(1)A conservatorship terminates
upon the death of the protected person or upon order of the court determining that
a conservatorship is no longer necessary or needed to protect the assets of the
protected person. Unless created for reasons other than that the protected person
is a minor, a conservatorship created for a minor also terminates when the
protected person attains the age of twenty-one years. Upon learning of the
protected person's death, the conservator shall promptly give notice of death to the
court and all other persons designated to receive notice of subsequent actions in
the order appointing the conservator.
(2)Upon receiving an order terminating the conservatorship or upon
receiving notice of the death of a protected person, the conservator shall conclude
the
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(1) A conservatorship terminates
upon the death of the protected person or upon order of the court determining that
a conservatorship is no longer necessary or needed to protect the assets of the
protected person. Unless created for reasons other than that the protected person
is a minor, a conservatorship created for a minor also terminates when the
protected person attains the age of twenty-one years. Upon learning of the
protected person's death, the conservator shall promptly give notice of death to the
court and all other persons designated to receive notice of subsequent actions in
the order appointing the conservator.
(2) Upon receiving an order terminating the conservatorship or upon
receiving notice of the death of a protected person, the conservator shall conclude
the administration of the estate by filing a final report and a petition for discharge
within sixty-three days after distribution unless otherwise directed by the court.
(3) On petition of a protected person, a conservator, or another person
interested in a protected person's welfare, the court may terminate the
conservatorship if the protected person no longer meets the statutory
requirements for the creation of a conservatorship. Termination of the
conservatorship without a decree of discharge does not affect a conservator's
liability for previous acts or the obligation to account for funds and assets of the
protected person.
(4) Except as otherwise ordered by the court for good cause, before
terminating a conservatorship, the court shall follow the same procedures to
safeguard the rights of the protected person that apply to a petition for
conservatorship. The court shall order termination unless it is proved by clear and
convincing evidence that continuation of the conservatorship is still statutorily
warranted and is still in the best interest of the protected person.
(4.5) The following provisions apply in a termination proceeding that is
initiated by the protected person:
(a) The conservator may file a written report to the court regarding any
matter relevant to the termination proceeding, and the conservator may file a
motion for instructions concerning any relevant matter including, but not limited to,
the following:
(I) Whether an attorney, guardian ad litem, or visitor should be appointed for
the protected person;
(II) Whether any further investigation or professional evaluation of the
protected person should be conducted, the scope of the investigation or
professional evaluation, and when the investigation or professional evaluation
should be completed; and
(III) Whether the conservator is to be involved in the termination proceedings,
and if so, to what extent.
(b) If the conservator elects to file a written report or a motion for
instructions, the conservator shall file such initial pleadings within twenty-one days
after the petition to terminate has been filed. Any interested person shall then have
fourteen days to file a response. If a response is filed, the conservator shall have
seven days to file a reply. If a motion for instructions is filed by the conservator as
his or her initial pleading, the court shall rule on that motion before the petition for
termination of the conservatorship is set for hearing. Unless a hearing on the motion
for instructions is requested by the court, the court may rule on the pleadings
without a hearing after the time period for the filing of the last responsive pleading
has expired. After the filing of the conservator's initial motion for instructions, the
conservator may file subsequent motions for instruction as appropriate.
(c) Except for the actions authorized in paragraphs (a), (b), and (e) of this
subsection (4.5) or as otherwise ordered by the court, the conservator may not take
any action to oppose or interfere in the termination proceeding. The filing of the
initial or subsequent motion for instructions by the conservator shall not, in and of
itself, be deemed opposition or interference.
(d) Unless ordered by the court, the conservator shall have no duty to
participate in the termination proceeding, and the conservator shall incur no liability
for filing the report or motion for instruction or for failing to participate in the
proceeding.
(e) Nothing in this subsection (4.5) shall prevent:
(I) The court, on its own motion and regardless of whether the conservator
has filed a report or request for instructions, from ordering the conservator to take
any action that the court deems appropriate, or from appointing an attorney,
guardian ad litem, visitor, or professional evaluator;
(II) The court from ordering the conservator to appear at the termination
proceeding and give testimony; or
(III) Any interested person from calling the conservator as a witness in the
termination proceeding.
(f) Any individual who has been appointed as a conservator, is an interested
person in his or her individual capacity, and wants to participate in the termination
proceeding in his or her individual capacity and not in his or her fiduciary capacity
may do so without restriction or limitation. The payment of any fees and costs to the
individual that are related to his or her decision to participate in the termination
proceeding shall be governed by section 15-10-602 (7) and not section 15-10-602 (1).
(5) Upon termination of a conservatorship and whether or not formally
distributed by the conservator, title to assets of the estate passes to the formerly
protected person, the former protected person's successors, or as ordered by the
court. The order of termination must provide for the payment of all fees, costs, and
expenses of administration and direct the conservator to file appropriate
instruments to evidence the transfer of title or confirm the ordered distribution
pursuant to the schedule of distribution prior to receiving the decree of discharge.
(6) The court shall enter a decree of discharge upon being fully satisfied that
the conservator has met all conditions required by the court for the conservator's
discharge.