What is required on the Judgment and cover sheet of a limited conservetorship file?
Full Question:
What is required on the Judgment and cover sheet of a limited conservetorship file?
04/08/2009 |
Category: Civil Actions |
State: Utah |
#15920
Answer:
A cover sheet typically lists the names and addresses of the petitioner making the request, any responding party, and any attorney representing the parties. A claim for damages or jury trial is typically inapplicable in a conservatorship request. The type of case is checked under the Probate section.
In an order for appointment of a conservatorship, the judge will typically state that a hearing was held, that the person was found to be incapacitated, that the petitioner is qualified to be appointed, venue is proper, statutory qualifications for appointment have been met, the petitioner is to be appointed as conservator, and letters of conservatorship will be issued upon acceptance of the appointment. The court may require the conservator to post a bond or serve without bond. Previous powers of attorney may be ordered revoked. Please see the court samples at the links below for examples of judgments appointing a conservator.
We are unable to provide legal advice on form preparation, this service provides information of a general legal nature. I suggest contacting the clerk of courts, as local court rules vary by court. For further assistance, please see:
http://www.utcourts.gov/ocap/http://www.utcourts.gov/howto/legalassist/
http://www.utcourts.gov/howto/seniors/g_and_c.asp
The following are Utah laws:
Rule 11. Signing of pleadings, motions, and other papers; representations
to court; sanctions.
(a) Signature.
(a)(1) Every pleading, written motion, and other paper shall be signed by
at least one attorney of record, or, if the party is not represented by
the party.
(a)(2) A person may sign a paper using any form of signature recognized
by law as binding. Unless required by statute, a paper need not be
accompanied by affidavit or have a notarized, verified or acknowledged
signature. If a rule requires an affidavit or a notarized, verified or
acknowledged signature, the person may submit a declaration pursuant to
Utah Code Section 46-5-101. If a statute requires an affidavit or a
notarized, verified or acknowledged signature and the party
electronically files the paper, the signature shall be notarized pursuant
to Utah Code Section 46-1-16.
(a)(3) An unsigned paper shall be stricken unless omission of the
signature is corrected promptly after being called to the attention of
the attorney or party.
(b) Representations to court. By presenting a pleading, written motion,
or other paper to the court (whether by signing, filing, submitting, or
advocating), an attorney or unrepresented party is certifying that to the
best of the person's knowledge, information, and belief, formed after an
inquiry reasonable under the circumstances,
(b)(1) it is not being presented for any improper purpose, such as to
harass or to cause unnecessary delay or needless increase in the cost of
litigation;
(b)(2) the claims, defenses, and other legal contentions are warranted by
existing law or by a nonfrivolous argument for the extension,
modification, or reversal of existing law or the establishment of new
law;
(b)(3) the allegations and other factual contentions have evidentiary
support or, if specifically so identified, are likely to have evidentiary
support after a reasonable opportunity for further investigation or
discovery; and
(b)(4) the denials of factual contentions are warranted on the evidence
or, if specifically so identified, are reasonably based on a lack of
information or belief.
(c) Sanctions. If, after notice and a reasonable opportunity to respond,
the court determines that subdivision (b) has been violated, the court
may, subject to the conditions stated below, impose an appropriate
sanction upon the attorneys, law firms, or parties that have violated
subdivision (b) or are responsible for the violation.
(c)(1) How initiated.
(c)(1)(A) By motion. A motion for sanctions under this rule shall be made
separately from other motions or requests and shall describe the specific
conduct alleged to violate subdivision (b). It shall be served as
provided in Rule 5, but shall not be filed with or presented to the court
unless, within 21 days after service of the motion (or such other period
as the court may prescribe), the challenged paper, claim, defense,
contention, allegation, or denial is not withdrawn or appropriately
corrected. If warranted, the court may award to the party prevailing on
the motion the reasonable expenses and attorney fees incurred in
presenting or opposing the motion. In appropriate circumstances, a law
firm may be held jointly responsible for violations committed by its
partners, members, and employees.
(c)(1)(B) On court's initiative. On its own initiative, the court may
enter an order describing the specific conduct that appears to violate
subdivision (b) and directing an attorney, law firm, or party to show
cause why it has not violated subdivision (b) with respect thereto.
(c)(2) Nature of sanction; limitations. A sanction imposed for violation
of this rule shall be limited to what is sufficient to deter repetition
of such conduct or comparable conduct by others similarly situated.
Subject to the limitations in subparagraphs (A) and (B), the sanction may
consist of, or include, directives of a nonmonetary nature, an order to
pay a penalty into court, or, if imposed on motion and warranted for
effective deterrence, an order directing payment to the movant of some or
all of the reasonable attorney fees and other expenses incurred as a
direct result of the violation.
(c)(2)(A) Monetary sanctions may not be awarded against a represented
party for a violation of subdivision (b)(2).
(c)(2)(B) Monetary sanctions may not be awarded on the court's initiative
unless the court issues its order to show cause before a voluntary
dismissal or settlement of the claims made by or against the party which
is, or whose attorneys are, to be sanctioned.
(c)(3) Order. When imposing sanctions, the court shall describe the
conduct determined to constitute a violation of this rule and explain the
basis for the sanction imposed.
(d) Inapplicability to discovery. Subdivisions (a) through (c) of this
rule do not apply to disclosures and discovery requests, responses,
objections, and motions that are subject to the provisions of Rules 26
through 37.
75-5-404. Original petition for appointment or protective order.
(1) The person to be protected, any person who is interested in his
estate, affairs, or welfare, including his parent, guardian, or custodian,
or any person who would be adversely affected by lack of effective
management of his property and affairs may petition for the appointment
of a conservator or for other appropriate protective order.
(2) The petition shall set forth to the extent known, the interest of
the petitioner; the name, age, residence, and address of the person to be
protected; the name and address of his guardian, if any; the name and
address of his nearest relative known to the petitioner; a general
statement of his property with an estimate of the value thereof,
including any compensation, insurance, pension, or allowance to which he
is entitled; and the reason why appointment of a conservator or other
protective order is necessary. If the appointment of a conservator is
requested, the petition also shall set forth the name and address of the
person whose appointment is sought and the basis of his priority for
appointment.
75-5-408. Permissible court orders.
(1) The court has the following powers which may be exercised directly
or through a conservator in respect to the estate and affairs of
protected persons:
(a) While a petition for appointment of a conservator or other
protective order is pending and after preliminary hearing and without
notice to others, the court has power to preserve and apply the property
of the person to be protected as may be required for his benefit or the
benefit of his dependents.
(b) After hearing and upon determining that a basis for an appointment
or other protective order exists with respect to a minor without other
disability, the court has all those powers over the estate and affairs of
the minor which are or might be necessary for the best interests of the
minor, his family, and the members of his household.
(c) After hearing and upon determining that a basis for an appointment
or other protective order exists with respect to a person for reasons
other than minority, the court has, for the benefit of the person and
members of his household, all the powers over his estate and affairs
which he could exercise if present and not under disability, except the
power to make a will. These powers include, but are not limited to the
power to make gifts, to convey or release his contingent and expectant
interests in property including marital property rights and any right of
survivorship incident to joint tenancy or tenancy by the entirety, to
exercise or release his powers as trustee, personal representative,
custodian for minors, conservator, or donee of a power of appointment, to
enter into contracts, to create revocable or irrevocable trusts of
property of the estate which may extend beyond his disability or life, to
exercise options of the disabled person to purchase securities or other
property, to exercise his rights to elect options and change beneficiaries
under insurance and annuity policies and to surrender the policies for
their cash value, to exercise his right to an elective share in the
estate of his deceased spouse, and to renounce any interest by testate or
intestate succession or by inter vivos transfer.
(d) The court may exercise, or direct the exercise of, its authority
to exercise or release powers of appointment of which the protected
person is donee, to renounce interests, to make gifts in trust or
otherwise exceeding 20% of any year's income of the estate, or to change
beneficiaries under insurance and annuity policies, only if satisfied,
after notice and hearing, that it is in the best interests of the
protected person, and that he either is incapable of consenting or has
consented to the proposed exercise of power.
(2) An order made pursuant to this section determining that a basis
for appointment of a conservator or other protective order exists has no
effect on the capacity of the protected person.
