(a) The appointment of a conservator vests in the conservator title as trustee to all property of the protected individual presently held or after acquired, or to the part of the property specified in the order, including title to any property held for the protected individual by custodians or attorneys-in-fact. An order specifying that only a part of the property of the protected individual vests in the conservator creates a limited conservatorship.
(b) Except as otherwise provided in this chapter, the interest of the protected individual in property vested in a conservator by this section is not transferable or assignable by the protected individual. An attempted transfer or assignment by the protected individual, though ineffective to affect property rights, may generate a claim for restitution or damages.
(c) Neither property vested in a conservator by this section nor the interest of the protected person in that property is subject to levy, garnishment, or similar process, except as provided in an order issued in a protective proceeding.
(d) A claimant whose claim has not been paid may petition the court for a determination of the claim at any time before the claim is barred by the applicable statute of limitations and, upon due proof, may procure an order for the claim’s allowance, payment, or security from the estate. If a proceeding is pending against a protected person at the time of the appointment of a conservator or is initiated against the protected person after the appointment, the moving party shall give notice to the conservator whenever the proceeding may result in a claim against the estate.
(Feb. 28, 1987, D.C. Law 6-204, § 2(a), 34 DCR 632.)
1981 Ed., § 21-2066.
This section is referenced in § 21-2011 and § 21-2072.
Uniform Law: This section is based upon § 2-319 of the Uniform Guardianship and Protective Proceedings Act (1982 Act).
Copyright ©2024 LegalFix. All rights reserved. LegalFix is not a law firm, is not licensed to practice law, and does not provide legal advice, services, or representation. The information on this website is an overview of the legal plans you can purchase—or that may be provided by your employer as an employee benefit or by your credit union or other membership group as a membership benefit.
LegalFix provides its members with easy access to affordable legal services through a network of independent law firms. LegalFix, its corporate entity, and its officers, directors, employees, agents, and contractors do not provide legal advice, services, or representation—directly or indirectly.
The articles and information on the site are not legal advice and should not be relied upon—they are for information purposes only. You should become a LegalFix member to get legal services from one of our network law firms.
You should not disclose confidential or potentially incriminating information to LegalFix—you should only communicate such information to your network law firm.
The benefits and legal services described in the LegalFix legal plans are not always available in all states or with all plans. See the legal plan Benefit Overview and the more comprehensive legal plan contract during checkout for coverage details in your state.
Use of this website, the purchase of legal plans, and access to the LegalFix networks of law firms are subject to the LegalFix Terms of Service and Privacy Policy.