Relationship Between Adult and Minor Guardianship Statutes

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1 RELATIONSHIP DEFINITION STATES TOTAL Integrated Statutory provisions regarding authority over personal AR, DE, FL, IN, IA, KS, KY, MO, NV, NC, OH, OR, 17 matters are applicable to both adults and minors SD, TX, WA, WI, WY Statutory provisions regarding authority over financial matters are applicable to both adults and minors UGPPA, AL, AK, AR, AZ, CO, DE, FL, HI, ID, IN, IA, KS, KY, ME, MD, MA, MI, MN, MO, MT, NE, NV, NM, NC, ND, OH, OR, SD, SC, TX, UT, WA, 33 Associated Separated Statutory provisions regarding authority over personal matters are under the same general statutory heading for adults and for minors Statutory provisions regarding authority over financial matters are under the same general statutory heading for adults and for minors Statutory provisions regarding authority over personal matters for adults and for minors are in separate code provisions Statutory provisions regarding authority over financial matters for adults and for minors are in separate code provisions WY UGPPA, AL, AK, AZ, CA, CO, CT, DC, GA, HI, ID, IL, LA, ME, MD, MA, MI, MN, MS, MT, NE, NH, NJ, NM, NC, ND, OK, PA, RI, SC, SD, TN, UT, VT, VA CA, CT, DC, GA, IL, LA, NH, NJ, OK, PA, RI, TN, VA, VT, WI NY, WV 2 AR, MS, NY, WV UGPPA Article 2. of Minor Article 3. of Incapacitated Person Article 4. Protection of Property of Protected Person 301 to 318; 401 to to 210; 401 to 434. AL Title 26. Infants and Incompetents Chapter 2A. Alabama Uniform and Protective Proceedings Act Article 2. Protection of Under Disability and Their Property Division 1. Guardians of Minors Division 2. Guardians of Incapacitated Division 3. Protection of Property of Under Disability and Minors Ala. Code 26-2a-100 to -111; 26-2a-130 to Ala. Code 26-2A-70 to -81; 26-2A-130 to Page 1 ABA Commission on Law and Aging

2 AK Title 13. Decedents' Estates, s, Transfers, Trusts, and Health Care Decisions Chapter 26. Protection of Under Disability and Their Property; Powers of Attorney Article 2. Guardians of Minors Article 3. Guardians of Incapacitated Article 4. Protection of Property of Under Disability and Minors Alaska Stat. Ann to.155; to.324. Alaska Stat. Ann to.85; to.324. AR AZ CA Title 28. Wills, Estates, and Fiduciary Relationships Subtitle 5. Fiduciary Relationships Chapter 65. Guardians Generally Chapter 67. Conservators for the Aged and Disabled Title 14. Trusts, Estates and Protective Proceedings Chapter 5. Protection of Under Disability and Their Property Article 2. Guardians of Minors Article 3. Guardians of Incapacitated Article 4. Protection of Property of Under Disability and Minors Probate Code Division 4., Conservatorship, and Other Protective Proceedings Part 2. Part 3. Conservatorship Part 4. Provisions Common to and Conservatorship Chapter 1. General Provisions Chapter 3. Temporary Guardians and Conservators Ark. Code. Ann to -707; to Ariz. Rev. Stat to ; to Cal. Prob. Code ; 2250 to Ark. Code Ann to See (1). Ariz. Rev. Stat to 5212; to Cal. Prob. Code ; 2105; 2250 to 2252, 2255 to of the person are integrated of the estate are integrated Conservatorship for the aged and the disabled are separated (minors) are associated with conservatorship (adults) Standby guardianship for minors are integrated with conservatorship Temporary guardianship for minors are integrated with conservatorship Page 2 ABA Commission on Law and Aging

3 CO Title 15. Probate, Trusts, and Fiduciaries Article 14. Under Disability Protection Part 2. of Minor Part 3. of Incapacitated Person Protected Person Colo. Rev. Stat. Ann to 318; to 433. Colo. Rev. Stat. Ann to 210; to 433. CT DE Title 45a. Probate Courts and Procedure Chapter 802H. Protected and Their Property Part II. Guardians of the Person of a Minor Part III. Guardians of the Estate of a Minor Part IV. Conservators Title 12. Decedents' Estates and Fiduciary Relations Part V. Fiduciary Relations Chapter 39. Subchapter I. Appointment, Bond and Tenure of Guardian Subchapter II. Powers and Duties of Guardian Conn. Gen. Stat. Ann. 45a-644 to 663. Del. Code Ann. tit. 12, 3901 to Conn. Gen. Stat. Ann. 45a-603 to Del. Code Ann. tit. 12, 3901 to 3993; Del. Code Ann. tit. 13, 2631 to 2372; (minors) are associated with conservatorship (adults) Standby and temporary guardianship for minors have been separated from the probate Title 13. Domestic Relations Chapter 23. of a child Subchapter VI. Standby Subchapter V. Permanent s for Children Page 3 ABA Commission on Law and Aging

4 DC Division III. Decedents' Estates and D.C. Code D.C. Code to - Fiduciary Relations to ; to Standby guardianship for minors Title 21. Fiduciary Relations and have been separated from the probate with Mental Illness Chapter 20., Protective Proceedings, and Durable Power of Attorney Subchapter I. Appointment of Guardian; Bond Subchapter II. Property of Infants Subchapter V. Guardians of Incapacitated Individuals Subchapter VI. Protection of Property of Incapacitated, Disappeared or Detained Individuals FL GA Division II. Judiciary and Judicial Procedure Title 16. Particular Actions, Proceedings and Matters. Chapter 48. Standby Title XLIII. Domestic Relations Chapter 744. Part IV. Guardians Part I. General Provisions Part III. Types of Part IV. Guardians Part V. Adjudication of Incapacity and Appointment of Guardians Part VI. Powers and Duties Part VII. Termination Title 29. Guardian and Ward Chapter 2. Guardians of Minors Chapter 3. Conservators of Minors Chapter 4. Guardians of Adults Chapter 5. Conservators of Adults Fla. Stat. Ann to.1095; to 534 (amended by 2015 Fla. Sess. Law Serv. Ch ). Ga. Code Ann to Fla. Stat. Ann to.1095; to 534 (amended by 2015 Fla. Sess. Law Serv. Ch ). Ga. Code Ann to Conservatorship are associated Page 4 ABA Commission on Law and Aging

5 HI Title 30a. Uniform Probate Code Chapter 560. Uniform Probate Code Article V. and Protective Proceedings Part 2. of Minor Part 3. of Incapacitated Protected Person Haw. Rev. Stat. 560:5-301 to -318; 560:5-401 to Haw. Rev. Stat. 560:5-201 to -210; 560:5-401 to ID IL IN Title 15. Uniform Probate Code Chapter 5. Protection of Under Disability and Their Property Part 2. Guardians of Minors Under Disability and Minors Chapter 755. Estates Act 5. Probate Act of 1975 Article XI. Minors Article XIA. Guardians for Disabled Adults Title 29. Probate Article 3. s and Protective Proceedings Chapter 1. Definitions Chapter 3, Proceedings in Lieu of Chapter 5. Proceedings for Appointment of Guardian or to Procure a Protective Order Chapter 7. Qualification and Bonding Requirements for Guardians Chapter 8. Responsibilities and Powers of Guardian Chapter 12. Termination of s and Protective Orders Idaho Code Ann to 318; to Ill. Comp. Stat. Ann. 5/11a-1 to -24. Ind. Code Ann to -15; to - 6; to -7; to -9; to Idaho Code Ann to -213; to Ill. Comp. Stat. Ann. 5/11-1 to -18. Ind. Code Ann to -15; ; ; to -6; to -7; to - 9; to -12. Page 5 ABA Commission on Law and Aging

6 IA Title XV. Judicial Branch and Judicial Iowa Code Ann. Iowa Code Ann. Procedure to to.628. Subtitle 4. Probate Fiduciaries Chapter 633. Probate Code Division XIII. Opening s and Conservatorships Part 1. Opening s Part 2. Opening Conservatorships KS Chapter 59. Probate Code Kan. Stat. Ann. 59- Kan. Stat. Ann. 59- Article 30. Guardians or Conservators 3050 to to KY LA Title XXXIII. Administration of Trusts and Estates of Under Disability Chapter 387. Guardians; Conservators; Curators of Convicts Louisiana Civil Code Book I. Of Title VIII. Of Minors, of Their Tutorship and Emancipation Title IX. Unable to Care for their or Property Louisiana Code of Civil Procedure Book VII. Special Proceedings Title VI. Tutorship Title VIII. Interdiction and Curatorship of Interdict Title 46. Public Welfare and Assistance Chapter 28. Protection from Family Violence Act Part II. Domestic Abuse Assistance Ky. Rev. Stat. Ann to.800. La. Civ. Code, art. 389 to 399; La. Code Civ. Proc. Ann. art to Ky. Rev. Stat. Ann to.800. La. Civ. Code. art. 246 to 688; La. Code Civ. Proc. Ann. art to 4464; La. Rev. Stat. Ann. 46:2136. Tutorship of minors and interdiction of adults are associated Temporary custody have been separated from the probate Page 6 ABA Commission on Law and Aging

7 ME Title 18-a. Probate Code Article V. Protection of Under Disability and Their Property Part 2. Guardians of Minors Under Disability and Minors Idaho Code Ann. 18-A to 313; to 432. Idaho Code Ann. 18-A to 213; to 432. MD MA Estates and Trusts Title 13. Protection of Minors and Disabled Subtitle 2 Protection of Property Subtitle 7 Guardian of the Person Part I. Minors Part II. Disabled Subtitle 9. Standby Guardian Title II. Descent and Distribution, Wills, Estates of Deceased and Absentees,, Conservatorship and Trusts Chapter 190B. Massachusetts Uniform Probate Code Article V. Protection of Under Disability and Their Property Part 2. Guardians of Minors Part 4. Management of Property of Under Disability and Minors Md. Code Ann., Est. & Trusts to - 710; to Mass. Gen. Laws Ann. ch. 190B, to - 313; to Md. Code Ann., Est. & Trusts to -703; to -222; to Mass. Gen. Laws Ann. ch. 190B, to - 212; to of the person are associated of the property are integrated Page 7 ABA Commission on Law and Aging

8 MI Chapter 700. Estates and Protected Mich. Comp. Laws Mich. Comp. Laws Ann. Individuals Code Ann to to.5219; Article V. Protection of an Individual.5319; to to.5433; Standby guardianship for minors Under Disability and His or Her have been separated Property Part 2. Guardians of Minors Individuals an Individual Under Disability or of a Minor MN Chapter 330. Mental Health Code Mental Health Code Chapter 6. for the Developmentally Disabled Chapter 524. Uniform Probate Code Article 5. Protection of Under Disability and Their Property Part 2. Guardian of Minor Part 3. Guardian of Incapacitated Person Protected Person Minn. Stat. Ann to -317; to Minn. Stat. Ann to -211; to -433; 257B.01 to.10. Standby guardianship for minors have been separated MS MO Public Welfare and Related Activities Chapter 257B. Standby Custodian; Designation; Guardian Title 93. Domestic Relations Chapter 13. Guardians and Conservators Title XXXI. Trusts and Estates of Decedents and Under Disability Chapter 475. Probate Code Miss. Code. Ann to 281. Mo. Ann. Stat to.340. Miss. Code. Ann to -79. Mo. Ann. Stat to.340. Conservatorship (estates of adults) have been separated Page 8 ABA Commission on Law and Aging

9 MT Title 72. Estates, Trusts, and Fiduciary Relationships Chapter 5. UPC-- Under Disability and Conservatorship Part 2. Guardians of Minors Minors and Under Disability Mont. Code Ann to 325; to Mont. Code Ann to -234; to NE NV Chapter 30. Decedents' Estates; Protection of and Property Article 26. Protection of Under Disability and Their Property Part 2. Guardians of Minors Under Disability and Minors Title 13. s; Conservatorships; Trusts Chapter 159. s Neb. Rev. Stat to -2629; to Nev. Rev. Stat. Ann to Neb. Rev. Stat to 2616; to Nev. Rev. Stat. Ann to NH Title XLIV. Guardians and Conservators Chapter 463. of Minors and Estates of Minors Chapter 464 a. Guardians and Conservators N.H. Rev. Stat. Ann. 464-A:1 to :47. N.H. Rev. Stat. Ann. 463:1 to 32; 464-A:12. Conservatorship/guardianship of the estate are associated Temporary guardianship are integrated Page 9 ABA Commission on Law and Aging

10 NJ Title 3b. Administration of Estates N.J. Stat. Ann. N.J. Stat. Ann. 3B:12- Decedents and Others Chapter 12. Minors and Incapacitated Article 3. Appointment of Guardians for Minors Article 4. Incapacitated Article 5. Powers of Court and Guardians Generally Guardians of Minors Guardians of Wards Article 7. Standby Act 3B:12-24 to 35; 3B:12-36 to 50; 3B:12-56 to to -23; 3B:12-36 to 50; 3B:12-51 to 55; 3B:12-67 to -78. NM NY Chapter 45. Uniform Probate Code Article 5. Protection of Under Disability and Their Property Part 2. Guardian of Minors Under Disability and Minors Mental Hygiene Law Chapter 27 of the Consolidated Laws Title E. General Provisions Article 81. Proceedings for Appointment of a Guardian for Personal Needs or Property Management Surrogate's Court Procedure Act Chapter 59 a of the Consolidated Laws Article 17 Guardians and Custodian N.M. Stat. Ann to -315; to N.Y. Mental Hyg. Law to N.M. Stat. Ann to -212; to N.Y. Surr. Ct. Proc. Act Law 1701 to 1717; 1725 to of person and property are separated Page 10 ABA Commission on Law and Aging

11 NC Chapter 35A. Incompetency and Subchapter II. Guardian and Ward Article 5. Appointment of Guardian for Incompetent Person Article 6. Appointment of Guardian for a Minor Article 8. Powers and Duties of Guardian of the Person Article 9. Powers and Duties of Guardian of the Estate Article 13. Removal or Resignation of Guardian; Successor Guardian; Estates Without Guardians; Termination of Subchapter IV. Standby Guardians for Minor Children Article 21. Standby N.C. Gen. Stat. Ann. 35A-1210 to -1219; 35A-1240 to 1259; 35A-1280 to N.C. Gen. Stat. Ann. 35A-1220 to -1229; 35A to 1259; 35A-1280 to 1300; 35A-1370 to ND OH OK Title Uniform Probate Code Article V Protection of Under Disability and Their Property Chapter Guardians of Minors Chapter Guardians of Incapacitated Chapter Protection of Property of Under Disability and Minors Title XXI. Courts Probate Juvenile Chapter Guardians; Conservatorships Title 30. Guardian and Ward Oklahoma and Conservatorship Act Article II. Minors Article III. Adults N.D. Cent. Code Ann to -15; to -31. Ohio Rev. Code Ann to.51. Okla. Stat. Ann. tit. 30, to N.D. Cent. Code Ann to -12; to -31. Ohio Rev. Code Ann to.51. Okla. Stat. Ann. tit. 30, to Appointment of a guardian are associated All other guardianship are integrated Standby guardianship for minors are associated of the person are associated of the estate/conservatorship are associated Page 11 ABA Commission on Law and Aging

12 OR Title 13. Protective Proceedings; Powers of Attorney; Trusts Chapter 125. Protective Proceedings Guardians Conservators Temporary Fiduciaries Or. Rev. Stat. Ann to.333; to 540; to.610. Or. Rev. Stat. Ann to.333; to 540; to.610. PA Title 20. Decedents, Estates and Fiduciaries Chapter 51. Minors Chapter 55. Incapacitated 20 Pa. Cons. Stat. Ann to Pa. Cons. Stat. Ann to Pa. Cons. Stat. Ann to Standby guardianship for minors have been separated from the probate RI SC Title 23. Domestic Relations Part VI. Children and Minors Chapter 56. Standby Act Title 33. Probate Practice and Procedure Chapter 15. Limited and of Adults Chapter of Minors Title 21. Estates, Trusts, Guardians and Fiduciaries Chapter 21. Natural and Parentally Appointed Guardians Title 62. South Carolina Probate Code Article 5. Protection of Under Disability and Their Property Under Disability and Minors R.I. Gen. Laws Ann to -47. S.C. Code Ann to -313; to R.I. Gen. Laws Ann to -40. S.C. Code Ann to -55. are separated Page 12 ABA Commission on Law and Aging

13 SD Title 29a. Uniform Probate Code Chapter 29A-5. South Dakota and Conservatorship Act Part 2. Procedures for Appointment of Guardians and Conservators for Minors Part 3. Procedures for Appointment of Guardians and Conservators for Protected Part 4. Administration of s and Conservatorships Part 5. Termination, Revocation and Modification of Appointments S.D. Codified Laws 29A to -315; 29A to S.D. Codified Laws 29A to -210; 29A to TN TX Title 34. Chapter 1. s and Conservatorships Generally Chapter 2. Generally Chapter 3. Conservatorship Generally Texas Statutes & Court Rules Estates Code Title 3. and Related Procedures Subtitle D. Creation of Subtitle E. Administration of Subtitle F. Evaluation, Modification, or Termination of Subtitle G. Special Types of s Chapter Temporary s Tenn. Code Ann to -133; to 109. Tex. Estates Code to ; to Tenn. Code Ann to -133; to 106. Tex. Estates Code to ; to Appointment are associated Administration, termination, and modification are integrated General provisions are integrated (minor) are associated Conservatorship (adult) are associated Page 13 ABA Commission on Law and Aging

14 UT Title 75. Utah Uniform Probate Code Chapter 5. Protection of Under Disability and Their Property Part 2. Guardians of Minors Under Disability and Minors Utah Code Ann to -316; to Utah Code Ann to -212; to VT VA Title Fourteen. Decedents' Estates and Fiduciary Relations Part 4. Fiduciary Relations Chapter 111. Subchapter 2. for Whom Guardians Appointed Article 1. Guardians of Minors Article 1a. Financial Guardians of Minors Subchapter 9. Termination of Subchapter 12. in Need of Title Wills, Trusts, and Fiduciaries Subtitle IV. Fiduciaries and Guardians Part C. of Minor Chapter 17. Appointment of Guardian Chapter 18. Custody and Care of Ward and Estate Part D. of Incapacitated Chapter 20. and Conservatorship Title Courts Not of Record Chapter 11. Juvenile and Domestic Relations District Courts Article 17. Standby Vt. Stat. Ann. tit. 14, 3060 to Va. Code. Ann to Vt. Stat. Ann. tit. 14, 2621 to 2659; 3001 to Va. Code. Ann to 1806; to of the person are associated of the estate/conservatorship are associated Standby guardianship for minors have been separated from the probate Page 14 ABA Commission on Law and Aging

15 WA Title 11. Probate and Trust Law Wash. Rev. Code Ann. Wash. Rev. Code Ann. Chapter Appointment, Qualification, Removal of Guardians to.090; to.090; WV WI WY Chapter 44. Administration of Estates and Trusts Article 10. Guardians and Wards Generally Chapter 44A. West Virginia and Conservatorship Act Article 1. Definitions and General Provisions Article 2. Procedure for Appointment Article 3. and Conservatorship Administration Article 4. Termination, Revocation and Modification of Appointments Article 5. Standby Social Services Chapter 54. s and Conservatorships Chapter 48. Children's Code Subchapter XIX. Adoption of Minors; Title 3. Guardian and Ward Chapter 2. s Article 1. Appointment of Guardian Article 2. Powers of Guardians Chapter 3. Conservatorships Article 1. Opening Conservatorships Article 5. Conservators of Estates of Minors and Incompetents Admitted to State Institutions Article 6. Duties and Powers of Conservator Article 11. Termination of s and Conservatorships W. Va. Code Ann. 44A-1-1 to 44A-5-9. Wis. Stat. Ann to.76. Wyo. Stat. Ann to W. Va. Code Ann to -16; 44A-5-1 to - 9. Wis. Stat. Ann to.75; Wyo. Stat. Ann to are separated Standby guardianship for minors are associated with the adult guardianship Adult conservatorship statute is associated Standby guardianship for minors are associated with all other guardianship Page 15 ABA Commission on Law and Aging

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