§ 15-14-416 — Terms and requirements of bond

(1) The following rules apply to
any bond required:

(a) Except as otherwise provided by the terms of the bond, sureties and the
conservator are jointly and severally liable.

(b) By executing the bond of a conservator, a surety submits to the
jurisdiction of the court that issued letters to the primary obligor in any proceeding
pertaining to the fiduciary duties of the conservator in which the surety is named as
a party. Notice of any proceeding must be sent or delivered to the surety at the
address shown in the court records at the place where the bond is filed and to any
other address then known to the petitioner.

(c) On petition of a successor conservator or any interested person, a
proceeding may be brought against a surety for breach of the obligation of the
bond of the conservator.

(d) The bond of the conservator may be proceeded against until liability
under the bond is exhausted.

(e) Unless otherwise directed by the court, the cost of the bond shall be paid
from the protected person's estate.

(2) A proceeding may not be brought against a surety on any matter as to
which an action or proceeding against the primary obligor is barred.

(3) If there is a request for the waiver or reduction of a surety upon a bond,
the court may require the conservator to supply the court with a credit report, a
statement of the conservator's assets, liabilities, income, and expenses, and a
statement about any interests the conservator may have in or liability to the
conservatorship estate, or any other information the court may wish to consider.

Legislative History

Source: L. 2000: Entire part R&RE, p. 1817, � 1, effective January 1, 2001 (see � 15-17-103).