Protective proceeding.

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(1) Upon petition and after notice and hearing, the court may appoint a limited or unlimited conservator or make any other protective order provided in this part 4 in relation to the estate and affairs of:

  1. A minor, if the court determines that the minor owns money or property requiringmanagement or protection that cannot otherwise be provided or has or may have business affairs that may be put at risk or prevented because of the minor's age, or that money is needed for support and education and that protection is necessary or desirable to obtain or provide money; or

  2. Any individual, including a minor, if the court determines that, for reasons other thanage:

  1. By clear and convincing evidence, the individual is unable to manage property andbusiness affairs because the individual is unable to effectively receive or evaluate information or both or to make or communicate decisions, even with the use of appropriate and reasonably available technological assistance, or because the individual is missing, detained, or unable to return to the United States; and

  2. By a preponderance of evidence, the individual has property that will be wasted ordissipated unless management is provided or money is needed for the support, care, education, health, and welfare of the individual or of individuals who are entitled to the individual's support and that protection is necessary or desirable to obtain or provide money.

Source: L. 2000: Entire part R&RE, p. 1802, § 1, effective January 1, 2001 (see § 15-17103).

Editor's note: This section is similar to former § 15-14-401 as it existed prior to 2001.


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