59-30,160.

372 words·~2 min read·/ks/chapter-59/59-30-60

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

59-30,160. Basis for appointment of conservator for minor or adult.

(a)On petition and after notice and hearing, the court may appoint a conservator for the property or financial affairs of a minor if the court finds by a preponderance of evidence that the minor owns funds or other property exceeding $25,000 in value derived from court settlements, death transfers or sources other than the minor's employment earnings or accounts established under the uniform transfers to minors act, and either:

(1)The minor owns funds or other property requiring management or protection that otherwise cannot be provided;

(2)the minor has or may have financial affairs that may be put at unreasonable risk or hindered because of the minor's age; or

(3)appointment is necessary or desirable to obtain or provide funds or other property needed for the support, care, education, health or welfare of the minor.

(b)On petition and after notice and hearing, the court may appoint a conservator for the property or financial affairs of an adult if the court finds by clear and convincing evidence that:

(1)The adult is unable to manage property or financial affairs because:

(A)Of a limitation in the adult's ability to receive and evaluate information or make or communicate decisions, even with the use of appropriate supportive services, technological assistance or supported decision making; or

(B)the adult is missing, detained or unable to return to the United States;

(2)appointment is necessary to:

(A)Avoid harm to the adult or significant dissipation of the property of the adult; or

(B)obtain or provide funds or other property needed for the support, care, education, health or welfare of the adult or of an individual entitled to the adult's support; and

(3)the adult's identified needs cannot be met by a protective arrangement instead of conservatorship or other less restrictive alternative.

(c)The court shall grant a conservator only those powers necessitated by demonstrated limitations and needs of the adult and issue orders that will encourage development of the adult's maximum self-determination and independence. The court may not establish a full conservatorship if a limited conservatorship, protective arrangement instead of conservatorship or other less restrictive alternative would meet the needs of the adult.