Virgin Islands Objection to Appointment of Petitioner as Conservator of the Estate of an Adult

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Multi-State
Control #:
US-01174BG
Format:
Word; 
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Description

A conservatorship is created by the appointment of a conservator, also sometimes called a guardian. A conservator is a person appointed by a court to manage the property, daily affairs, and financial affairs of another person (sometimes called the ward), who is unable by reason of a physical or mental infirmity or age to handle his/her affairs. For example, an adult daughter may be appointed as the conservator for her father who is suffering from advanced Alzheimer's disease. An open hearing is held before the appointment is made.


This form is an example of an objection to the appointment of a particular person as conservator. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.


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  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult
  • Preview Objection to Appointment of Petitioner as Conservator of the Estate of an Adult

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FAQ

Section 62-5-433 provides the basic statutory definitions and procedures for the settlement of claims in favor of or against minors or incapacitated persons. Other provisions of Title 62, Article 5, Part 4 (Protection of Property of Persons Under Disability and Minors) may also apply in these proceedings.

Appointment of guardian ad litem. A. On the filing of every petition for guardianship or conservatorship, the court shall appoint a guardian ad litem to represent the interests of the respondent.

Who may file petition; contents. A. Any person, including a community services board and any other local or state governmental agency, may file a petition for the appointment of a guardian, a conservator, or both.

The court shall determine the amounts, recipients, and proportions of any gifts of the estate, the advisability of any disclaimer, whether good cause exists to create a trust or transfer assets, and whether to approve the trust terms after considering (i) the size and composition of the estate; (ii) the nature and ...

"Incapacitated person" means an adult who has been found by a court to be incapable of receiving and evaluating information effectively or responding to people, events, or environments to such an extent that the individual lacks the capacity to (i) meet the essential requirements for his health, care, safety, or ...

Code Ann § 62-5-410. A summons and a petition (Form 540PC) must be completed and filed with the court to begin the process of appointing a Conservator for a minor. An initial filing fee of $150.00 must also be paid.

Code § 64.2-2000 et seq., which includes the following: Petition: Any person may file a petition with a Virginia Circuit court stating that a Virginia resident needs a guardian or conservator to manage some or all his/her affairs. This person is called the petitioner.

Subject to any conditions or limitations set forth in the order appointing the fiduciary, the fiduciary shall prosecute or defend all actions or suits to which the incapacitated person is a party at the time of qualification of the fiduciary and all such actions or suits subsequently instituted after 10 days' notice of ...

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Virgin Islands Objection to Appointment of Petitioner as Conservator of the Estate of an Adult