(1) A conservator, in relation to powers conferred by this part 4 or implicit in the title acquired by virtue of the proceeding, is a fiduciary and shall observe the standards of care applicable to a trustee.
A conservator shall take into account the limitations of the protected person, and tothe extent possible, as directed by the order of appointment or the financial plan, encourage the person to participate in decisions, act in the person's own behalf, and develop or regain the ability to manage the person's estate and business affairs.
Within a time set by the court, but no later than ninety days after appointment, aconservator shall file for approval with the appointing court a financial plan for protecting, managing, expending, and distributing the income and assets of the protected person's estate. The financial plan shall be based upon a comparison of the projected income and expenses of the protected person and shall set forth a plan to address the needs of the person and how the assets and income of the protected person shall be managed to meet those needs. The financial plan must be based on the actual needs of the person and take into consideration the best interest of the person. The conservator shall include in the financial plan steps to the extent possible to develop or restore the person's ability to manage the person's property, an estimate of the duration of the conservatorship, and projections of expenses and resources.
In investing an estate, selecting assets of the estate for distribution, and invokingpowers of revocation or withdrawal available for the use and benefit of the protected person and exercisable by the conservator, a conservator shall take into account any estate plan of the person known to the conservator. The conservator may examine the will and any other donative, nominative, or other appointive instrument of the person.
A conservator shall file an amended financial plan whenever there is a change incircumstances that requires a substantial deviation from the existing financial plan.
Source: L. 2000: Entire part R&RE, p. 1819, § 1, effective January 1, 2001 (see § 15-17103).
Editor's note: This section is similar to former § 15-14-417 as it existed prior to 2001.