Chapter 35-4 CONSERVATORSHIP

CHAPTER 35-4
CONSERVATORSHIP

35-4-1 Petition for Appointment of Conservator.

Any person may file with the clerk a verified petition for the appointment of a conservator. The petition shall state the following information, so far as known to the petitioner.

(A) The name, age and address of the proposed ward.

(B) That the proposed ward is in either of the following categories and the factual basis therefor:

(1) Is a person whose decision-making capacity is so impaired that the person is unable to make, communicate, or carry out important decisions concerning the person’s financial affairs.

(2) Is a minor.

(C) The name and address of the proposed conservator, the relationship of the proposed conservator to the ward, and that such person is qualified to serve in that capacity.

(D) The estimated present value of the real estate, the estimated value of the personal property, and the estimated gross annual income of the estate of the ward. If any money is payable, or to become payable, to the proposed ward by any third party, entity or agency of the Prairie Band Potawatomi Nation, or federal, or state government, the petition shall so state.

(E) The name and address of the person or institution, if any, having the care, custody or control of the proposed ward.

(F) That the proposed ward resides on the Prairie Band Potawatomi Nation reservation and/or is an enrolled member of the Prairie Band Potawatomi Nation, is a non-resident, is not enrolled, or that the proposed ward’s residence is unknown, and that the proposed ward’s best interests require the appointment of a conservator.

(G) Any such petition may be accompanied by, or the court may require that such petition be accompanied by, a report of an examination and evaluation which meets the requirements of 35-2-14, and amendments thereto. In such case, the petition may include a request that the court accept this report in lieu of ordering any additional examination and evaluation pursuant to 35-2-14, and amendments thereto.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-2 Notification of Conservatorship Powers.

In a proceeding for the appointment of a conservator, the proposed ward shall be given written notice which advised the proposed ward that if a conservator is appointed, the conservator may, without court approval, manage the proposed ward’s principal, income, and investments, sue and defend any claim by or against the ward, sell and transfer personal property, and vote at corporate meetings. The notice shall also advise the proposed ward that, upon the court’s approval, the conservator may invest the ward’s funds, execute leases, make payments to or for the benefit of the ward, support the ward’s legal dependents, compromise or settle any claim, and do any other thing that the court determines is in the ward’s best interests. The notice shall clearly advise the proposed ward of the right to counsel and the potential deprivation of the proposed ward’s civil rights. The notice shall also state that the proposed ward may use the ward’s own attorney instead of an attorney appointed by the court. The notice shall be served upon the proposed ward as provided in Section 35-2-8.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-3 Appointment of Conservator.

If the allegations of the petition as to the status of the proposed ward and the necessity for the appointment of a conservator are proved by clear and convincing evidence, then the court may appoint a conservator.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-4 Appointment of a Temporary and/or Limited Conservator.

A temporary and/or limited conservator may be appointed but only after a hearing on such notice, and subject to such conditions, as the court shall prescribe.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-5 Duties of Conservator.

(A) It is the duty of the conservator of the estate to protect and preserve it, to invest it prudently, to account for it as herein provided, and to perform all other duties required of the conservator by law, and at the termination of the conservatorship, to deliver the assets of the ward to the person entitled thereto.

(B) The conservator shall report to the court at least annually unless the court otherwise orders that a report should be filed every six months or at some other interval to be determined by and in the discretion of the court, and the report shall comply with the provisions of Section 35-4-18.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-6 Powers of the Conservator Without Further Order of Court.

Upon appointment by the court as the ward’s conservator, the conservator shall have the full power, without further order of the court, with relation to the estate of the ward:

(A) To collect, receive, and provide receipts for, any principal or income, and to enforce, defend against or prosecute any claim by or against the ward or the conservator; to sue on and defend claims in favor of, or against, the ward or the conservator.

(B) To sell and transfer personal property of a perishable nature and personal property for which there is a regularly established market.

(D) To receive additional property from any source.

(E) To continue to hold any investment or other property originally received by the conservator and also an increase therefor, pending the timely filing of the first annual report.

(F) To invest the funds belonging to the ward.

(G) To execute leases.

(H) To make payments to, or for the benefit of, the ward in any of the following ways:

(1) Directly to the ward;

(2) Directly for the maintenance, welfare and education of the ward;

(3) To the legal guardian of the person of the ward; or

(4) To anyone who at the time shall have the custody and care of the person of the ward.

(I) To apply any portion of the income or of the estate of the ward for the support of any person for whose support the ward is legally liable.

(J) To make an election for the ward who is a surviving spouse.

(K) To do any other thing that the conservator determines to be in the best interest of the ward and the ward’s estate, with the exception of those actions contained in 35- 4-7, including the ability to delegate discretionary power to agents, remunerate them, and pay their expenses.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-7 Powers of Conservator Subject to the Approval of the Court.

Upon appointment, a conservator shall have the following powers subject to prior approval of the court after hearing on such notice, if any, as the court may prescribe:

(A) Under order of the court, for good cause shown, after such notice as the court may prescribe, a conservator shall have the power to breach contracts of the ward entered into by the ward prior to the appointment of a conservator, thereby incurring such liability of the ward’s estate for such breach as the ward would have incurred for such breach if the ward had been competent.

(B) Under order of the court, for good cause shown, after such notice as the court may prescribe, a conservator shall have the power to sell, mortgage, exchange, pledge and lease real and personal property belonging to the ward, including the homestead and exempt personal property, when it appears to be to the best interests of the ward, upon such terms and conditions that the court may order and as permitted by law.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-8 Powers of Ward.

(A) A ward for whom a conservator has been appointed shall not have the power to convey, encumber, or dispose of property in any manner, other than by will if the ward possesses the requisite testamentary capacity, unless the court determines that the ward has a limited ability to handle the ward’s own funds. If the court makes such a finding, it shall specify to what extent the ward may possess and use the ward’s own funds.

(B) Any modification of the powers of the ward that would be more restrictive of the ward’s control over the ward’s financial affairs shall be based upon clear and convincing evidence and the burden of persuasion is on the conservator. Any modification that would be less restrictive of the ward’s control over the ward’s financial affairs shall be based upon proof in accordance with the requirements of Section 35-2-23.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-9 Qualification of Conservator – Resident.

Any natural person over the age of eighteen (18) years who is a family member of the ward, or who resides on the Prairie Band Potawatomi Nation reservation, or who is an enrolled member of the Prairie Band Potawatomi Nation, or who is the Director of the Prairie Band Potawatomi Nation Social Services Department or the Director’s designee and who is an employee of the Prairie Band Potawatomi Nation Social Services Department, or any other person as defined in this Title who is qualified to serve as a conservator except the following:

(A) One who is under legal incompetency or is a chronic alcoholic or substance abuser or a spendthrift.

(B) Any other person whom the court determines to be unsuitable.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-10 Qualification of Conservator – Nonresident.

The court may, upon application, appoint the following nonresidents as conservator: A person as defined in this Title who does not reside on the Prairie Band Potawatomi Nation reservation and who is not an enrolled member of the Prairie Band Potawatomi Nation and who is otherwise qualified under the provisions of Section 35-4-9, provided there is a resident conservator appointed to serve with such nonresident conservator; and provided further that the court, for good cause shown, may appoint such nonresident conservator to serve alone without the appointment of a resident conservator.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-11 Bond.

(A) Whenever a conservator is appointed, or upon the court determining that a guardian shall be required to post bond, the court shall determine the amount of bond as set forth in Section 35-4-12 below and the terms and conditions thereof. Upon such determination by the court, the conservator and/or guardian shall file with the clerk a certified copy of the conservator’s official bond with sufficient surety or sureties and it shall be conditioned upon the faithful discharge of all the duties of the conservator and/or guardian according to law, including the duty to account. The bond shall be procured at the expense of the estate if an approved surety bond is furnished. The bond shall be duly authenticated by the clerk and the court or clerk shall also file as a court record a receipt for the property of the ward received by the conservator or guardian, which receipt shall be provided to the clerk by the guardian or conservator. The clerk shall file and record the bond(s) and receipt(s).

(B) If the appointed guardian or conservator is an employee of the Prairie Band Potawatomi Nation’s Social Services Department, and acting in their official capacity, no bond shall be required.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-12 Amount of Bond.

Except as otherwise set forth herein or as may be otherwise ordered by the court for good cause shown, the court or the clerk shall fix the penalty of the bond in an amount equal to 125% of the total value of the ward’s estate. The court shall not exempt a conservator from giving a bond in a conservatorship with total assets of more than Twenty-Five Thousand Dollars ($25,000) except for good cause shown.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-13 Bond – Approval by Clerk.

The bond shall not be deemed sufficient until it has been examined and approved by the clerk who shall endorse such approval thereon. In the event the bond is not approved, the conservator or guardian shall, within such time as the court directs, secure and file a bond with satisfactory surety or sureties.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-14 Review by Clerk When Inventory is Filed.

At the time the inventory of the estate is filed, the clerk shall review the amount of bond, and report to the court as to any apparent insufficiency thereof.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-15 Bond Changed.

The court may at any time require a new bond, or increase or decrease the amount of the penalty of the bond of any conservator or guardian when good cause therefore appears.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-16 Obligees of Bond – Joint and Several Liability.

The bond of the conservator or guardian shall run to the use of all persons interested in the estate and shall be for the security and benefit of such persons. The sureties shall be jointly and severally liable with the conservator or guardian and with each other.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-17 Order for Delivery.

Upon the filing of the bond as provided above, the court being satisfied with the amount thereof, it shall order the personal property of the ward delivered to such conservator or guardian.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-18 Inventory – Reporting Requirements.

(A) A conservator appointed under this chapter has a duty to make a diligent search to determine and discover the debts and property, real and personal, of the ward and the conservator shall file with the court:

(1) An inventory within sixty (60) days of the conservator’s appointment. This inventory shall include all debts and property of the ward that has come into the conservator’s possession or of which the conservator has knowledge. When additional debts and/or property come into the possession of the conservator or to the knowledge of the conservator, a supplemental inventory shall be filed within thirty (30) days.

(2) Written verified reports and accountings as follows:

(a) Annually, within ninety (90) days of the anniversary of the date of appointment of the conservator, unless the court otherwise orders that a report should be filed every six (6) months or at some other interval to be determined by and in the discretion of the court.

(b) Within thirty (30) days following the date of removal of the conservator.

(d) Within sixty (60) days following the date of termination.

(e) At other times as the court may order.

(3) The report and accounting shall account for all of the period since the close of the accounting contained in the most recent previously filed report to the date of the present report and shall include the following information as far as applicable:

(a) The balance of funds on hand at the close of the accounting contained in the most recent previously filed report and all amounts received from whatever source during the present accounting period.

(b) All disbursements made during the present accounting period.

(c) Any changes in investments during the present accounting period, including a list of all assets, and the recommendations of the conservator for the retention or disposition of any property, real or personal, held by the conservator.

(d) A list of all debts and indebtedness as of the date of the present accounting.

(e) The amount of the bond and the name of the surety on it.

(f) The residence address or the physical location of the ward.

(g) The general physical and mental condition of the ward.

(h) Such other information as shall be necessary to show the condition of the affairs of the conservatorship.

(B) Reports of the conservator shall be reviewed and either approved or not approved by the court. If the court does not approve a report of the conservator, the court shall, by order, instruct the conservator as to the deficiencies in the report and set a deadline by which the report must be resubmitted.

(C) No order shall be entered approving an annual report of a conservator until the court costs which have been docketed have been paid or provided for. The court may, upon application, enter an order waiving payment of the court costs in indigent cases. However, if the conservatorship subsequently becomes financially capable of paying any waived costs, the conservator shall immediately pay the costs. Court costs include the following:

(1) Guardian’s fees, if any.

(2) Fees of the attorney for the guardian, if any.

(D) The court shall settle each and every account filed by the conservator by allowing or disallowing it, either in whole or in part, or by surcharging the account against the conservator.

(E) Reports required by this section shall be served on the attorney representing the ward in the conservatorship proceeding and all other parties appearing in the proceeding.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-19 Title to Ward’s Property.

The title to all property of the ward is in the ward and not the conservator, subject however, to the possession of the conservator and to the control of the court for the purposes of administration, sale, or other disposition, under the provision of the law.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-20 Conservator’s Right to Possession.

Every conservator shall have a right to, and shall take, possession of all of the real and personal property of the ward. The conservator shall pay the taxes and collect the income therefore until the conservatorship is terminated. The conservator may maintain an action for the possession of the property, and to determine the title to same.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-21 Presumption of Fraud.

If a conservator is appointed, all contracts, transfers and gifts made by the ward after the filing of the petition shall be presumed to be a fraud against the rights and interest of the ward except as otherwise directed by the court pursuant to Section 35- 4-8.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-22 Claims Against the Ward, the Conservatorship or Conservator in That Capacity.

Claims accruing before or after the appointment of the conservator, and whether arising in contract or tort or otherwise, after being allowed or established as provided in Section 35-4-23, Section 35-4-24, and Section 35-4-25, shall be paid by the conservator from the assets of the conservatorship.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-23 Forms and Verification of Claims – General Requirements.

No claim shall be allowed against the estate of a ward upon application of the claimant unless it shall be in writing, filed in duplicate with the clerk, stating the claimant’s name and address, and describing the nature and the amount thereof, if ascertainable. It shall be accompanied by the affidavit of the claimant, or of someone for the claimant, that the amount is justly due, or if not due, when it will or may become due, that no payments have been made thereon which are not credited, and that there are no offsets to the same, to the knowledge of the affiant, except as therein stated. The duplicate of said claim shall be mailed by the clerk to the conservator or the conservator’s attorney of record; however, valid contract claims arising in the ordinary course of the conduct of business or affairs of the ward by the conservator may be paid by the conservator without requiring affidavit or filing.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-24 Requirements When Claim Founded on Written Instrument.

If a claim is founded upon a written instrument, the original of such instrument, or a copy thereof, with all endorsements, must be attached to the claim. The original instrument must be exhibited to the conservator or to the court, upon demand, unless it has been lost or destroyed, in which case, its loss or destruction must be stated in the claim.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-25 How Claim Entitled.

All claims filed against the estate of the ward shall be entitled in the name of the claimant against the conservator as such, naming the conservator, and in all further proceedings thereon, this title shall be preserved.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-26 Filing of Claim Required.

The filing of a claim in the conservatorship tolls the statute of limitations applicable to such claim.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-27 Compelling Payment of Claims.

No claimant shall be entitled to compel payment until the claimant’s claim has been duly filed and allowed.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-28 Allowance by Conservator.

When a claim has been filed and has been admitted in writing by the conservator, it shall stand allowed, in the absence of fraud or collusion.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-29 Execution and levy prohibited.

No execution shall issue upon, nor shall any levy be made against any property of the estate of a ward under judgement against the ward or conservator, but the provisions of this section shall not be so construed as to prevent the enforcement of a mortgage, pledge, or other lien upon property in an appropriate proceeding.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-30 Claims of Conservators.

If the conservator is a creditor of the ward, the conservator shall file the claim as other creditors, and the court shall appoint some competent person as temporary conservator to represent the ward at the hearing on the conservator’s claim. The same procedure shall be followed in the case of co-conservators where all such conservators are creditors of the ward; but if one of the co-conservators is not a creditor of the ward, such disinterested conservator shall represent the ward at the hearing on any claim against the ward by a co-conservator.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-31 Claims Not Filed.

The conservator may pay any valid claim against the estate of the ward even though such claim has not been filed, but all such payments made by the conservator shall be at the conservator’s own peril.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-32 Waiver of Statute of Limitations by Conservator.

It shall be within the discretion of the conservator to determine whether or not the applicable statute of limitation shall be invoked to bar a claim which the conservator believes to be just, and the conservator’s decision as to the involving of such statute shall be final.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-33 Liens Not Affected by Failure to File Claim.

Nothing in Section 35-4-23 and Section 35-4-26 shall affect or prevent an action or proceeding to enforce any mortgage, pledge, or other lien upon the property of the ward.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-34 Separate Actions and Claims.

(A) Any action pending against the ward at the time the conservator is appointed shall be considered a claim filed in the conservatorship if notice is served on the conservator as defendant, and a duplicate of the proof of service of notice of such proceeding is filed in the conservatorship proceeding.

(B) A separate action based on a debt or other liability of the ward may be commenced against the conservator as such in lieu of filing a claim in the conservatorship. Such an action shall be commenced by serving an original notice on the conservator and filing proof of service of notice of such proceeding in the conservatorship proceeding. Such an action shall also be considered a claim filed in the conservatorship. Such action may be commenced only if jurisdiction and venue vested in the Prairie Band Potawatomi Nation would have been proper if there were no conservatorship and the action had been commenced against the ward.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-35 Denial and Contest of Claims.

The provisions of Section 35-4-36 through Section 35-4-41 shall be applicable to the denial and contest of claims against conservatorship but shall not be applicable to actions continued or commenced under Section 35-4-33.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-36 Disallowance of Claim by Conservator.

At any time after the filing of a claim against an estate, the conservator may give the claimant and the claimant’s attorney of record, if any, written notice of disallowance of claim. The notice shall be given by certified mail addressed to the claimant at the address stated in the claim and to the claimant’s attorney of record, if any.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-37 Notice of disallowance and Request for Hearing.

A notice to a claimant of disallowance of claim shall advise the claimant that the claim has been disallowed and will be forever barred unless the claimant shall within twenty (20) days after the date of mailing the notice, file a request for hearing on the claim with the clerk, and mail a copy of such required for hearing to the conservator and the conservator’s attorney of record, if any, by certified mail.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-38 Proof of Service.

Proof of service of the notice of disallowance shall be made by affidavit, shall show the date and place of mailing, and shall be filed with the clerk.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-39 Claims Barred After Twenty (20) Days.

Unless the claimant shall within twenty (20) days after the date of mailing the notice of disallowance, file a request for hearing with the clerk and mail a copy of the request for hearing to the conservator and to the conservator’s attorney of record, if any, the claim shall be deemed disallowed, and shall be forever barred.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-40 Request for Hearing by Claimant.

At the time of the filing of a claim against an estate, or at any time thereafter prior to the time that the claim may be barred by the provisions of Section 35-4-39, or the approval of the final report of the conservator after notice to the claimant, the claimant may file a request for hearing with the clerk, and mail a copy of the request for hearing to the conservator and the conservator’s attorney of record, if any.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-41 Applicability of Rules of Civil Procedure to Hearing on Claim.

Within twenty (20) days from the filing of a request for hearing on a claim, the conservator shall move or plead to said claim and file any counterclaim against the claimant for an offset against the claim or other counterclaim in the same manner as though the claim were a petition filed in an ordinary action, and thereafter, all provisions of the law and rules of civil procedure shall apply.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-42 Payment of Claims in Insolvent Conservatorships.

When it appears that the assets in a conservatorship are insufficient to pay in full all the claims against such conservatorship, the conservator shall report such matter to the court, and the court shall, upon hearing, with notice to all persons who have filed claims in the conservatorship, make an order for the pro rata payment of claims giving claimants the same priority, if any, as they would have if the ward were not under conservatorship.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-43 Conservator May Make Gifts.

For good cause shown and under order of the court, a conservator may make gifts on behalf of the ward out of the assets under a conservatorship to persons or religious, education, scientific, charitable, or other nonprofit organizations to whom or to which such gifts were regularly made prior to the commencement of the conservatorship, or on a showing to the court that such gifts would benefit the ward or the ward’s estate from the standpoint of income, gift, estate or inheritance taxes. The making of gifts out of the assets must not foreseeably impair the ability to provide adequately for the best interests of the ward.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-44 Assets Exhausted.

At any time that the assets of the ward’s estate do not exceed the amount of the charges and claims against it, the court may direct the conservator to proceed to terminate the conservatorship.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-45 Accounting to Ward Upon Termination – Notice.

Upon the termination of a conservatorship, the conservator shall pay the costs of administration and shall render a full and complete accounting to the ward and the ward’s attorney, if any, or on the ward’s guardian and attorney for the guardian, if any, and to the court. Notice of the final report shall be served on the ward and the ward’s attorney, if any, or the ward’s guardian and attorney for guardian, if any, in accordance with Section 35-2-9 unless notice is waived. An order prescribing notice may be made before or after the filing of the final report.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-46 Delivery of Assets.

Upon the termination of a conservatorship, all assets of the conservatorship shall be delivered under the direction of the court to the person, or persons entitled to them.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-47 Discharge of Conservator and Release of Bond.

Upon settlement of the final accounting of a conservator, and upon determining that the property of the ward has been delivered to the person or persons lawfully entitled thereto, the court shall discharge the conservator and exonerate the surety on the conservator’s bond.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-48 Removal of Conservator.

When any conservator is, or becomes, disqualified under Section 35-4-9 and/or Section 35-4-10, or has mismanaged the estate, dies, fails or failed to perform any duty imposed by law, or by any lawful order of the court, then the court may remove the conservator. The court may upon its own motion and shall upon the filing of a verified petition by any person interested in the estate, including a surety on the conservator’s bond, order the conservator to appear and show cause why the conservator should not be removed. Any such petition shall specify the grounds of complaint. The removal of a conservator after letters are duly issued to the conservator shall not invalidate the conservator’s official acts performed prior to removal.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-49 Appointment of Successor Conservator.

When any conservator fails to qualify, dies, is removed by the court, or resigns, and such resignation is accepted by the court, the court may, and if the conservator were the sole or last surviving conservator, and the conservatorship is not terminated, the court shall appoint another conservator in the former’s place.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-50 Powers of Successor Conservator.

When a successor conservator is appointed, the successor shall have all the rights, powers, titles and duties of the predecessor, except that the successor shall not exercise powers given by the court order that by its express terms are personal to the conservator therein designated.

(Enacted by PBP TC No. 2025-193, June 5, 2025)

35-4-51 Property Delivered – Penalty.

Upon the removal of any conservator, the conservator shall be required by order of the court to deliver to the person who may be entitled thereto all the property in the conservator’s possession or under the conservator’s control belonging to the estate of the ward and if the conservator fails or refuses to comply with any proper order of the court, the conservator may be sanctioned, fined, or committed to jail until the conservator does.

(Enacted by PBP TC No. 2025-193, June 5, 2025)