1.A conservator may expend or distribute income or principal of the estate without court
authorization or confirmation for the support, education, care, or benefit of the
protected person and the protected person's dependents in accordance with the
following principles:
a.The conservator is to consider recommendations relating to the appropriate
standard of support, education, and benefit for the protected person made by a
parent or guardian, if any. The conservator may not be surcharged for sums paid
to persons or organizations actually furnishing support, education, or care to the
protected person pursuant to the recommendations of a parent or guardian of the
protected person unless the conservator knows that the parent or guardian is
deriving personal financial benefit therefrom, incl
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1. A conservator may expend or distribute income or principal of the estate without court
authorization or confirmation for the support, education, care, or benefit of the
protected person and the protected person's dependents in accordance with the
following principles:
a. The conservator is to consider recommendations relating to the appropriate
standard of support, education, and benefit for the protected person made by a
parent or guardian, if any. The conservator may not be surcharged for sums paid
to persons or organizations actually furnishing support, education, or care to the
protected person pursuant to the recommendations of a parent or guardian of the
protected person unless the conservator knows that the parent or guardian is
deriving personal financial benefit therefrom, including relief from any personal
duty of support, or unless the recommendations are clearly not in the best
interests of the protected person.
b. The conservator is to expend or distribute sums reasonably necessary for the
support, education, care, or benefit of the protected person with due regard to:
(1) The size of the estate, the probable duration of the conservatorship, and the
likelihood that the protected person, at some future time, may be fully able
to manage the protected person's affairs and the estate which has been
conserved for the protected person.
(2) The accustomed standard of living of the protected person and members of
the protected person's household.
(3) Other funds or sources used for the support of the protected person.
c. The conservator may expend funds of the estate for the support of persons
legally dependent on the protected person and others who are members of the
protected person's household, who are unable to support themselves, and who
are in need of support.
d. Funds expended under this subsection may be paid by the conservator to any
person, including the protected person, to reimburse for expenditures that the
conservator might have made, or in advance for services to be rendered to the
protected person when it is reasonable to expect that they will be performed and
advance payments are customary or reasonably necessary under the
circumstances.
2. If the estate is ample to provide for the purposes implicit in the distributions authorized
by the preceding subsection, a conservator for a protected person other than a minor
has power to make gifts to charity and other objects as the protected person might
have been expected to make, in amounts which do not exceed in total for any year
twenty percent of the income from the estate.
3. When a minor who has not been adjudged disabled under subsection 2 of section
30.1-29-01 attains majority, the minor's conservator, after meeting all prior claims and
expenses of administration, shall pay over and distribute all funds and properties to the
former protected person as soon as possible. A final report must be filed as provided in
section 30.1-29-19.
4. When the court has determined the conservatorship is no longer needed, the
conservator, after meeting all prior claims and expenses of administration, shall pay
over and distribute all funds and properties to the former protected person as soon as
possible. A final report must be filed as provided in section 30.1-29-19.
5. If a protected person dies, the conservator shall deliver to the court for safekeeping
any will of the deceased protected person which may have come into the conservator's
possession, inform the executor or a beneficiary named therein that the conservator
has done so, and retain the estate for delivery to a duly appointed personal
representative of the decedent or other persons entitled thereto. If after forty days from
the death of the protected person no other person has been appointed personal
representative and no application or petition for appointment is before the court, the
conservator may apply to exercise the powers and duties of a personal representative
so that the conservator may proceed to administer and distribute the decedent's estate
without additional or further appointment. Upon application for an order granting the
powers of a personal representative to a conservator, after notice to any person
demanding notice under section 30.1-13-04, those identified in section 30.1-29-05.1,
and to any person nominated executor in any will of which the applicant is aware, the
court may order the conferral of the power upon determining that there is no objection,
and endorse the letters of the conservator to note that the formerly protected person is
deceased and that the conservator has acquired all of the powers and duties of a
personal representative. The making and entry of an order under this section has the
effect of an order of appointment of a personal representative as provided in section
30.1-14-08 and chapters 30.1-17 through 30.1-21, except that estate in the name of
the conservator, after administration, may be distributed to the decedent's successors
without prior retransfer to the conservator as personal representative.