(a) The filing of a claim in the conservatorship tolls thestatute of limitations applicable to the claim until the claim is rejected bythe conservator.

 

(b) It is within the discretion of the conservator to determinewhether or not the applicable statute of limitations shall be invoked to bar aclaim which he believes to be just, and his decision as to invoking the statuteshall be final.

 

3-3-706. Allowance and rejection of claims.

 

(a) Within sixty (60) days after the filing of a claim, theconservator shall either allow the claim in a writing filed with the clerk, orreject the claim in whole or in part in a writing filed with the clerk.

 

(b) When a claim has been filed with the clerk and is rejectedin whole or in part, the conservator shall, immediately upon rejection, notifythe claimant by certified mail.

 

3-3-707. Action precluded until claim rejected; exception.

 

Noholder of a claim against a ward shall maintain any action thereon unless theclaim is first rejected in whole or in part by the conservator and therejection filed with the clerk.

 

3-3-708. Compelling payment of claims.

 

(a) No claimant may compel payment of his claim until it hasbeen duly filed and allowed by the conservator or reduced to judgment and acertified copy of the judgment filed with the clerk.

 

(b) Any judgment rendered upon any claim for money onlyestablishes the claim as if it had been allowed by the conservator. Thejudgment shall order that the conservator pay the amount adjudged to be due, tothe extent of assets available, to satisfy claims against the ward, augmentedby any liability insurance proceeds available as to the claim.

 

(c) If judgment is for the recovery of real or personalproperty or the enforcement of lien thereon, no execution shall issue until ten(10) days after a certified copy of the judgment has been filed with the clerk.

 

3-3-709. Judgments; execution and levy.

 

(a) When a judgment has been entered against the ward prior tothe appointment of a conservator, no execution shall issue thereon after theconservator is appointed unless the judgment is for the recovery of real orpersonal property or the enforcement of a lien. A judgment against the ward forthe recovery of money shall be filed with the clerk as any other claim. Ifexecution is levied upon any property of the ward before the appointment of aconservator, the property may be sold for the satisfaction of the judgment andthe officer making the sale shall account to the conservator for any surplusrealized from the sale.

 

(b) A judgment rendered against a ward for whom a conservatoris appointed after verdict or decision on an issue of fact, but before judgmentis entered, shall be filed with the clerk as any other claim.

 

(c) No execution shall issue upon nor any levy be made againstany property of the estate of a ward under any judgment against the ward orconservator, unless the judgment is for the recovery of real or personalproperty or the enforcement of a lien.

 

(d) This section shall not be construed to prevent theenforcement of a mortgage, pledge or other lien upon property in an appropriateproceeding.

 

3-3-710. Pending actions against the ward.

 

Anyaction, including any counterclaim in any pending action, pending against theward at the time the conservator is appointed, shall be considered a claimfiled in accordance with the provisions of W.S. 3-3-702 and 3-3-703, if noticeof substitution of the conservator as a party to the action is served on theconservator and a duplicate of proof of service of the notice of thesubstitution is filed with the clerk.

 

3-3-711. Payment of claims in insolvent conservatorship.

 

Whenit appears the assets of the ward are insufficient to pay in full all claimsagainst the ward, the conservator shall report the relevant facts to the court.The court shall, upon hearing, with notice to all persons who have filedclaims, order the pro rata payment of claims giving claimants the samepriority, if any, as they would have if the ward were not underconservatorship. Priority of payment shall be given to court costs and other costsof administration of the conservatorship.

 

ARTICLE 8 - GIFTS

 

3-3-801. Conservator may make gifts.

 

Forgood cause shown and under order of court, a conservator may make gifts onbehalf of the ward out of the assets of the ward to persons or religious,educational, scientific, charitable or other nonprofit organizations to whom orto which gifts were regularly made prior to the appointment of theconservator. The making of gifts from the assets of the ward shall notforeseeably impair the ability to provide adequately for the best interests ofthe ward.

 

ARTICLE 9 - CONSERVATOR'S REPORT

 

3-3-901. Conservator shall report and account.

 

(a) A conservator shall present to the court and file in theconservatorship proceedings a written verified report and accounting of hisadministration:

 

(i) Annually, within sixty (60) days following the anniversarydate of his appointment, unless the court otherwise orders on good cause shown;

 

(ii) Upon filing his resignation and before his resignation isaccepted by the court;

 

(iii) Within thirty (30) days following the date of his removal;

 

(iv) Within sixty (60) days following the date of termination ofthe conservatorship, unless that time is extended by the court;

 

(v) At other times as the court may order.

 

3-3-902. Requirement of report and accounting.

 

(a) The report and accounting required by W.S. 3-3-901 shallaccount for all of the assets, property and income of the ward during theperiod since the close of the last previous accounting, and shall include thefollowing information so far as applicable:

 

(i) The balance of funds on hand at the close of the previousaccounting, and all amounts received from whatever source during the periodcovered by the accounting;

 

(ii) An itemized account of all disbursements made during theperiod covered by the accounting;

 

(iii) Changes in investments since the last previous report,including a list of all assets and recommendations of the conservator for theretention or disposition of any property held by the conservator;

 

(iv) The amount of the bond of the conservator and the name ofthe surety;

 

(v) The residence or physical location of the ward;

 

(vi) The general physical and mental conditions of the ward;

 

(vii) A description of those duties the conservator is exercisingunder W.S. 3-3-606 and 3-3-607; and

 

(viii) Such other information necessary to show the condition ofthe affairs of the conservatorship.

 

ARTICLE 10 - COSTS AND ACCOUNTS

 

3-3-1001. Payment of court costs.

 

Noorder shall be entered approving an annual report of a guardian or conservatoruntil the court costs which have been incurred in the guardianship orconservatorship have been paid or provided for.

 

3-3-1002. Court costs of guardianship.

 

Theward or his estate shall be charged with the court costs of a guardianship of award, including the reasonable fees of the guardian and the attorney for theguardian.

 

3-3-1003. Court costs of conservatorship.

 

Theward or his estate shall be charged with the court costs of a conservatorshipfor a ward, including the reasonable fees of the conservator and the attorneyfor the conservator.

 

3-3-1004. Settlement of accounts.

 

Thecourt shall settle each account filed by a conservator by allowing ordisallowing it, either in whole or in part, or by surcharging the accountagainst the conservator.

 

ARTICLE 11 - TERMINATION OF GUARDIANSHIPS AND CONSERVATORSHIPS

 

3-3-1101. Cause for termination.

 

(a) A guardianship shall cease, and a conservatorship shallterminate, upon the occurrence of any of the following circumstances:

 

(i) If upon attaining the age of majority when the ward is aminor who has not been adjudged an incompetent person or a mentally incompetentperson;

 

(ii) The death of the ward, subject to W.S. 3-2-109(a)(iii) and3-2-201(a)(x);

 

(iii) A determination by the court that the ward is competent andcapable of managing his property and affairs, and that the continuance of theguardianship or conservatorship is not in his best interest;

 

(iv) A determination by the court that the guardian orconservator is not acting in the best interest of the ward. In such case, thecourt shall appoint another guardian or conservator;

 

(v) Upon determination by the court that the conservatorship orguardianship is no longer necessary for any other reason.

 

3-3-1102. Assets exhausted.

 

(a) When the assets of the estate of the ward do not exceed theamount of charges and claims against them, the court may direct the conservatorto proceed to terminate the conservatorship.

 

(b) When the assets of a minor ward are exhausted or consist ofonly personal property of an aggregate value not in excess of five thousanddollars ($5,000.00), the court, upon application or upon its own motion, mayterminate the conservatorship and direct the conservator to deliver theproperty to the parent or other person having custody of a minor ward for theuse of the ward after payment of allowed claims and expenses of administration.Delivery of the property has the same force and effect as if delivery had beenmade to the ward after he attains majority.

 

3-3-1103. Accounting to ward; notice of hearing.

 

Upontermination of a conservatorship, the conservator shall pay the costs ofadministration and render a full and complete accounting to the ward or hispersonal representative and to the court. Notice of hearing on the finalreport of a conservator shall be served on the ward or his personalrepresentative unless notice is waived. Notice shall be served at the time andin the manner prescribed by the court.

 

3-3-1104. Delivery of assets.

 

Upontermination of a conservatorship, all assets of the ward shall be delivered,under direction of the court, to the person or persons entitled thereto.

 

3-3-1105. Petition to terminate.

 

(a) At any time, not less than six (6) months after theappointment of a guardian or conservator, the ward may petition the courtalleging that he is no longer a proper subject of the guardianship orconservatorship and asking that the guardianship or conservatorship be terminated.

 

(b) If any petition for termination of guardianship orconservatorship is denied, no other petition for termination may be filed untilsix (6) months have elapsed since the denial of the former petition.

 

3-3-1106. Discharge of conservator and release of bond.

 

Uponsettlement of the final accounting of a conservator and upon determination thatthe property of the ward has been delivered to the person or persons lawfullyentitled thereto, the court shall discharge the conservator and discharge thesurety on the bond of the conservator.

 

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