General duties of conservator; plan

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  • (a) A conservator, in relation to powers conferred by this part 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.

  • (b) A conservator may exercise authority only as necessitated by the limitations of the protected person, and to the extent possible, shall 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.

  • (c) Within 60 days after appointment, a conservator shall file with the appointing Court a plan for protecting, managing, expending, and distributing the assets of the protected person’s estate. The 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 plan steps 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.

  • (d) In investing an estate, selecting assets of the estate for distribution, and invoking powers 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 and may examine the will and any other donatives, nominative, or other appointive instrument of the person.


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