§ 15-14-414 — Petition for order subsequent to appointment

(1) A protected
person or a person interested in the welfare of a protected person may file a
petition in the appointing court for an order:

(a) Requiring bond or collateral or additional bond or collateral, or reducing
bond or collateral;

(b) Requiring an accounting for the administration of the protected person's
estate;

(c) Directing distribution;

(d) Removing the conservator pursuant to section 15-10-503 and appointing
a special or successor conservator;

(e) Modifying the type of appointment or powers granted to the conservator
if the extent of protection or management previously granted is currently excessive
or insufficient or the protected person's ability to manage the estate and business
affairs has so changed as to warrant the action; or

(f) Granting other appropriate relief.

(2) A conservator may petition the appointing court for instructions
concerning fiduciary responsibility.

(3) Upon notice and hearing the petition, the court may give appropriate
instructions and make any appropriate order.

(4) At the conclusion of the hearings authorized by this section, the court
may review the motions and petitions filed by a party under this section to
determine if they were substantially warranted and brought in good faith. If, after
the hearing, the court determines that the motions and petitions filed under this
section were not substantially warranted or were brought in bad faith, the court
may award fees and costs against the movant or petitioner including, but not
limited to, the attorney fees and costs incurred by the conservatorship, or the
affected parties, in responding to the motions and petitions.

Legislative History

Source: L. 2000: Entire part R&RE, p. 1816, � 1, effective January 1, 2001 (see � 15-17-103). L. 2008: (1)(d) amended, p. 485, � 12, effective July 1.