75-5-409. Protective arrangements and single transactions authorized.
(1) If it is established in a proper proceeding that a basis exists as described in Section
75-5-401 for affecting the property and affairs of a person, the court, without appointing a
conservator, may authorize, direct, or ratify any transaction necessary or desirable to achieve any
security, service, or care arrangement meeting the foreseeable needs of the protected person.
Protective arrangements include, but are not limited to, payment, delivery, deposit, or retention of
funds or property, sale, mortgage, lease, or other transfer of property, entry into an annuity
contract, a contract for life care, a deposit contract, a contract for training and education, or
addition to or establishment of a suitable trust.
(2) When it has been established in a proper proceeding that a basis exists as described in
Section 75-5-401 for affecting the property and affairs of a person, the court, without appointing a
conservator, may authorize, direct, or ratify any contract, trust, or other transaction relating to the
protected person's financial affairs or involving his estate if the court determines that the
transaction is in the best interests of the protected person.
(3) Before approving a protective arrangement or other transaction under this section, the
court shall consider the interests of creditors and dependents of the protected person and, in view
of his disability, whether the protected person needs the continuing protection of a conservator.
The court may appoint a special conservator to assist in the accomplishment of any protective
arrangement or other transaction authorized under this section who shall have the authority
conferred by the order and serve until discharged by order after report to the court of all matters
done pursuant to the order of appointment.
Amended by Chapter 194, 1977 General Session
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Last revised: Wednesday, July 23, 2008