14-5106
|
14-5106. Disclosure requirements for proposed guardians and conservators; restrictions by local rules A. Before being appointed as a temporary or permanent guardian or conservator every proposed appointee, except entities referred to in section 14-5411, subsection B, shall provide to the court, under oath, the following information: 1. Whether or not the proposed appointee has been convicted of a felony in any jurisdiction and, if so, the nature of the offense, the name and address of the sentencing court, the case number, the date of conviction, the terms of the sentence, the name and telephone number of any current probation or parole officer and the reasons why the conviction should not disqualify the proposed appointee. 2. Whether or not the proposed appointee has acted as guardian or conservator for another person within three years of the petition and, if so, the number of individuals for whom the proposed appointee is currently serving and the number of individuals for whom the proposed appointee's appointment has been terminated within the three-year period. 3. Whether or not the proposed appointee has a working knowledge of the powers and duties imposed on a guardian or a conservator. 4. Whether or not the proposed appointee has acted within three years of the petition in a fiduciary capacity pursuant to a power of attorney and, if so, the number of persons for whom the appointee has so acted. If the proposed appointee has ever acted in such capacity for the proposed ward or protected person, the proposed appointee shall specify the date of execution of such power of attorney, the place where the power of attorney was executed, the actions taken by the proposed appointee pursuant to such power of attorney and whether or not such power of attorney is currently in effect. 5. Whether or not, to the best of the proposed appointee's knowledge, the proposed appointee or any enterprise in which the proposed appointee has an interest is listed in the registry pursuant to section 46-457. 6. Whether or not, within three years of the petition, the proposed appointee has failed to file any report of guardian or conservatorship accounting for three months following receipt of notice of delinquency. 7. Whether or not the proposed appointee has ever been removed as a guardian or conservator and, if so, for whom and under what circumstances. 8. The nature of the proposed appointee's relationship to the proposed ward or protected person, and how the proposed appointee met the proposed ward or protected person. 9. Whether or not the proposed appointee or any enterprise in which the proposed appointee has an interest ever received anything of value, exceeding a total of one hundred dollars in any one year, by gift, devise or bequest from an individual or the estate of an individual to whom the proposed appointee was not related by blood or marriage and for whom the proposed appointee has at any time served as guardian, conservator, trustee or agent, and, if so, the number of such occasions. 10. Whether or not, to the best of the proposed appointee's knowledge, the proposed appointee or any enterprise in which the proposed appointee has an interest is named as a personal representative, trustee, devisee or other type of beneficiary of any individual to whom the proposed appointee is not related by blood or marriage and for whom the proposed appointee has at any time served as guardian, conservator, trustee or agent and, if so, the number of such occasions. 11. Whether or not the proposed appointee has an interest in any enterprise providing housing, health care or comfort care services to any individual, and, if so, the name and address of each such enterprise and the extent of each such interest. B. The appointing court may impose restrictions or conditions on the appointment of a guardian or conservator, or of a category of guardian or conservator, that it finds necessary to provide for the appropriate care and supervision of its wards or protected persons. C. The court may, in its discretion, require proposed appointees to disclose to the court, the investigator and the court-appointed attorney further details concerning the information referred to in subsection A of this section, including, but not limited to, with respect to other occasions in which the proposed appointee has acted as a guardian or conservator, the following information: 1. The identities of the persons for whom the appointee has served as a guardian or conservator. 2. The identity of the court making each appointment and the court case number. 3. The dates of service. D. The court may, in its discretion, upon a showing of good cause place limitations upon access by the public to any or all of the information disclosed pursuant to this section. |