(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.
Upon receiving an order terminating the conservatorship or upon receiving notice ofthe 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.
On petition of a protected person, a conservator, or another person interested in aprotected 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.
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:
Whether an attorney, guardian ad litem, or visitor should be appointed for the protected person;
Whether any further investigation or professional evaluation of the protected personshould be conducted, the scope of the investigation or professional evaluation, and when the investigation or professional evaluation should be completed; and
Whether the conservator is to be involved in the termination proceedings, and if so,to what extent.
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.
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.
Unless ordered by the court, the conservator shall have no duty to participate in thetermination proceeding, and the conservator shall incur no liability for filing the report or motion for instruction or for failing to participate in the proceeding.
Nothing in this subsection (4.5) shall prevent:
The court, on its own motion and regardless of whether the conservator has filed areport 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;
The court from ordering the conservator to appear at the termination proceeding andgive testimony; or
Any interested person from calling the conservator as a witness in the terminationproceeding.
(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).
Upon termination of a conservatorship and whether or not formally distributed by theconservator, 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.
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.
Source: L. 2000: Entire part R&RE, p. 1831, § 1, effective January 1, 2001 (see § 15-17103). L. 2011: (4.5) added, (SB 11-083), ch. 101, p. 309, § 19, effective August 10. L. 2012: (2) and (4.5)(b) amended, (SB 12-175), ch. 208, p. 841, § 54, effective July 1.
Editor's note: This section is similar to former § 15-14-430 as it existed prior to 2001.