§ 15-14-401 — Protective proceeding

(1) Upon petition and after notice and
hearing, the court may appoint a limited or unlimited conservator or make any other
protective order provided in this part 4 in relation to the estate and affairs of:

(a) A minor, if the court determines that the minor owns money or property
requiring management or protection that cannot otherwise be provided or has or
may have business affairs that may be put at risk or prevented because of the
minor's age, or that money is needed for support and education and that protection
is necessary or desirable to obtain or provide money; or

(b) Any individual, including a minor, if the court determines that, for reasons
other than age:

(I) By clear and convincing evidence, the individual is unable to manage
property and business affairs because the individual is unable to effectively receive
or evaluate information or both or to make or communicate decisions, even with the
use of appropriate and reasonably available technological assistance, or because
the individual is missing, detained, or unable to return to the United States; and

(II) By a preponderance of evidence, the individual has property that will be
wasted or dissipated unless management is provided or money is needed for the
support, care, education, health, and welfare of the individual or of individuals who
are entitled to the individual's support and that protection is necessary or desirable
to obtain or provide money.

Legislative History

Source: L. 2000: Entire part R&RE, p. 1802, � 1, effective January 1, 2001 (see � 15-17-103).