§ 15-14-427 — Principles of distribution by conservator

(1) Unless otherwise
specified in the order of appointment and endorsed on the letters of appointment or
contrary to the financial plan filed pursuant to section 15-14-418, a conservator may
expend or distribute income or principal of the estate of the protected person
without further court authorization or confirmation for the support, care, education,
health, and welfare of the protected person and individuals who are in fact
dependent on the protected person, including the payment of child support or
spousal maintenance, in accordance with the following rules:

(a) A conservator shall consider recommendations relating to the
appropriate standard of support, care, education, health, and welfare for the
protected person or an individual who is in fact dependent on the protected person
made by a guardian, if any, and, if the protected person is a minor, the conservator
shall consider recommendations made by a parent.

(b) A conservator may not be surcharged for money paid to persons
furnishing support, care, education, or benefit to a protected person, or an
individual who is in fact dependent on the protected person, in accordance with the
recommendations of a parent or guardian of the protected person unless the
conservator knows that the parent or guardian derives personal financial benefit
therefrom, including relief from any personal duty of support, or the
recommendations are not in the best interest of the protected person.

(c) In making distributions under this paragraph (c), the conservator shall
consider:

(I) The size of the estate, the estimated duration of the conservatorship, and
the likelihood that the protected person, at some future time, may be fully self-sufficient and able to manage his or her business affairs and the estate;

(II) The accustomed standard of living of the protected person and
individuals who are in fact dependent on the protected person; and

(III) Other money or sources used for the support of the protected person.

(d) Money expended under this paragraph (d) may be paid by the conservator
to any person, including the protected person, as reimbursement for expenditures
that the conservator might have made, or in advance for services to be rendered to
the protected person if it is reasonable to expect the services will be performed and
advance payments are customary or reasonably necessary under the
circumstances.

(2) If an estate is ample to provide for the distributions authorized by
subsection (1) of this section, a conservator for a protected person other than a
minor may make gifts that the protected person might have been expected to
make, in amounts that do not exceed in the aggregate for any calendar year twenty
percent of the income of the estate in that year.

Legislative History

Source: L. 2000: Entire part R&RE, p. 1827, � 1, effective January 1, 2001 (see � 15-17-103).