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Definitions

GUARDIANSHIP AND CONSERVATORSHIP

Conservator A conservator is someone who manages another's financial affairs (can also be called "guardian of property"). Guardian A guardian is someone who has the legal authority to care for another (can also be called "guardian of a person"). Incapacitated person Means any person who is impaired by reason of mental illness, mental deficiency, mental disorder, physical illness or disability, chronic use of drugs, chronic intoxication or other cause, except minority, to the extent that he lacks sufficient understanding or capacity to make or communicate responsible decisions concerning his person. In cases of limited guardianship only, a person is not deemed an incapacitated person for purposes of voting if the person files a petition, has a hearing and the judge determines by clear and convincing evidence that the person retains sufficient understanding to exercise the right to vote pursuant to section 14-5304.02. Investigator Means a person who is appointed by the court under section 14-5308. Minor Ward Means a minor for whom a guardian has been appointed solely because of minority. Physician Means a person licensed pursuant to title 32, chapter 13 or 17. Protected Person Means a minor or any other person for whom a conservator has been appointed or any other protective order has been made. Protective Proceeding Means a proceeding under the provisions of section 14-5401 to determine that a person cannot effectively manage or apply his estate to necessary ends, either because he lacks the ability or is otherwise inconvenienced, or because he is a minor, and to secure administration of his estate by a conservator or other appropriate relief. Psychologist Means a person licensed pursuant to title 32, chapter 19.1. Registered Nurse Has the same meaning as prescribed in section 32-1601. Ward A person legally incapable of managing his or her own affairs.

FORMAL AND INFORMAL

Agent Includes an attorney-in-fact under a durable or nondurable power of attorney, a person who is authorized to make decisions concerning another person's health care and a person who is authorized to make decisions for another person under a natural death act. Application Means a written request to the registrar for an order of informal probate or appointment under chapter 3, article 3 of this title. Basis for Compensation Means hourly rate, a fixed fee or a contingency fee agreement and reimbursable costs. Conservator Means a person who is appointed by a court to manage the estate of a protected person. Court Means the superior court. Dependent Child Means a minor child whom the decedent was obligated to support or an adult child who was in fact being supported by the decedent at the time of the decedent's death. Devise When used as a noun, means a testamentary disposition of real or personal property and, when used as a verb, means to dispose of real or personal property by will. Devisee Means a person designated in a will to receive a devise. For the purposes of chapter 3of this title, in the case of a devise to an existing trust or trustee, or to a trustee on trust described by will, the trust or trustee is the devisee and the beneficiaries are not devisees. Disablility Means cause for a protective order as described in section 14-5401. Distributee Means any person who has received property of a decedent from that person's personal representative other than as a creditor or purchaser. Distributee includes a testamentary trustee only to the extent of distributed assets or increment that remains in that person's hands. A beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative is a distributee of the personal representative. For the purposes of this paragraph, "testamentary trustee" includes a trustee to whom assets are transferred by will, to the extent of the devised assets. Estate Includes the property of the decedent, trust or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. As it relates to a spouse, the estate includes only the separate property and the share of the community property belonging to the decedent or person whose affairs are subject to this title. Exempt Property Means that property of a decedent's estate that is described in section 14-2403. Fiduciary Includes a personal representative, guardian, conservator and trustee. Foreign Personal Representative Means a personal representative appointed by another jurisdiction. Formal Proceedings Means proceedings conducted before a judge with notice to interested persons.
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