Whenever a guardian or a conservator of any person or the estate of any person is appointed by any court in this state and that person has, prior to the appointment of the guardian or conservator, provided for any other person out of his or her estate, whom the person for whom a guardian or conservator has been appointed was not under legal obligations to support or provide for, and where it appears that the person for whom a guardian or conservator has been appointed would have continued the support or provision, if the guardian or conservator had not been appointed. The superior court, upon complaint filed by the person who received the support or provision, or by the guardian or conservator, may authorize the guardian or conservator to continue to make allowances out of the estate of the person for whom a guardian or conservator has been appointed, as the court in its sound discretion deems the person for whom a guardian or conservator has been appointed would have made if a guardian or conservator had not been appointed, provided, however, that the court shall not exercise the power in cases where the person for whom a guardian or conservator has been appointed has prior to the appointment of a guardian or conservator expressly declared or requested that these powers shall not be exercised by the court. In granting this authority, the court may impose conditions or restrictions and give directions as it may deem advisable.
History of Section.
P.L. 1992, ch. 493, § 5.