75-5-431 - Payment of debt and delivery of property to foreign conservator without local proceedings.
75-5-431. Payment of debt and delivery of property to foreign conservator withoutlocal proceedings.
(1) Any person indebted to a protected person, or having possession of property or of aninstrument evidencing a debt, stock, or chose in action belonging to a protected person, may payor deliver to a conservator, guardian of the estate, or other like fiduciary appointed by a court ofthe state of residence of the protected person, upon being presented with proof of his appointmentand an affidavit made by him or on his behalf stating:
(a) That no protective proceeding relating to the protected person is pending in this state;and
(b) That the foreign conservator is entitled to payment or to receive delivery.
(2) If the person to whom the affidavit is presented is not aware of any protectiveproceeding pending in this state, payment or delivery in response to the demand and affidavitdischarges the debtor or possessor.
Enacted by Chapter 150, 1975 General Session