USVI Public Records

This title may be cited as the Virgin Islands Uniform Probate Code and Fiduciary Relations. History: Added Oct. 1, 2011, No. 7150, § 1, Sess. L. 2009, p. 421.

(a) This title must be liberally construed and applied to promote its underlying purposes and policies. (b) The underlying purposes and policies of this title are: (1) to simplify and clarify the law concerning the affairs of decedents, missing persons, protected persons, minors and incapacitated persons; (2) to discover and make effective the intent of a decedent in distribution of his property; (3) to promote a speedy and efficient system for liquidating the estate of the decedent and making distribution to his successors; (4) to facilitate use and enforcement of certain trusts; and (5) to make uniform the law among the various jurisdictions. History: Added Oct. 1, 2011, No. 7150, § 1, Sess. L. 2009, p. 421.

Unless displaced by the particular provisions of this title, the principles of law and equity supplement its provisions. History: Added Oct. 1, 2011, No. 7150, § 1, Sess. L. 2009, p. 422.

If any provision of this title or the application this title to any person or circumstances is held invalid, the invalidity does not affect other provisions or applications of the title which can be given effect without the invalid provision or application, and to this end the provisions of this Code are declared to be severable. History: Added Oct. 1, 2011, No. 7150, § 1, Sess. L. 2009, p. 422.

This title is intended as a unified coverage of its subject matter and no part of it may be deemed impliedly repealed by subsequent legislation if it can reasonably be avoided. History: Added Oct. 1, 2011, No. 7150, § 1, Sess. L. 2009, p. 422.

Whenever fraud has been perpetrated in connection with any proceeding or in any statement filed under this title or if fraud is used to avoid or circumvent the provisions or purposes of this title, any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person, other than a bona fide purchaser, benefitting from the fraud, whether innocent or not. Any proceeding must be commenced within 2 years after the discovery of the fraud, but no proceeding may be brought against one not a perpetrator of the fraud later than 5 years after the time of commission of the fraud. This section has no bearing on remedies relating to fraud practiced on a decedent during his lifetime which affects the succession of his estate. History: Added Oct. 1, 2011, No. 7150, § 1, Sess. L. 2009, p. 422.

In addition to the rules of evidence in courts of general jurisdiction, the following rules relating to a determination of death and status apply: (1) Death occurs when an individual is determined to be dead under the Uniform Determination of Death Act, 19 V.I.C. § 869. (2) A certified or authenticated copy of a death certificate purporting to be issued by an official or agency of the place where the death purportedly occurred is prima facie evidence of the fact, place, date, and time of death and the identity of the decedent. (3) A certified or authenticated copy of any record or report of a governmental agency, domestic or foreign, that an individual is missing, detained, dead, or alive is prima facie evidence of the status and of the dates, circumstances, and places disclosed by the record or report. (4) In the absence of prima facie evidence of death under paragraph (2) or (3), the fact of death may be established by clear and convincing evidence, including circumstantial evidence. (5) An individual whose death is not established under the preceding paragraphs who is absent for a continuous period of five years, during which the individual has not been heard from, and whose absence is not satisfactorily explained after diligent search or inquiry, is presumed to be dead. The individual's death is presumed to have occurred at the end of the period unless there is sufficient evidence for determining that death occurred earlier. (6) In the absence of evidence disputing the time of death stated on a document described in paragraph (2) or (3), a document described in paragraph (2) or (3) that states a time of death 120 hours or more after the time of death of another individual, however the time of death of the other individual is determined, establishes by clear and convincing evidence that the individual survived the other individual by 120 hours. History: Added Oct. 1, 2011, No. 7150, § 1, Sess. L. 2009, pp. 422-423.

For the purpose of granting consent or approval with regard to the acts or accounts of a personal representative or trustee, including relief from liability or penalty for failure to post bond, to register a trust, or to perform other duties, and for purposes of consenting to modification or termination of a trust or to deviation from its terms, the sole holder or all co-holders of a presently exercisable general power of appointment, including one in the form of a power of amendment or revocation, are deemed to act for beneficiaries to the extent their interests, as objects, takers in default, or otherwise, are subject to the power. History: Added Oct. 1, 2011, No. 7150, § 1, Sess. L. 2009, p. 423.

(a) In this section: (1) "CPI" means the Consumer Price Index (Annual Average) for All Urban Consumers (CPI-U): U.S. City Average - All items, reported by the Bureau of Labor Statistics, Department of Labor or its successor or, if the index is discontinued, an equivalent index reported by a federal authority. If no such index is reported, the term means the substitute index chosen by Bureau of Audit Control and (2) "Reference base index" means the CPI for calendar year 2010. (b) The dollar amounts stated in sections 2-102, 2-202(b), 2-402, 2-403, and 2-405 apply to the estate of a decedent who died in or after 2010, but for the estate of a decedent who died after 2010 these dollar amounts must be increased or decreased if the CPI for the calendar year immediately preceding the year of death exceeds or is less than the reference base index. The amount of any increase or decrease is computed by multiplying each dollar amount by the percentage by which the CPI for the calendar year immediately preceding the year of death exceeds or is less than the reference base index. If any increase or decrease produced by the computation is not a multiple of $100, the increase or decrease is rounded down, if an increase, or up, if a decrease, to the next multiple of $100, but for the purpose of section 2-405, the periodic installment amount is the lump sum amount divided by 12. If the CPI for 2009 is changed by the Bureau of Labor Statistics, the reference base index must be revised using the rebasing factor reported by the Bureau of Labor Statistics, or other comparable data if a rebasing factor is not reported. (c) Before February 1, 2011 and before February 1 of each succeeding year, the Bureau of Internal Revenue shall publish a cumulative list, beginning with the dollar amounts effective for the estate of a decedent who died in 2011 of each dollar amount as increased or decreased under this section. History: Added Oct. 1, 2011, No. 7150, § 1, Sess. L. 2009, p. 424.

Subject to additional definitions contained in the subsequent articles which are applicable to specific articles, parts, or sections, and unless the context otherwise requires, in this title: (1) "Agent" includes an attorney-in-fact under a durable or nondurable power of attorney, an individual authorized to make decisions concerning another's health care, and an individual authorized to make decisions for another under a natural death act. (2) "Application" means a written request to the Registrar for an order of informal probate or appointment under Part 3 of Article III. (3) "Beneficiary," as it relates to a trust beneficiary, includes a person who has any present or future interest, vested or contingent, and also includes the owner of an interest by assignment or other transfer; as it relates to a charitable trust, includes any person entitled to enforce the trust; as it relates to a "beneficiary of a beneficiary designation," refers to a beneficiary of an insurance or annuity policy, of an account with POD designation, of a security registered in beneficiary form (TOD), or of a pension, profit sharing, retirement, or similar benefit plan, or other nonprobate transfer at death; and, as it relates to a "beneficiary designated in a governing instrument", includes a grantee of a deed, a devisee, a trust beneficiary, a beneficiary of a beneficiary designation, a donee, appointee, or taker in default of a power of appointment, or a person in whose favor a power of attorney or a power held in any individual, fiduciary, or representative capacity is exercised. (4) "Beneficiary designation" refers to a governing instrument naming a beneficiary of an insurance or annuity policy, of an account with POD designation, of a security registered in beneficiary form (TOD), or of a pension, profit-sharing, retirement, or similar benefit plan, or other nonprobate transfer at death. (5) "Child" includes an individual entitled to take as a child under this title by intestate succession from the parent whose relationship is involved and excludes a person who is only a stepchild, a foster child, a grandchild, or any more remote descendant. (6) "Claims," in respect to estates of decedents and protected persons, includes liabilities of the decedent or protected person, whether arising in contract, in tort, or otherwise, and liabilities of the estate which arise at or after the death of the decedent or after the appointment of a conservator, including funeral expenses and expenses of administration. The term does not include estate or inheritance taxes, or demands or disputes regarding title of a decedent or protected person to specific assets alleged to be included in the estate. (7) "Conservator" means as defined in section 5-102. (8) "Court" means the Superior Court of the Virgin Islands or DIVISION of the Superior Court having jurisdiction in matters relating to the affairs of decedents. (9) "Descendant" of an individual means all of the individual's descendants of all generations, with the relationship of parent and child at each generation being determined by the definition of child and parent contained in this Code. (10) "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. (11) "Devisee" means a person designated in a will to receive a devise. For the purposes of Article III, 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. (12) "Distributee" means (A) any person who has received property of a decedent from the decedent's personal representative other than as a creditor or purchaser; (B) a testamentary trustee, including a trustee to whom assets are transferred by will, only to the extent of distributed assets or increment thereto remaining in the trustee's hands; (C) a beneficiary of a testamentary trust to whom the trustee has distributed property received from a personal representative. (13) "Estate" includes the property of the decedent, trust, or other person whose affairs are subject to this Code as originally constituted and as it exists from time to time during administration. (14) "Exempt property" means that property of a decedent's estate which is described in section 2-403. (15) "Fiduciary" includes a personal representative, guardian, conservator, and trustee. (16) "Foreign personal representative" means a personal representative appointed by another jurisdiction. (17) "Formal proceedings" means proceedings conducted before a judge or magistrate judge with notice to interested persons. (18) "Governing instrument" means a deed, will, trust, insurance or annuity policy, account with POD designation, security registered in beneficiary form (TOD), pension, profit sharing, retirement, or similar benefit plan, instrument creating or exercising a power of appointment or a power of attorney, or a dispositive, appointive, or nominative instrument of any similar type. (19) "Guardian" is as defined in section 5-102. (20) "Heirs," except as controlled by section 2-711, means persons, including the surviving spouse and the Virgin Islands, who are entitled under the statutes of intestate succession to the property of a decedent. (21) "Incapacitated person" means an individual described in section 5-102. (22) "Informal proceedings" means those conducted without notice to interested persons by an officer of the court acting as a registrar for probate of a will or appointment of a personal representative. (23) "Interested person" includes heirs, devisees, children, spouses, creditors, beneficiaries, others having a property right in or claim against a trust estate or the estate of a decedent, ward, or protected person, persons having priority for appointment as personal representative, and other fiduciaries representing interested persons. The meaning as it relates to particular persons may vary from time to time and must be determined according to the particular purposes of, and matter involved in, any proceeding. (24) "Issue" of an individual means descendant. (25) "Joint tenants with the right of survivorship" and "community property with the right of survivorship" includes co-owners of property held under circumstances that entitle one or more to the whole of the property on the death of the other or others, but excludes forms of co-ownership registration in which the underlying ownership of each party is in proportion to that party's contribution. (26) "Lease" includes oil, gas, or other mineral lease. (27) "Letters" includes letters testamentary, letters of guardianship, letters of administration, and letters of conservatorship. (28) "Minor" has the meaning described in section 5-102. (29) "Mortgage" means any conveyance, agreement, or arrangement in which property is encumbered or used as security. (30) "Nonresident decedent" means a decedent who was domiciled in another jurisdiction at the time of the decedent's death. (31) "Organization" means a corporation, business trust, estate, trust, partnership, joint venture, association, government or governmental subdivision or agency, or any other legal or commercial entity. (32) "Parent" includes any person entitled to take, or who would be entitled to take if the child died without a will, as a parent under this Code by intestate succession from the child whose relationship is in question and excludes any person who is only a stepparent, faster parent, or grandparent. (33) "Payor" means a trustee, insurer, business entity, employer, government, governmental agency or subdivision, or any other person authorized or obligated by law or a governing instrument to make payments. (34) "Person" means an individual or an organization. (35) "Personal representative" includes executor administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. "General personal representative" excludes special administrator. (36) "Petition" means a written request to the Court for an order after notice. (37) "Proceeding" includes action at law and suit in equity. (38) "Property" includes both real and personal property or any interest therein and means anything that may be the subject of ownership. (39) "Protected person" is as defined in section 5-102. (40) "Protective proceeding" means a proceeding under Part 4 of Article V. (41) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (42) "Registrar" means the official of the court designated to perform the functions of Registrar as provided in section 1-307. (43) "Security" includes any note, stock, treasury stock, bond, debenture, evidence of indebtedness, certificate of interest or participation in an oil, gas, or mining title or lease or in payments out of production under such a title or lease, collateral trust certificate, transferable share, voting trust certificate or, in general, any interest or instrument commonly known as a security, or any certificate of interest or participation, any temporary or interim certificate, receipt, or certificate of deposit for, or any warrant or right to subscribe to or purchase, any of the foregoing. (44) "Settlement," in reference to a decedent's estate, includes the full process of administration, distribution, and closing. (45) "Sign" means, with present intent to authenticate or adopt a record other than a will; (A) to execute or adopt a tangible symbol; or (B) to attach to or logically associate with the record an electronic symbol, sound, or process. (46) "Special administrator" means a personal representative as described by sections 3-614 through 3- 618. (47) "State" means a state of the United States, the District of Columbia, and the Commonwealth of Puerto Rico, the Virgin Islands or any territory or insular possession subject to the jurisdiction of the United States. (48) "Successor personal representative" means a personal representative, other than a special administrator, who is appointed to succeed a previously appointed personal representative. (49) "Successors" mean persons, other than creditors, who are entitled to property of a decedent under the decedent's will or this title. (50) "Supervised administration" refers to the proceedings described in Article III, Part 5. (51) "Survive" means that an individual has neither predeceased an event, including the death of another individual, nor is deemed to have predeceased an event under section 2-104 or 2-702. The term includes its derivatives, such as "survives," "survived," "survivor," "surviving." (52) "Testacy proceeding" means a proceeding to establish a will or determine intestacy. (53) "Testator" includes an individual of either sex. (54) "Trust" includes an express trust, private or charitable, with additions thereto, wherever and however created. The term also includes a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. The term excludes other constructive trusts and excludes resulting trusts, conservatorships, personal representatives, trust accounts as defined in Article VI, custodial arrangements pursuant to the Virgin Islands Uniform Transfer to Minors Act, business trusts providing for certificates to be issued to beneficiaries, common trust funds, voting trusts, security arrangements, liquidation trusts, and trusts for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, or employee benefits of any kind, and any arrangement under which a person is nominee or escrowee for another. (55) "Trustee" includes an original, additional, or successor trustee, whether or not appointed or confirmed by court. (56) "Ward" means an individual described in section 5-102. (57) "Will" includes codicil and any testamentary instrument that merely appoints an executor, revokes or revises another will, nominates a guardian, or expressly excludes or limits the right of an individual or class to succeed to property of the decedent passing by intestate succession. History: Added Oct. 1, 2011, No. 7150, § 1, Sess. L. 2009, pp. 425-431; amended Nov. 24, 2010, No. 7241, § 6(a)(3), (11), Sess. L. 2010, p. 287; amended July 30, 2016, No. 7888, § 15, Sess. L. 2016, p. 114.

Except as otherwise provided in this title, this title applies to (1) the affairs and estates of decedents, missing persons, and persons to be protected, domiciled in the Virgin Islands, (2) the property of nonresidents located in the Virgin Islands or property coming into the control of a fiduciary who is subject to the laws of the Virgin Islands, (3) incapacitated persons and minors in the Virgin Islands, (4) survivorship and related accounts in the Virgin Islands, and (5) trusts subject to administration in the Virgin Islands. History: Added Oct. 1, 2011, No. 7150, § 1, Sess. L. 2009, p. 431.

(a) To the full extent permitted by the Constitution and except as otherwise provided by law, the court has jurisdiction over all subject matter relating to: (1) Estates of decedents, including construction of wills and determination of heirs and successors of decedents, and estates of protected persons; (2) Protection of minors and incapacitated persons; and (3) Trusts. (b) The Court has full power to make orders, judgments and decrees and take all other action necessary and proper to administer justice in the matters that come before it. (c) The Court has jurisdiction over protective proceedings including jurisdiction over guardianship proceedings. (d) Where protective and guardianship proceedings relating to the same person have been initiated, they may be consolidated in any division of the Court as the Court in its discretion determines. History: Added Oct. 1, 2011, No. 7150, § 1, Sess. L. 2009, p. 431.

(a) Where a proceeding under this Code could be maintained in more than one place in the Territory, the court in which the proceeding is first commenced has the exclusive right to proceed. (b) If proceedings concerning the same estate, protected person, ward, or trust are commenced in more than one court of the Virgin Islands, the court in which the proceeding was first commenced shall continue to hear the matter, and the other courts shall hold the matter in abeyance until the question of venue is decided, and if the ruling court determines that venue is properly in another court, it shall transfer the proceeding to the other court. (c) If a Court finds that in the interest of justice a proceeding or a file should be located in another Court of the Virgin Islands, the Court making the finding may transfer the proceeding or file to the other Court. History: Added Oct. 1, 2011, No. 7150, § 1, Sess. L. 2009, pp. 431-432.

Unless specifically provided to the contrary in this Code or unless inconsistent with its provisions, the rules of civil procedure including the rules concerning vacation of orders and appellate review govern formal proceedings under this Code. History: Added Oct. 1, 2011, No. 7150, § 1, Sess. L. 2009, p. 432.

The Clerk of Court shall keep a record for each decedent, ward, protected person or trust involved in any document that may be filed with the court under this title, including petitions and applications, demands for notices or bonds, trust registrations, and of any orders or responses relating thereto by the Registrar or court, and establish and maintain a system for indexing, filing or recording which is sufficient to enable users of the records to obtain adequate information. Upon payment of the fees required by law the clerk shall issue certified copies of any probated wills, letters issued to personal representatives, or any other record or paper filed or recorded. Certificates relating to probated wills must indicate whether the decedent was domiciled in the Virgin Islands, and whether the probate was formal or informal. Certificates relating to letters must show the date of appointment. History: Added Oct. 1, 2011, No. 7150, § 1, Sess. L. 2009, p. 432.

(a) If duly demanded, a party is entitled to trial by jury in a formal testacy proceeding and any proceeding in which any controverted question of fact arises as to which any party has a constitutional right to trial by jury. (b) If there is no right to trial by jury under subsection (a) or the right is waived, the court in its discretion may call a jury to decide any issue of fact, in which case the verdict is advisory only. History: Added Oct. 1, 2011, No. 7150, § 1, Sess. L. 2009, pp. 432-433.

The acts and orders that this Code specifies as performable by the Registrar may be performed either by a judge or magistrate judge of the Court or by a person, including the clerk, designated by the Court by a written order filed and recorded in the office of the Court. History: Added Oct. 1, 2011, No. 7150, § 1, Sess. L. 2009, p. 433; amended Nov. 24, 2010, No. 7241, § 6(a) (12), Sess. L. 2010, p. 288; amended July 30, 2016, No. 7888, § 15, Sess. L. 2016, p. 114.

Appellate review, including the right to appellate review, interlocutory appeal, provisions as to time, manner, notice, appeal bond, stays, scope of review, record on appeal, briefs, arguments and power of the appellate court, is governed by the rules applicable to the appeals to the Supreme Court of the Virgin Islands in equity cases; except that in proceedings where jury trial has been had as a matter of right, the rules applicable to the scope of review injury cases apply. History: Added Oct. 1, 2011, No. 7150, § 1, Sess. L. 2009, p. 433.

Except as otherwise specifically provided in this Code or by rule, every document filed with the Court under this Code including applications, petitions, and demands for notice, is deemed to include an oath, affirmation, or statement to the effect that its representations are true as far as the person executing or filing it knows or is informed, and penalties for perjury may follow deliberate falsification therein. History: Added Oct. 1, 2011, No. 7150, § 1, Sess. L. 2009, p. 433.

(a) If notice of a hearing on any petition is required and except for specific notice requirements as otherwise provided, the petitioner shall cause notice of the time and place of hearing of any petition to be given to any interested person or his attorney if he has appeared by attorney or requested that notice be sent to his attorney. Notice must be given: (1) by mailing a copy the notice at least 14 days before the time set for the hearing by certified, registered or ordinary first class mail addressed to the person being notified at the post office address given in the person's demand for notice, if any, or at the person's office or place of residence, if known; (2) by delivering a copy of the notice to the person being notified personally at least 14 days before the time set for the hearing; or (3) if the address, or identity of any person is not known and cannot be ascertained with reasonable diligence, by publishing at least once a week for three consecutive weeks, a copy of the notice in a newspaper having general circulation on the island where the hearing is to be held, the last publication of which is to be at least 10 days before the time set for the hearing. (b) The Court for good cause shown may provide for a different method or time of giving notice for any hearing. (c) Proof of the giving of notice must be made on or before the hearing and filed in the proceeding. History: Added Oct. 1, 2011, No. 7150, § 1, Sess. L. 2009, pp. 433-434.

A person, including a guardian ad litem, conservator, or other fiduciary, may waive notice by a writing signed by him or his attorney and filed in the proceeding. A person for whom a guardianship or other protective order is sought, a ward, or a protected person may not waive notice. History: Added Oct. 1, 2011, No. 7150, § 1, Sess. L. 2009, p. 434; amended Nov. 24, 2010, No. 7241, § 6(a) (13), Sess. L. 2010, p. 288.

In formal proceedings involving trusts or estates of decedents, minors, protected persons, or incapacitated persons, and in judicially supervised settlements, the following rules apply: (1) Interests to be affected must be described in pleadings that give reasonable information to owners by name or class, by reference to the instrument creating the interests or in another appropriate manner. (2) A person is bound by an order binding another in the following cases: (i) An order binding the sole holder or all co-holders of a power of revocation or a presently exercisable general power of appointment, including one in the form of a power of amendment, binds other persons to the extent their interests as objects, takers in default or otherwise are subject to the power. (ii) To the extent there is no conflict of interest between them or among persons represented: (A) An order binding a conservator binds the person whose estate the conservator controls; (B) An order binding a guardian binds the ward if no conservator of the ward's estate has been appointed; (C) An order binding a trustee binds beneficiaries of the trust in proceedings to probate a will establishing or adding to a trust, to review the acts or accounts of a former fiduciary, and in proceedings involving creditors or other third parties; (D) An order binding a personal representative binds persons interested in the undistributed assets of a decedent's estate in actions or proceedings by or against the estate; and (E) An order binding a sole holder or all co-holders of a general testamentary power of appointment binds other persons to the extent their interests as objects, takers in default or otherwise are subject to the power. (iii) Unless otherwise represented, a minor or an incapacitated, unborn, or unascertained person is bound by an order to the extent the person's interest is adequately represented by another party having a substantially identical interest in the proceeding. (3) If no conservator or guardian has been appointed, a parent may represent a minor child. (4) Notice is required as follows: (i) The notice prescribed by section 1-401 must be given to every interested person or to one who can bind an interested person as described in paragraph paragraph (2)(i)Notice may be given both to a person and to another who may bind the person. (ii) Notice is given to unborn or unascertained persons, who are not represented under paragraph (2) (i) or (ii), by giving notice to all known persons whose interests in the proceedings are substantially identical to those of the unborn or unascertained persons. (5) At any point in a proceeding, a court may appoint a guardian ad litem to represent the interest of a minor, an incapacitated, unborn, or unascertained person, or a person whose identity or address is unknown, if the court determines that representation of the interest otherwise would be inadequate. If not precluded by conflict of interests, a guardian ad litem may be appointed to represent several persons or interests. The court shall state its reasons for appointing a guardian ad litem as a part of the record of the proceeding. History: Added Oct. 1, 2011, No. 7150, § 1, Sess. L. 2009, pp. 434-436.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Apr. 9, 2011, No. 7254, § 3, Sess. L. 2011, p. 46.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

Parts 1-4 of this article may be cited as The Virgin Islands Uniform Guardianship and Protective Proceedings Act. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 243.

In Parts 1-4 of this article: (1) "Conservator" means a person who is appointed by a court to manage the estate of a protected person. The term includes a limited conservator. (2) "Court" means the Family Division of the Superior Court of the Virgin Islands. (3) "Guardian" means a person who has qualified as a guardian of a minor or incapacitated person pursuant to appointment by a parent or spouse, or by the Court. The term includes a limited, emergency, and temporary substitute guardian but not a guardian ad litem. (4) "Incapacitated person" means an individual who, for reasons other than being a minor, is unable to receive and evaluate information or make or communicate decisions to such an extent that the individual lacks the ability to meet essential requirements for physical health, safety, or self-care, even with appropriate technological assistance. (5) "Legal representative" includes a representative payee, a guardian or conservator acting for a respondent in the Virgin Islands or elsewhere, a trustee or custodian of a trust or custodianship of which the respondent is a beneficiary, and an agent designated under a power of attorney, whether for health care or property, in which the respondent is identified as the principal. (6) "Minor" means an unemancipated individual who has not attained 18 years of age. (7) "Parent" means a parent whose parental rights have not been terminated. (8) "Protected person" means a minor or other individual for whom a conservator has been appointed or other protective order has been made. (9) "Respondent" means an individual for whom the appointment of a guardian or conservator other protective order is sought. (10) "Ward" means an individual for whom a guardian has been appointed. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 243, 244.

(a) Unless a person required to transfer money or personal property to a minor knows that a conservator has been appointed or that a proceeding for appointment of a conservator of the estate of the minor is pending, the person may do so, as to an amount or value not exceeding $5,000 a year, by transferring it to: (1) a person who has the care and custody of the minor and with whom the minor resides; (2) a guardian of the minor; (3) a custodian under the Uniform Transfers To Minors Act; or (4) a financial institution as a deposit in an interest-bearing account or certificate in the sole name of the minor and giving notice of the deposit to the minor. (b) A person who transfers money or property in compliance with this section is not responsible for its proper application. (c) A guardian or other person who receives money or property for a minor under subsection (a)(1) or (2) may only apply it to the support, care, education, health, and welfare of the minor, and may not derive a personal financial benefit except for reimbursement for necessary expenses. Any excess must be preserved for the future support, care, education, health, and welfare of the minor, and any balance must be transferred to the minor upon emancipation or attaining majority. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 244.

A parent or guardian of a minor or incapacitated person, by a power of attorney, may delegate to another person, for a period not exceeding six months, any power regarding care, custody, or property of the minor or ward, except the power to consent to marriage or adoption. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 244.

Parts 1-4A of this Article apply to, and the Court has jurisdiction over, guardianship and related proceedings for individuals domiciled or present in the Virgin Islands, protective proceedings for individuals domiciled in or having property located in the Virgin Islands, and property coming into the control of a guardian or conservator who is subject to the laws of the Virgin Islands. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 245.

(a) After the appointment of a guardian or conservator entry of another protective order for a minor, the Court making the appointment or entering the order may transfer the proceeding to a court in another judicial division in the Virgin Islands or to another State if the Court is satisfied that a transfer will serve the best interest of the ward or protected person. (b) If a guardianship or protective proceeding is pending in another state or foreign country and a petition for guardianship or protective proceeding is filed in the Virgin Islands, the Court shall notify the original court and, after consultation with the original court, assume or decline jurisdiction, whichever is in the best interest of the ward or protected person. (c) A guardian, conservator, or like fiduciary appointed in another State may petition the Court for appointment as a guardian or conservator in the Virgin islands if venue in the Virgin Islands is or will be established. The appointment may be made upon proof of appointment in the other state and presentation of a certified copy of the portion of the court record in the other State specified by the Court of the Virgin Islands. Notice of hearing on the petition, together with a copy of the petition, must be given to the ward or protected person, if the ward or protected person has attained 14 years of age, and to the persons who would be entitled to notice if the regular procedures for appointment of a guardian or conservator under this Article were applicable. The Court shall make the appointment in the Virgin Islands unless it concludes that the appointment would not be in the best interest of the ward or protected person. Upon the filing of an acceptance of office and any required bond, the Court shall issue appropriate letters of guardianship or conservatorship. Within 14 days after an appointment, the guardian or conservator shall send or deliver a copy of the order of appointment to the ward or protected person, if the ward or protected person has attained 14 years of age, and to all persons given notice of the hearing on the petition. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 245.

(a) Venue for a guardianship proceeding for a minor is in the judicial division of the Virgin Islands in which the minor resides or is present at the time the proceeding is commenced. (b) Venue for a guardianship proceeding for an incapacitated person is in the judicial division of the Virgin Islands in which the respondent resides and, if the respondent has been admitted to an institution by order of a court of competent jurisdiction, in the judicial division in which the court is located. Venue for the appointment of an emergency or a temporary substitute guardian of an incapacitated person is also in judicial division in which the respondent is present. (c) Venue for a protective proceeding is in the judicial division of the Virgin Islands in which the respondent resides, whether or not a guardian has been appointed in another place or, if the respondent does not reside in Virgin Islands, in any judicial division of the Virgin Islands in which property of the respondent is located. (d) If a proceeding under Parts 1-4 of this article is brought in more than one judicial division of this Territory, the judicial division in which the proceeding is first brought has the exclusive right to proceed unless that court determines that venue is properly in another court or that the interests of justice otherwise require that the proceeding be transferred. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 245, 246.

Upon the guardian's filing of an acceptance of office, the Court shall issue appropriate letters of guardianship. Upon the conservator's filing of an acceptance of office and any required bond, the Court shall issue appropriate letters of conservatorship. Letters of guardianship must indicate whether the guardian was appointed by the Court, a parent, or the spouse. Any limitation on the powers of a guardian or conservator or of the assets subject to a conservatorship must be endorsed on the guardian's or conservator's letters. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 246.

By accepting appointment, a guardian or conservator submits personally to the jurisdiction of the Court in any proceeding relating to the guardianship or conservatorship. The petitioner shall send or deliver notice of any proceeding to the guardian or conservator at the guardian's or conservator's address shown in the court records and at any other address then known to the petitioner. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 246.

Appointment (a) The appointment of a guardian or conservator terminates upon the death, resignation, or removal of the guardian or conservator or upon termination of the guardianship or conservatorship. A resignation of a guardian or conservator is effective when approved by the Court. A parental or spousal appointment as guardian under an informally probated will terminates if the will is later denied probate in a formal proceeding. Termination of the appointment of a guardian or conservator does not affect the liability of either for previous acts or the obligation to account for money and other assets of the ward or protected person. (b) A ward, protected person, or person interested in the welfare of a ward or protected person may petition for removal of a guardian or conservator on the ground that removal would be in the best interest of the ward or protected person or for other good cause. A guardian or conservator may petition for permission to resign. A petition for removal or permission to resign may include a request for appointment of a successor guardian or conservator. (c) The Court may appoint an additional guardian or conservator at any time, to serve immediately or upon some other designated event, and may appoint a successor guardian or conservator in the event of a vacancy or make the appointment in contemplation of a vacancy, to serve if a vacancy occurs. An additional or successor guardian or conservator may file an acceptance of appointment at any time after the appointment, but not later than 30 days after the occurrence of the vacancy or other designated event. The additional or successor guardian or conservator becomes eligible to act on the occurrence of the vacancy or designated event, or the filing of the acceptance of appointment, whichever last occurs. A successor guardian or conservator succeeds to the predecessor's powers, and a successor conservator succeeds to the predecessor's title to the protected person's assets. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 246, 247.

(a) Except as otherwise ordered by the Court for good cause, if notice of a hearing on a petition is required, other than a notice for which specific requirements otherwise provided, the petitioner shall give notice of the time and place of the hearing to the person to be notified. Notice must be given in compliance with Fed. R. Civ. P. 5(b) at least 14 days before the hearing. (b) Proof of notice must be made before or at the hearing and filed in the proceeding. (c) A notice under Parts 1-4 of this article must be given in plain language. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 247.

A person may waive notice by a writing signed by the person or the person's attorney and filed in the proceeding. However, a respondent, ward, or protected person may not waive notice. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 247.

At any stage of a proceeding, the Court may appoint a guardian ad litem if the Court determines that representation of the interest otherwise would be inadequate. If not precluded by a conflict of interest, a guardian ad litem may be appointed to represent several individuals or interests. The Court shall state on the record the duties of the guardian ad litem and its reasons for the appointment. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 247.

An interested person not otherwise entitled to notice who desires to be notified before any order is made in a guardianship proceeding, including a proceeding after the appointment of a guardian, or in a protective proceeding, may file a request for notice with the clerk of the court in which the proceeding is pending. The clerk shall send or deliver a copy of the request to the guardian and to the conservator if one has been appointed. A request is not effective unless it contains a statement showing the interest of the person making it and the address of that person or a lawyer to whom notice is to be given. The request is effective only as to proceedings conducted after its filing. A governmental agency paying or planning to pay benefits to the respondent or protected person is an interested person in a protective proceeding. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 247, 248.

If a respondent or other person makes more than one written appointment or nomination of a guardian or a conservator, the most recent controls. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 248.

A person becomes a guardian of a minor by parental appointment or upon appointment by the Court. The guardianship continues until terminated, without regard to the location of the guardian or minor ward. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 248.

(a) A guardian may be appointed by will or other signed writing by a parent for any minor child the parent has or may have in the future. The appointment may specify the desired limitations on the powers to be given to the guardian. The appointing parent may revoke or amend the appointment before confirmation by the Court. (b) Upon petition of an appointing parent and a finding that the appointing parent will likely become unable to care for the child within two years, and after notice as provided in section 5-205(a), the Court, before the appointment becomes effective, may confirm the parent's selection of a guardian and terminate the rights of others to object. (c) Subject to section 5-203, the appointment of a guardian becomes effective upon the appointing parent's death, adjudication that the parent is an incapacitated person, or a written determination by a physician who has examined the parent that the parent is no longer able to care for the child, whichever first occurs. (d) The guardian becomes eligible to act upon the filing of an acceptance of appointment, which must be filed within 30 days after the guardian's appointment becomes effective. The guardian shall: (1) file the acceptance of appointment and a copy of the will with the court of the judicial division in which the will was or could be probated or, in the case of another appointing instrument, file the acceptance of appointment and the appointing instrument with the Court of the judicial division in which the minor resides or is present; and (2) give written notice of the acceptance of appointment to the appointing parent, if living, the minor, if the minor has attained 14 years of age, and a person other than the parent having care and custody of the minor. (e) Unless the appointment was previously confirmed by the Court, the notice given under subsection (d)(2) must include a statement of the right of those notified to terminate the appointment by filing a written objection in the Court as provided in section 5-203. (f) Unless the appointment was previously confirmed by the Court, within 30 days after filing the notice and the appointing instrument, a guardian shall petition the Court for confirmation of the appointment, giving notice in the manner provided in section 5-205(a). (g) The appointment of a guardian by a parent does not supersede the parental rights of either parent. If both parents are dead or have been adjudged incapacitated persons, an appointment by the last parent who died or was adjudged incapacitated has priority. An appointment by a parent which is affected by filing the guardian's acceptance under a will probated in the State of the testator's domicile is effective in the Virgin Islands. (h) The powers of a guardian who timely complies with the requirements of subsections (d) and (f) relate back to give acts by the guardian which are of benefit to the minor and occurred on or after the date the appointment became effective the same effect as those that occurred after the filing of the acceptance of the appointment. (i) The authority of a guardian appointed under this section terminates upon the first to occur of the appointment of a guardian by the Court or the giving of written notice to the guardian of the filing of an objection pursuant to section 5-203. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 248, 249.

Until the Court has confirmed an appointee under section 5-202, a minor who is the subject of an appointment by a parent and who has attained 14 years of age, the other parent, or a person other than a parent or guardian having care or custody of the minor may prevent or terminate the appointment at any time by filing a written objection in the court in which the appointing instrument is filed and giving notice of the objection to the guardian and any other persons entitled to notice of the acceptance of the appointment. An objection may be withdrawn, and if withdrawn is of no effect. The objection does not preclude judicial appointment of the person selected by the parent. The Court may treat the filing of an objection as a petition for the appointment of an emergency or a temporary guardian under section 5-204, and proceed accordingly. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 249.

(a) A minor or a person interested in the welfare of a minor may petition for appointment of a guardian. (b) The Court may appoint a guardian for a minor if the Court finds the appointment is in the minor's best interest, and: (i) the parents' consent; (ii) all parental rights have been terminated; or (iii) the parents are unwilling or unable to exercise their parental rights. (c) If a guardian is appointed by a parent pursuant to section 5-202 and the appointment has not been prevented or terminated under section 5-203, that appointee has priority for appointment. However, the Court may proceed with another appointment upon a finding that the appointee under section 5-202 has failed to accept the appointment within 30 days after notice of the guardianship proceeding. (d) If necessary and on petition or motion and whether or not the conditions of subsection (b) have been established, the Court may appoint a temporary guardian for a minor upon a showing that an immediate need exists and that the appointment would be in the best interest of the minor. Notice in the manner provided in section 5-113 must be given to the parents and to a minor who has attained 14 years of age. Except as otherwise ordered by the Court, the temporary guardian has the authority of an unlimited guardian, but the duration of the temporary guardianship may not exceed six months. Within five days after the appointment, the temporary guardian shall send or deliver a copy of the order to all individuals who would be entitled to notice of hearing under section 5-205. (e) If the Court finds that following the procedures of this part will likely result in substantial harm to a minor's health or safety and that no other person appears to have authority to act in the circumstances, the Court, on appropriate petition, may appoint an emergency guardian for the minor. The duration of the guardian's authority may not exceed 30 days and the guardian may exercise only the powers specified in the order. Reasonable notice of the time and place of a hearing on the petition for appointment of an emergency guardian must be given to the minor, if the minor has attained 14 years of age, to each living parent of the minor, and a person having care or custody of the minor, if other than a parent. The Court may dispense with the notice if it finds from affidavit or testimony that the minor will be substantially harmed before a hearing can be held on the petition. If the guardian is appointed without notice, notice of the appointment must be given within 48 hours after the appointment and a hearing on the appropriateness of the appointment held within five days after the appointment. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 250.

(a) After a petition for appointment of a guardian is filed, the Court shall schedule a hearing, and the petitioner shall give notice of the time and place of the hearing, together with a copy of the petition, to: (1) the minor, if the minor has attained 14 years of age and is not the petitioner; (2) any person alleged to have had the primary care and custody of the minor during the 60 days before the filing of the petition; (3) each living parent of the minor or, if there is none, the adult nearest in kinship that can be found; (4) any person nominated as guardian by the minor if the minor has attained 14 years of age; (5) any appointee of a parent whose appointment has not been prevented or terminated under section 5-203; and (6) any guardian or conservator currently acting for the minor in the Virgin Islands or elsewhere. (b) The Court, upon hearing, shall make the appointment if it finds that a qualified person seeks appointment, venue is proper, the required notices have been given, the conditions of section 5-204(b) have been met, and the best interest of the minor will be served by the appointment. In other cases, the Court may dismiss the proceeding or make any other disposition of the matter that will serve the best interest of the minor. (c) If the Court determines at any stage of the proceeding, before or after appointment, that the interests of the minor are or may be inadequately represented, it may appoint a lawyer to represent the minor, giving consideration to the choice of the minor if the minor has attained 14 years of age. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 251.

Limited Guardianship (a) The Court shall appoint as guardian a person whose appointment will be in the best interest of the minor. The Court shall appoint a person nominated by the minor, if the minor has attained 14 years of age, unless the Court finds the appointment will be contrary to the best interest of the minor. (b) In the interest of developing self-reliance of a ward or for other good cause, the Court, at the time of appointment or later, on its own motion or on motion of the minor ward or other interested person, may limit the powers of a guardian otherwise granted by this part and thereby create a limited guardianship. Following the same procedure, the Court may grant additional powers or withdraw powers previously granted. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 251.

(a) Except as otherwise limited by the Court, a guardian of a minor ward has the duties and responsibilities of a parent regarding the ward's support, care, education, health, and welfare. A guardian shall act at all times in the ward's best interest and exercise reasonable care, diligence, and prudence. (b) A guardian shall: (1) become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of the ward's capacities, limitations, needs, opportunities, and physical and behavioral health; (2) take reasonable care of the ward's personal effects and bring a protective proceeding if necessary to protect other property of the ward; (3) expend money of the ward which has been received by the guardian for the ward's current needs for support, care, education, health, and welfare; (4) conserve any excess money of the ward for the ward's future needs, but if a conservator has been appointed for the estate of the ward, the guardian shall pay the money at least quarterly to the conservator to be conserved for the ward's future needs; (5) report the condition of the ward and account for money and other assets in the guardian's possession or subject to the guardian's control, as ordered by the Court on application of any person interested in the ward's welfare or as required by court rule; and (6) inform the Court of any change in the ward's custodial dwelling or address. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 252; amended Jan. 6, 2019, No. 8152, § 1(a) (4), Sess. L. 2018, p. 327.

(a) Except as otherwise limited by the Court, a guardian of a minor ward has the powers of a parent regarding the ward's support, care, education, health, and welfare. (b) A guardian may: (1) apply for and receive money for the support of the ward otherwise payable to the ward's parent, guardian, or custodian under the terms of any statutory system of benefits or insurance or any private contract, devise, trust, conservatorship, or custodianship; (2) if otherwise consistent with the terms of any order by a court of competent jurisdiction relating to custody of the ward, take custody of the ward and establish the ward's place of custodial dwelling, but may only establish or move the ward's custodial dwelling outside the State upon express authorization of the Court; (3) if a conservator for the estate of a ward has not been appointed with existing authority, commence a proceeding, including an administrative proceeding, or take other appropriate action to compel a person to support the ward or to pay money for the benefit of the ward; (4) consent to medical or other care, treatment, or service for the ward; (5) consent to the marriage of the ward; and (6) if reasonable under all of the circumstances, delegate to the ward certain responsibilities for decisions affecting the ward's well-being. (c) The Court may specifically authorize the guardian to consent to the adoption of the ward. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 252, 253.

(a) A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room, board, and clothing provided by the guardian to the ward, but only as approved by the Court. If a conservator, other than the guardian or a person who is affiliated with the guardian, has been appointed for the estate of the ward, reasonable compensation and reimbursement to the guardian may be approved and paid by the conservator without order of the Court. (b) A guardian need not use the guardian's personal funds for the ward's expenses. A guardian is not liable to a third person for acts of the ward solely by reason of the guardianship. A guardian is not liable for injury to the ward resulting from the negligence or act of a third person providing medical or other care, treatment, or service for the ward except to the extent that a parent would be liable under the circumstances. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 253.

Appointment (a) A guardianship of a minor terminates upon the minor's death, adoption, emancipation or attainment of majority or as ordered by the Court. (b) A ward or a person interested in the welfare of a ward may petition for any order that is in the best interest of the ward. The petitioner shall give notice of the hearing on the petition to the ward, if the ward has attained 14 years of age and is not the petitioner, the guardian, and any other person as ordered by the Court. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 253.

A person becomes a guardian of an incapacitated person by a parental or spousal appointment or upon appointment by the Court. The guardianship continues until terminated, without regard to the location of the guardian or ward. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 253.

(a) A parent, by will or other signed writing, may appoint a guardian for an unmarried child who the parent believes is an incapacitated person, specify desired limitations on the powers to be given to the guardian, and revoke or amend the appointment before confirmation by the Court. (b) An individual, by will or other signed writing, may appoint a guardian for the individual's spouse who the appointing spouse believes is an incapacitated person, specify desired limitations on the powers to be given to the guardian, and revoke or amend the appointment before confirmation by the Court. (c) The incapacitated person, the person having care or custody of the incapacitated person if other than the appointing parent or spouse, or the adult nearest kinship to the incapacitated person may file a written objection to an appointment, unless the Court has confirmed the appointment under subsection (d). The filing of the written objection terminates the appointment. An objection may be withdrawn and, if withdrawn, is of no effect. The objection does not preclude judicial appointment of the person selected by the parent or spouse. Notice of the objection must be given to the guardian and any other person entitled to notice of the acceptance of the appointment. The Court may treat the filing of an objection as a petition for the appointment of an emergency guardian under section 5-312 or for the appointment of a limited or unlimited guardian under section 5-304 and proceed accordingly. (d) Upon petition of the appointing parent or spouse, and a finding that appointing parent or spouse will likely become unable to care for the incapacitated person within two years, and after notice as provided in this section, the Court, before the appointment becomes effective, may confirm the appointing parent's or spouse's selection of a guardian and terminate the rights of others to object. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 253, 254.

Effectiveness; Acceptance; Confirmation (a) The appointment of a guardian under section 5-302 becomes effective upon the death of the appointing parent or spouse, the adjudication of incapacity of the appointing parent or spouse, or a written determination by a physician who has examined the appointing parent or spouse that the appointing parent or spouse is no longer able to care for the incapacitated person, whichever first occurs. (b) A guardian appointed under section 5-302 becomes eligible to act upon the filing of an acceptance of appointment, which must be filed within 30 days after the guardian's appointment becomes effective. The guardian shall: (1) file the notice of acceptance of appointment and a copy of the will with the Court of the judicial district in which the will was or could be probated or, in the case of another appointing instrument, file the acceptance of appointment and the appointing instrument with the Court in the judicial division in which the incapacitated person resides or is present; and (2) give written notice of the acceptance of appointment to the appointing parent or spouse if living, the incapacitated person, a person having care or custody of the incapacitated person other than the appointing parent or spouse, and the adult nearest in kinship. (c) Unless the appointment was previously confirmed by the Court, the notice given under subsection (b)(2) must include a statement of the right of those notified to terminate the appointment by filing a written objection as provided in section 5-302. (d) An appointment effected by filing the guardian's acceptance under a will probated in the State of the testator's domicile is effective in the Virgin Islands. (e) Unless the appointment was previously confirmed by the Court, within 30 days after filing the notice and the appointing instrument, a guardian appointed under section 5-302 shall file a petition in the Court for confirmation of the appointment. Notice of the filing must be given in the manner provided in section 5- 309. (f) The authority of a guardian appointed under section 5-302 terminates upon the appointment of a guardian by the Court or the giving of written notice to the guardian of the filing of an objection pursuant to section 5-302, whichever first occurs. (g) The appointment of a guardian under this section is not a determination of incapacity. (h) The powers of a guardian who timely complies with the requirements of subsections (b) and (e) relate back to give acts by the guardian which are of benefit to the incapacitated person and occurred on or after the date the appointment became effective the same effect as those that occurred after the filing of the acceptance of appointment. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 254, 255.

(a) An individual or a person interested in the individual's welfare may petition for a determination of incapacity, in whole or in part, and for the appointment of a limited or unlimited guardian for the individual. (b) The petition must set forth the petitioner's name, residence, current address if different, relationship to the respondent, and interest in the appointment and, to the extent known, state or contain the following with respect to the respondent and the relief requested: (1) the respondent's name, age, principal residence, current street address, and, if different, the address of the dwelling in which it is proposed that the respondent will reside if the appointment is made; (2) the name and address of the respondent's: (A) spouse, or if the respondent has none, an adult with whom the respondent has resided for more than six months before the filing of the petition; and (B) adult children or, if the respondent has none, the respondent's parents and adult brothers and sisters, or if the respondent has none, at least one of the adults nearest in kinship to the respondent who can be found; (3) the name and address of any person responsible for care or custody of the respondent; (4) the name and address of any legal representative of the respondent; (5) the name and address of any person nominated as guardian by the respondent; (6) the name and address of any proposed guardian and the reason why the proposed guardian should be selected; (7) the reason why guardianship is necessary, including a brief description of the nature and extent of the respondent's alleged incapacity; (8) if an unlimited guardianship is requested, the reason why limited guardianship is inappropriate and, if a limited guardianship is requested, the powers to be granted to the limited guardian; and (9) a general statement of the respondent's property with an estimate of its value, including any insurance or pension, and the source and amount of any other anticipated income or receipts. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 255, 256.

(a) Upon receipt of a petition to establish a guardianship, the Court shall set a date and time for hearing the petition and appoint a visitor. The duties and reporting requirements of the visitor are limited to the relief requested in the petition. The visitor must be an individual having training or experience in the type of incapacity alleged. (b) Unless the respondent is represented by a lawyer, the Court shall appoint a lawyer to represent the respondent in the proceeding. (c) The visitor shall interview the respondent in person and, to the extent that the respondent is able to understand: (1) explain to the respondent the substance of the petition, the nature, purpose, and effect of the proceeding, the respondent's rights at the hearing, and the general powers and duties of a guardian; (2) determine the respondent's views about the proposed guardian, the proposed guardian's powers and duties, and the scope and duration of the proposed guardianship; (3) inform the respondent of the right to employ and consult with a lawyer at the respondent's own expense and the right to request a court-appointed lawyer; and (4) inform the respondent that all costs and expenses of the proceeding, including respondent's attorney's fees, will be paid from the respondent's estate. (d) In addition to the duties imposed by subsection (c), the visitor shall: (1) interview the petitioner and the proposed guardian; (2) visit the respondent's present dwelling and any dwelling in which the respondent will live if the appointment is made; (3) obtain information from any physician or other person who is known to have treated, advised, or assessed the respondent's relevant physical or mental condition; and (4) make any other investigation the Court directs. (e) The visitor shall promptly file a report in writing with the Court, which must include: (1) a summary of daily functions the respondent can manage without assistance, could manage with the assistance of supportive services or benefits, including use of appropriate technological assistance, and cannot manage; (2) recommendations regarding the appropriateness of guardianship, including as to whether less restrictive means of intervention are available, the type of guardianship, and, if a limited guardianship, the powers to be granted to the limited guardian; (3) a statement of the qualifications of the proposed guardian, together with a statement as to whether the respondent approves or disapproves of the guardian, and the powers and duties proposed or the scope of the guardianship; (4) a statement as to whether the proposed dwelling meets the respondent's individual needs; (5) a recommendation as to whether a professional evaluation or further evaluation is necessary; and (6) any other matters the Court directs. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 256, 257.

At or before a hearing under this part, the Court may order a professional evaluation of the respondent and shall order the evaluation if the respondent so demands. If the Court orders the evaluation, the respondent must be examined by a physician, psychologist, or other individual appointed by the Court who is qualified to evaluate the respondent's alleged impairment. The examiner shall promptly file a written report with the Court. Unless otherwise directed by the Court, the report must contain: (1) a description of the nature, type, and extent of the respondent's specific cognitive and functional limitations; (2) an evaluation of the respondent's mental and physical condition and, if appropriate, educational potential, adaptive behavior, and social skills; (3) a prognosis for improvement and a recommendation as to the appropriate treatment or habilitation plan; and (4) the date of any assessment or examination upon which the report is based. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 257, 258.

The written report of a visitor and any professional evaluation are confidential and must be sealed upon filing, but are available to: (1) the Court; (2) the respondent without limitation as to use; (3) the petitioner, the visitor, and the petitioner's and respondent's lawyers, for purposes of the proceeding; and (4) other persons for such purposes as the Court may order for good cause. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 258.

Hearing (a) Unless excused by the Court for good cause, the proposed guardian shall attend the hearing. The respondent shall attend and participate in the hearing, unless excused by the Court for good cause. The respondent may present evidence and subpoena witnesses and documents; examine witnesses, including any court-appointed physician, psychologist, or other individual qualified to evaluate the alleged impairment, and the visitor; and otherwise participate in the hearing. The hearing may be held in a location convenient to the respondent and may be closed upon the request of the respondent and a showing of good cause. (b) Any person may request permission to participate in the proceeding. The Court may grant the request, with or without hearing, upon determining that the best interest of the respondent will be served. The Court may attach appropriate conditions to the participation. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 258.

(a) A copy of a petition for guardianship and notice of the hearing on the petition must be served personally on the respondent. The notice must include a statement that the respondent must be physically present unless excused by the Court, inform the respondent of the respondent's rights at the hearing, and include a description of the nature, purpose, and consequences of an appointment. A failure to serve the respondent with a notice substantially complying with this subsection precludes the Court from granting the petition. (b) In a proceeding to establish a guardianship, notice of the hearing must be given to the persons listed in the petition. Failure to give notice under this subsection does not preclude the appointment of a guardian or the making of a protective order. (c) Notice of the hearing on a petition for an order after appointment of a guardian, together with a copy of the petition, must be given to the ward, the guardian, and any other person the Court directs. (d) A guardian shall give notice of the filing of the guardian's report, together with a copy of the report, to the ward and any other person the Court directs. The notice must be delivered or sent within 14 days after the filing of the report. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 258, 259.

(a) Subject to subsection (c), the Court in appointing a guardian shall consider persons otherwise qualified in the following order of priority: (1) a guardian, other than a temporary or emergency guardian, currently acting for the respondent in the Virgin Islands or elsewhere; (2) a person nominated as guardian by the respondent, including the respondent's most recent nomination made in a durable power of attorney, if at the time of the nomination the respondent had sufficient capacity to express a preference; (3) an agent appointed by the respondent under the durable power of attorney for health care; (4) the spouse of the respondent or a person nominated by will or other signed writing of a deceased spouse; (5) an adult child of the respondent; (6) a parent of the respondent, or an individual nominated by will or other signed writing of a deceased parent; and (7) an adult with whom the respondent has resided for more than six months before the filing of the petition. (b) With respect to persons having equal priority, the Court shall select the one it considers best qualified. The Court, acting in the best interest of the respondent, may decline to appoint a person having priority and appoint a person having a lower priority or no priority. (c) An owner, operator, or employee of a long-term-care institution at which the respondent is receiving care may not be appointed as guardian unless related to the respondent by blood, marriage, or adoption. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 259.

(a) The Court may: (1) appoint a limited or unlimited guardian for a respondent only if it finds by clear and convincing evidence that: (A) the respondent is an incapacitated person; and (B) the respondent's identified needs cannot be met by less restrictive means, including use of appropriate technological assistance; or (2) with appropriate findings, treat the petition as one for a protective order under section 5-401, enter any other appropriate order, or dismiss the proceeding. (b) The Court, whenever feasible, shall grant to a guardian only those powers necessitated by the ward's limitations and demonstrated needs and make appointive and other orders that will encourage the development of the ward's maximum self-reliance and independence. (c) Within 14 days after an appointment, a guardian shall send or deliver to the ward and to all other persons given notice of the hearing on the petition a copy of the order of appointment, together with a notice of the right to request termination or modification. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 259, 260.

(a) If the Court finds that compliance with the procedures of this part will likely result in substantial harm to the respondent's health, safety, or welfare, and that no other person appears to have authority and willingness to act in the circumstances, the Court, on petition by a person interested in the respondent's welfare, may appoint an emergency guardian whose authority may not exceed 60 days and who may exercise only the powers specified in the order. Immediately upon receipt of the petition for an emergency guardianship, the Court shall appoint a lawyer to represent the respondent in the proceeding. Except as otherwise provided in subsection (b), reasonable notice of the time and place of a hearing on the petition must be given to the respondent and any other persons as the Court directs. (b) An emergency guardian may be appointed without notice to the respondent and the respondent's lawyer only if the Court finds from affidavit or testimony that the respondent will be substantially harmed before a hearing on the appointment can be held. If the Court appoints an emergency guardian without notice to the respondent, the respondent must be given notice of the appointment within 48 hours after the appointment. The Court shall hold a hearing on the appropriateness of the appointment within five days after the appointment. (c) Appointment of an emergency guardian, with or without notice, is not a determination of the respondent's incapacity. (d) The Court may remove an emergency guardian at any time. An emergency guardian shall make any report the Court requires. In other respects, the provisions of this article concerning guardians apply to an emergency guardian. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 260.

(a) If the Court finds that a guardian is not effectively performing the guardian's duties and that the welfare of the ward requires immediate action, it may appoint a temporary substitute guardian for the ward for a specified period not exceeding six months. Except as otherwise ordered by the Court, a temporary substitute guardian so appointed has the powers set forth in the previous order of appointment. The authority of any unlimited or limited guardian previously appointed by the Court is suspended as long as a temporary substitute guardian has authority. If an appointment is made without previous notice to the ward or the affected guardian, the Court, within five days after appointment, shall inform the ward or guardian of the appointment. (b) The Court may remove a temporary substitute guardian at any time. A temporary substitute guardian shall make any report the Court requires. In other respects, the provisions of this Article concerning guardians apply to a temporary substitute guardian. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 261.

(a) Except as otherwise limited by the Court, a guardian shall make decisions regarding the ward's support, care, education, health, and welfare. A guardian shall exercise authority only as necessitated by the ward's limitations and, to the extent possible, shall encourage the ward to participate in decisions, act on the ward's own behalf, and develop or regain the capacity to manage the ward's personal affairs. A guardian, in making decisions, shall consider the expressed desires and personal values of the ward to the extent known to the guardian. A guardian at all times shall act in the ward's best interest and exercise reasonable care, diligence, and prudence. (b) A guardian shall: (1) become or remain personally acquainted with the ward and maintain sufficient contact with the ward to know of the ward's capacities, limitations, needs, opportunities, and physical and behavioral health; (2) take reasonable care of the ward's personal effects and bring protective proceedings if necessary to protect the property of the ward; (3) expend money of the ward that has been received by the guardian for the ward's current needs for support, care, education, health, and welfare; (4) conserve any excess money of the ward for the ward's future needs, but if a conservator has been appointed for the estate of the ward, the guardian shall pay the money to the conservator, at least quarterly, to be conserved for the ward's future needs; (5) immediately notify the Court if the ward's condition has changed so that the ward is capable of exercising rights previously removed; and (6) inform the Court of any change in the ward's custodial dwelling or address. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 261, 262; amended Jan. 6, 2019, No. 8152, § 1(a)(4), Sess. L. 2018, p. 327.

(a) Except as otherwise limited by the Court, a guardian may: (1) apply for and receive money payable to the ward or the ward's guardian or custodian for the support of the ward under the terms of any statutory system of benefits or insurance or any private contract, devise, trust, conservatorship, or custodianship; (2) if otherwise consistent with the terms of any order by a court of competent jurisdiction relating to custody of the ward, take custody of the ward and establish the ward's place of custodial dwelling, but may only establish or move the ward's place of dwelling outside the Virgin Islands upon express authorization of the Court; (3) if a conservator for the estate of the ward has not been appointed with existing authority, commence a proceeding, including an administrative proceeding, or take other appropriate action to compel a person to support the ward or to pay money for the benefit of the ward; (4) consent to medical or other care, treatment, or service for the ward; (5) consent to the marriage or divorce of the ward; (6) and if reasonable under all of the circumstances, delegate to the ward certain responsibilities for decisions affecting the ward's well-being. (b) The Court may specifically authorize the guardian to consent to the adoption of the ward. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 262.

(a) A guardian is entitled to reasonable compensation for services as guardian and to reimbursement for room, board, and clothing provided to the ward, but only as approved by order of the Court. If a conservator, other than the guardian or one who is affiliated with the guardian, has been appointed for the estate of the ward, reasonable compensation and reimbursement to the guardian may be approved and paid by the conservator without order of the Court. (b) A guardian need not use the guardian's personal funds for the ward's expenses. A guardian is not liable to a third person for acts of the ward solely by reason of the relationship. A guardian who exercises reasonable care in choosing a third person providing medical or other care, treatment, or service for the ward is not liable for injury to the ward resulting from the wrongful conduct of the third party. (c) A guardian, without authorization of the Court, may not revoke a power of attorney for health care of which the ward is the principal. If a power of attorney for health care is in effect, absent an order of the Court to the contrary, a health-care decision of the agent takes precedence over that of a guardian. (d) A guardian may not initiate the commitment of a ward to a behavioral health-care facility except in accordance with the Virgin Islands' procedure for involuntary civil commitment. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 262, 263; amended Jan. 6, 2019, No. 8152, § 1(a)(4), Sess. L. 2018, p. 327.

(a) Within 30 days after appointment, a guardian shall report to the Court in writing on the condition of the ward and account for money and other assets in the guardian's possession or subject to the guardian's control. A guardian shall report at least annually thereafter and whenever ordered by the Court. A report must state or contain: (1) the current mental, physical, and social condition of the ward; (2) the living arrangements for all addresses of the ward during the reporting period; (3) the medical, educational, vocational, and other services provided to the ward and the guardian's opinion as to the adequacy of the ward's care; (4) a summary of the guardian's visits with the ward and activities on the ward's behalf and the extent to which the ward has participated in decision-making; (5) if the ward is institutionalized, whether the guardian considers the current plan for care, treatment, or habilitation to be in the ward's best interest; (6) plans for future care; and (7) a recommendation as to the need for continued guardianship and any recommended changes in the scope of the guardianship. (b) The Court may appoint a visitor to review a report, interview the ward or guardian, and make any other investigation the Court directs. (c) The Court shall establish a system for monitoring guardianships, including the filing and review of annual reports. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 263.

(a) A guardianship terminates upon the death of the ward or upon order of the Court. (b) On petition of a ward, a guardian, or another person interested in the ward's welfare, the Court may terminate a guardianship if the ward no longer needs the assistance or protection of a guardian. The Court may modify the type of appointment or powers granted to the guardian if the extent of protection or assistance previously granted is currently excessive or insufficient or the ward's capacity to provide for support, care, education, health, and welfare has so changed as to warrant that action. (c) Except as otherwise ordered by the Court for good cause, the Court, before terminating a guardianship, shall follow the same procedures to safeguard the rights of the ward as apply to a petition for guardianship. Upon presentation by the petitioner of evidence establishing a prima facie case for termination, the Court shall order the termination unless it is proven that continuation of the guardianship is in the best interest of the ward. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 263, 264.

Upon petition and after notice and hearing, the Court may appoint a limited or unlimited conservator or make any other protective order provided in this part in relation to the estate and affairs of: (1) a minor, if the Court determines that the minor owns money or property requiring management or protection that cannot otherwise be provided or has or may have business affairs that may be put at risk or prevented because of the minor's age, or that money is needed for support and education and that protection is necessary or desirable to obtain or provide money; or (2) any individual, including a minor, if the Court determines that, for reasons other than age: (A) by clear and convincing evidence, the individual is unable to manage property and business affairs because of an impairment in the ability to receive and evaluate information or make decisions, even with the use of appropriate technological assistance, or because the individual is missing, detained, or unable to return to the United States; and (B) by a preponderance of evidence, the individual has property that will be wasted or dissipated unless management is provided or money is needed for the support, care, education, health, and welfare of the individual or of individuals who are entitled to the individual's support and that protection is necessary or desirable to obtain or provide money. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 264.

After the service of notice in a proceeding seeking a conservatorship or other protective order and until termination of the proceeding, the court in which the petition is filed has: (1) exclusive jurisdiction to determine the need for a conservatorship or other protective order; (2) exclusive jurisdiction to determine how the estate of the protected person which is subject to the laws of the Virgin Islands must be managed, expended, or distributed to or for the use of the protected person, individuals who are in fact dependent upon the protected person, or other claimants; and (3) concurrent jurisdiction to determine the validity of claims against the person or estate of the protected person and questions of title concerning assets of the estate. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 264, 265.

Protective Order (a) The following may petition for the appointment of a conservator or for any other appropriate protective order: (1) the person to be protected; (2) an individual interested in the estate, affairs, or welfare of the person to be protected, including a parent, guardian, or custodian; or (3) a person who would be adversely affected by lack of effective management of the property and business affairs of the person to be protected. (b) A petition under subsection (a) must set forth the petitioner's name, residence, current address if different, relationship to the respondent, and interest in the appointment or other protective order, and, to the extent known, state or contain the following with respect to the respondent and the relief requested: (1) the respondent's name, age, principal residence, current street address, and, if different, the address of the dwelling where it is proposed that the respondent will reside if the appointment is made; (2) if the petition alleges impairment in the respondent's ability to receive and evaluate information, a brief description of the nature and extent of the respondent's alleged impairment; (3) if the petition alleges that the respondent is missing, detained, or unable to return to the United States, a statement of the relevant circumstances, including the time and nature of the disappearance or detention and a description of any search or inquiry concerning the respondent's whereabouts; (4) the name and address of the respondent's: (A) spouse or, if the respondent has none, an adult with whom the respondent has resided for more than six months before the filing of the petition; and (B) adult children or, if the respondent has none, the respondent's parents and adult brothers and sisters or, if the respondent has none, at least one of the adults nearest in kinship to the respondent who can be found; (5) the name and address of the person responsible for care or custody of the respondent; (6) the name and address of any legal representative of the respondent; (7) a general statement of the respondent's property with an estimate of its value, including any insurance or pension, and the source and amount of other anticipated income or receipts; and (8) the reason why a conservatorship or other protective order is in the best interest of the respondent. (c) If a conservatorship is requested, the petition must also set forth to the extent known: (1) the name and address of any proposed conservator and the reason why the proposed conservator should be selected; (2) the name and address of any person nominated as conservator by the respondent if the respondent has attained 14 years of age; and (3) the type of conservatorship requested and, if an unlimited conservatorship, the reason why limited conservatorship is inappropriate or, if a limited conservatorship, the property to be placed under the conservator's control and any limitation on the conservator's powers and duties. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 265, 266.

(a) A copy of the petition and the notice of hearing on a petition for conservatorship or other protective order must be served personally on the respondent, but if the respondent's whereabouts is unknown or personal service cannot be made, service on the respondent must be made by substituted service or publication. The notice must include a statement that the respondent must be physically present unless excused by the Court, inform the respondent of the respondent's rights at the hearing, and, if the appointment of a conservator is requested, include a description of the nature, purpose, and consequences of an appointment. A failure to serve the respondent with a notice substantially complying with this subsection precludes the Court from granting the petition. (b) In a proceeding to establish a conservatorship or for another protective order, notice of the hearing must be given to the persons listed in the petition. Failure to give notice under this subsection does not preclude the appointment of a conservator or the making of another protective order. (c) Notice of the hearing on a petition for an order after appointment of a conservator or making of another protective order, together with a copy of the petition, must be given to the protected person, if the protected person has attained 14 years of age and is not missing, detained, or unable to return to the United States, any conservator of the protected person's estate, and any other person as ordered by the Court. (d) A conservator shall give notice of the filing of the conservator's inventory, report, or plan of conservatorship, together with a copy of the inventory, report, or plan of conservatorship to the protected person and any other person the Court directs. The notice must be delivered or sent within 14 days after the filing of the inventory, report, or plan of conservatorship. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 266, 267.

(a) Upon the filing of a petition to establish a conservatorship or for another protective order for the reason that the respondent is a minor, the Court shall set a date for hearing. If the Court determines at any stage of the proceeding that the interests of the minor are or may be inadequately represented, it may appoint a lawyer to represent the minor, giving consideration to the choice of the minor if the minor has attained 14 years of age. (b) While a petition to establish a conservatorship or for another protective order is pending, after preliminary hearing and without notice to others, the Court may make orders to preserve and apply the property of the minor as may be required for the support of the minor or individuals who are in fact dependent upon the minor. The Court may appoint a master to assist in that task. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 267.

(a) Upon the filing of a petition for a conservatorship or other protective order for a respondent for reasons other than being a minor, the Court shall set a date for hearing. The Court shall appoint a visitor unless the petition does not request the appointment of a conservator and the respondent is represented by a lawyer. The duties and reporting requirements of the visitor are limited to the relief requested in the petition. The visitor must be an individual having training or experience in the type of incapacity alleged. (b) Unless the respondent is represented by a lawyer, the Court shall appoint a lawyer to represent the respondent in the proceeding. (c) The visitor shall interview the respondent in person and, to the extent that the respondent is able to understand: (1) explain to the respondent the substance of the petition and the nature, purpose, and effect of the proceeding; (2) if the appointment of a conservator is requested, inform the respondent of the general powers and duties of a conservator and determine the respondent's views regarding the proposed conservator, the proposed conservator's powers and duties, and the scope and duration of the proposed conservatorship; (3) inform the respondent of the respondent's rights, including the right to employ and consult with a lawyer at the respondent's own expense, and the right to request a court-appointed lawyer; and (4) inform the respondent that all costs and expenses of the proceeding, including respondent's attorney's fees, will be paid from the respondent's estate. (d) In addition to the duties imposed by subsection (c), the visitor shall: (1) interview the petitioner and the proposed conservator, if any; and (2) make any other investigation the Court directs. (e) The visitor shall promptly file a report with the Court which must include: (1) recommendations regarding the appropriateness of a conservatorship, including whether less restrictive means of intervention are available, the type of conservatorship, and, if a limited conservatorship, the powers and duties to be granted the limited conservator, and the assets over which the conservator should be granted authority; (2) a statement of the qualifications of the proposed conservator, together with a statement as to whether the respondent approves or disapproves of the proposed conservator, and a statement of the powers and duties proposed or the scope of the conservatorship; (3) a recommendation as to whether a professional evaluation or further evaluation is necessary; and (4) any other matters the Court directs. (f) The Court may also appoint a physician, psychologist, or other individual qualified to evaluate the alleged impairment to conduct an examination of the respondent. (g) While a petition to establish a conservatorship or for another protective order is pending, after preliminary hearing and without notice to others, the Court may issue orders to preserve and apply the property of the respondent as may be required for the support of the respondent or individuals who are in fact dependent upon the respondent. The Court may appoint a master to assist in that task. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 267, 268.

The written report of a visitor and any professional evaluation are confidential and must be sealed upon filing, but are available to: (1) the Court; (2) the respondent without limitation as to use; (3) the petitioner, the visitor, and the petitioner's and respondent's lawyers, for purposes of the proceeding; and (4) other persons for such purposes as the Court may order for good cause. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 268.

(a) Unless excused by the Court for good cause, a proposed conservator shall attend the hearing. The respondent shall attend and participate in the hearing, unless excused by the Court for good cause. The respondent may present evidence and subpoena witnesses and documents, examine witnesses, including any court-appointed physician, psychologist, or other individual qualified to evaluate the alleged impairment, and the visitor, and otherwise participate in the hearing. The hearing may be held in a location convenient to the respondent and may be closed upon request of the respondent and a showing of good cause. (b) Any person may request permission to participate in the proceeding. The Court may grant the request, with or without hearing, upon determining that the best interest of the respondent will be served. The Court may attach appropriate conditions to the participation. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 268, 269.

(a) If a proceeding is brought for the reason that the respondent is a minor, after a hearing on the petition, upon finding that the appointment of a conservator or other protective order is in the best interest of the minor, the Court shall make an appointment or other appropriate protective order. (b) If a proceeding is brought for reasons other than that the respondent is a minor, after a hearing on the petition, upon finding that a basis exists for a conservatorship or other protective order, the Court shall make the least restrictive order consistent with its findings. The Court shall make orders necessitated by the protected person's limitations and demonstrated needs, including appointive and other orders that will encourage the development of maximum self-reliance and independence of the protected person. (c) Within 14 days after an appointment, the conservator shall deliver or send a copy of the order of appointment, together with a statement of the right to seek termination or modification, to the protected person, if the protected person has attained 14 years of age and is not missing, detained, or unable to return to the United States, and to all other persons given notice of the petition. (d) The appointment of a conservator or the entry of another protective order is not a determination of incapacity of the protected person. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 269.

(a) After hearing and upon determining that a basis for a conservatorship or other protective order exists, the Court has the following powers, which may be exercised directly or through a conservator: (1) with respect to a minor for reasons of age, all the powers over the estate and business affairs of the minor which may be necessary for the best interest of the minor and members of the minor's immediate family; and (2) with respect to an adult, or to a minor for reasons other than age, for the benefit of the protected person and individuals who are in fact dependent on the protected person for support, all the powers over the estate and business affairs of the protected person which the person could exercise if the person were an adult, present, and not under conservatorship or other protective order. (b) Subject to section 5-110 requiring endorsement of limitations on the letters of office, the Court may limit at any time the powers of a conservator otherwise conferred and may remove or modify any limitation. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 269, 270.

(a) After notice to interested persons and upon express authorization of the Court, a conservator may: (1) make gifts, except as otherwise provided in section 5-427(b); (2) convey, release, or disclaim contingent and expectant interests in property, including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entireties; (3) exercise or release a power of appointment; (4) create a revocable or irrevocable trust of property of the estate, whether or not the trust extends beyond the duration of the conservatorship, or revoke or amend a trust revocable by the protected person; (5) exercise rights to elect options and change beneficiaries under insurance policies and annuities or surrender the policies and annuities for their cash value; (6) exercise any right to an elective share in the estate of the protected person's deceased spouse and to renounce or disclaim any interest by testate or intestate succession or by transfer inter vivos; and (7) make, amend, or revoke the protected person's will. (b) a conservator, in making, amending, or revoking the protected person's will, shall comply with the requirements chapter 1 of this title. (c) The Court, in exercising or in approving a conservator's exercise of the powers listed in subsection (a), shall consider primarily the decision that the protected person would have made, to the extent that the decision can be ascertained. The Court shall also consider: (1) the financial needs of the protected person and the needs of individuals who are in fact dependent on the protected person for support and the interest of creditors; (2) possible reduction of income, estate, inheritance, or other tax liabilities; (3) eligibility for governmental assistance; (4) the protected person's previous pattern of giving or level of support; (5) the existing estate plan; (6) the protected person's life expectancy and the probability that the conservatorship will terminate before the protected person's death; and (7) any other factors the Court considers relevant. (d) Without authorization of the Court, a conservator may not revoke or amend a durable power of attorney of which the protected person is the principal. If a durable power of attorney is in effect, absent a court order to the contrary, a decision of the agent takes precedence over that of a conservator. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 270, 271.

(a) If a basis is established for a protective order with respect to an individual, the Court, without appointing a conservator, may: (1) authorize, direct, or ratify any transaction necessary or desirable to achieve any arrangement for security, service, or care meeting the foreseeable needs of the protected person, including: (A) payment, delivery, deposit, or retention of funds or property; (B) sale, mortgage, lease, or other transfer of property; (C) purchase of an annuity; (D) making a contract for life care, deposit contract, or contract for training and education; or (E) addition to or establishment of a suitable trust; and (2) authorize, direct, or ratify any other contract, trust, will, or transaction relating to the protected person's property and business affairs, including a settlement of a claim, upon determining that it is in the best interest of the protected person. (b) In deciding whether to approve a protective arrangement or other transaction under this section, the Court shall consider the factors described in section 5-411(c). (c) The Court may appoint a master to assist in the accomplishment of any protective arrangement or other transaction authorized under this section. The master has the authority conferred by the order and shall serve until discharged by order after report to the Court. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 271.

(a) Except as otherwise provided in subsection (d), the Court, in appointing a conservator, shall consider persons otherwise qualified in the following order of priority: (1) a conservator, guardian of the estate, or other like fiduciary appointed or recognized by an appropriate court of any other jurisdiction in which the protected person resides; (2) a person nominated as conservator by the respondent, including the respondent's most recent nomination made in a durable power of attorney, if the respondent has attained 14 years of age and at the time of the nomination had sufficient capacity to express a preference; (3) an agent appointed by the respondent to manage the respondent's property under a durable power of attorney; (4) the spouse of the respondent; (5) an adult child of the respondent; (6) a parent of the respondent; (7) and an adult with whom the respondent has resided for more than six months before the filing of the petition. (b) A person having priority under subsection (a)(1), (4), (5), or (6) may designate in writing a substitute to serve instead and thereby transfer the priority to the substitute. (c) With respect to persons having equal priority, the Court shall select the one it considers best qualified. The Court, acting in the best interest of the protected person, may decline to appoint a person having priority and appoint a person having a lower priority or no priority. (d) An owner, operator, or employee of a long-term care facility at which the respondent is receiving care may not be appointed as conservator unless related to the respondent by blood, marriage, or adoption. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 271, 272.

(a) A protected person or a person interested in the welfare of a protected person may file a petition in the appointing Court for an order: (1) requiring bond or collateral or additional bond or collateral, or reducing bond; (2) requiring an accounting for the administration of the protected person's estate; (3) directing distribution; (4) removing the conservator and appointing a temporary or successor conservator; (5) modifying the type of appointment or powers granted to the conservator if the extent of protection or management previously granted is currently excessive or insufficient or the protected person's ability to manage the estate and business affairs has so changed as to warrant the action; or (6) granting other appropriate relief. (b) A conservator may petition the appointing Court for instructions concerning fiduciary responsibility. (c) Upon notice and hearing the petition, the Court may give appropriate instructions and make any appropriate order. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 272, 273.

The Court may require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the conservatorship according to law, with sureties as it may specify. Unless otherwise directed by the Court, the bond must be in the amount of the aggregate capital value of the property of the estate in the conservator's control, plus one year's estimated income, and minus the value of assets deposited under arrangements requiring an order of the Court for their removal and the value of any real property that the fiduciary, by express limitation, lacks power to sell or convey without court authorization. The Court, in place of sureties on a bond, may accept collateral for the performance of the bond, including a pledge of securities or a mortgage of real property. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 273.

(a) The following rules apply to any bond required: (1) Except as otherwise provided by the terms of the bond, sureties and the conservator are jointly and severally liable. (2) By executing the bond of a conservator, a surety submits to the jurisdiction of the court that issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator in which the surety is named as a party. Notice of any proceeding must be sent or delivered to the surety at the address shown in the court records at the place where the bond is filed and to any other address then known to the petitioner. (3) On petition of a successor conservator or any interested person, a proceeding may be brought against a surety for breach of the obligation of the bond of the conservator. (4) The bond of the conservator may be proceeded against until liability under the bond is exhausted. (b) A proceeding may not be brought against a surety on any matter as to which an action or proceeding against the primary obligor is barred. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 273.

If not otherwise compensated for services rendered, a guardian, conservator, lawyer for the respondent, lawyer whose services resulted in a protective order or in an order beneficial to a protected person's estate, or any other person appointed by the Court is entitled to reasonable compensation from the estate. Compensation may be paid and expenses reimbursed without court order. If the Court determines that the compensation is excessive or the expenses are inappropriate, the excessive or inappropriate amount must be repaid to the estate. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 273.

(a) A conservator, in relation to powers conferred by this part or implicit in the title acquired by virtue of the proceeding, is a fiduciary and shall observe the standards of care applicable to a trustee. (b) A conservator may exercise authority only as necessitated by the limitations of the protected person, and to the extent possible, shall encourage the person to participate in decisions, act in the person's own behalf, and develop or regain the ability to manage the person's estate and business affairs. (c) Within 60 days after appointment, a conservator shall file with the appointing Court a plan for protecting, managing, expending, and distributing the assets of the protected person's estate. The plan must be based on the actual needs of the person and take into consideration the best interest of the person. The conservator shall include in the plan steps to develop or restore the person's ability to manage the person's property, an estimate of the duration of the conservatorship, and projections of expenses and resources. (d) In investing an estate, selecting assets of the estate for distribution, and invoking powers of revocation or withdrawal available for the use and benefit of the protected person and exercisable by the conservator, a conservator shall take into account any estate plan of the person known to the conservator and may examine the will and any other donatives, nominative, or other appointive instrument of the person. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 274.

(a) Within 60 days after appointment, a conservator shall prepare and file with the appointing Court a detailed inventory of the estate subject to the conservatorship, together with an oath or affirmation that the inventory is believed to be complete and accurate as far as information permits. (b) A conservator shall keep records of the administration of the estate and make them available for examination on reasonable request of an interested person. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 274.

(a) A conservator shall report to the Court for administration of the estate annually unless the Court otherwise directs, upon resignation or removal, upon termination of the conservatorship, and at other times as the Court directs. An order, after notice and hearing, allowing an intermediate report of a conservator adjudicates liabilities concerning the matters adequately disclosed in the accounting. An order, after notice and hearing, allowing a final report adjudicates all previously unsettled liabilities relating to the conservatorship. (b) A report must contain: (1) a list of the assets of the estate under the conservator's control and a list of the receipts, disbursements, and distributions during the period for which the report is made; (2) a list of the services provided to the protected person; and (3) any recommended changes in the plan for the conservatorship as well as a recommendation as to the continued need for conservatorship and any recommended changes in the scope of the conservatorship. (c) The Court may appoint a visitor to review a report or plan, interview the protected person or conservator, and make any other investigation the Court directs. In connection with a report, the Court may order a conservator to submit the assets of the estate to an appropriate examination to be made in a manner the Court directs. (d) The Court shall establish a system for monitoring conservatorships, including the filing and review of conservators' reports and plans. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 274, 275.

(a) The appointment of a conservator vests title in the conservator as trustee to all property of the protected person, or to the part thereof specified in the order, held at the time of appointment or thereafter acquired. An order vesting title in the conservator to only a part of the property of the protected person creates a conservatorship limited to assets specified in the order. (b) Letters of conservatorship are evidence of vesting title of the protected person's assets in the conservator. An order terminating a conservatorship transfers title to assets remaining subject to the conservatorship, including any described in the order, to the formerly protected person or the person's successors. (c) Subject to the requirements of other statutes governing the filing or recordation of documents of title to land or other property, letters of conservatorship and orders terminating conservatorships may be filed or recorded to give notice of title as between the conservator and the protected person. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 275.

(a) Except as otherwise provided in subsections (c) and (d), the interest of a protected person in property vested in a conservator is not transferable or assignable by the protected person. An attempted transfer or assignment by the protected person, although ineffective to affect property rights, may give rise to a claim against the protected person for restitution or damages which, subject to presentation and allowance, may be satisfied as provided in section 5-429. (b) Property vested in a conservator by appointment and the interest of the protected person in that property are not subject to levy, garnishment, or similar process for claims against the protected person unless allowed under section 5-429. (c) A person without knowledge of the conservatorship who in good, faith and for security or substantially equivalent value receives delivery from a protected person of tangible personal property of a type normally transferred by delivery of possession, is protected as if the protected person or transferee had valid title. (d) A third party who deals with the protected person with respect to property vested in a conservator is entitled to any protection provided in other law. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 275, 276.

Interest Any transaction involving the conservatorship estate which is affected by a substantial conflict between the conservator's fiduciary and personal interests is voidable unless the transaction is expressly authorized by the Court after notice to interested persons. A transaction affected by a substantial conflict between personal and fiduciary interests includes any sale, encumbrance, or other transaction involving the conservatorship estate entered into by the conservator, the spouse, descendant, agent, or lawyer of a conservator, or a corporation or other enterprise in which the conservator has a substantial beneficial interest. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 276.

(a) A person who assists or deals with a conservator in good faith and for value in any transaction other than one requiring a court order under section 5-410 or section 5-411 is protected as though the conservator properly exercised the power. That a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or the propriety of its exercise, but restrictions on powers of conservators which are endorsed on letters as provided in section 5-110 are effective as to third persons. A person who pays or delivers assets to a conservator is not responsible for their proper application. (b) Protection provided by this section extends to any procedural irregularity or jurisdictional defect that occurred in proceedings leading to the issuance of letters and is not a substitute for protection provided to persons assisting or dealing with a conservator by comparable provisions in other law relating to commercial transactions or to simplifying transfers of securities by fiduciaries. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 276.

(a) Except as otherwise qualified or limited by the Court in its order of appointment and endorsed on the letters, a conservator has all of the powers granted in this section and any additional powers granted by law to a trustee in the Virgin Islands. (b) A conservator, acting reasonably and in an effort to accomplish the purpose of the appointment, and without further court authorization or confirmation, may: (1) collect, hold, and retain assets of the estate, including assets in which the conservator has a personal interest and real property in another State, until the conservator considers that disposition of an asset should be made; (2) receive additions to the estate; (3) continue or participate in the operation of any business or other enterprise; (4) acquire an undivided interest in an asset of the estate in which the conservator, in any fiduciary capacity, holds an undivided interest; (5) invest assets of the estate as though the conservator were a trustee; (6) deposit money of the estate in a financial institution, including one operated by the conservator; (7) acquire or dispose of an asset of the estate, including real property in another state, for cash or on credit, at public or private sale, and manage, develop, improve, exchange, partition, change the character of, or abandon an asset of the estate; (8) make ordinary or extraordinary repairs or alterations in buildings or other structures, demolish any improvements, and raze existing or erect new party walls or buildings; (9) subdivide, develop, or dedicate land to public use, make or obtain the vacation of plats and adjust boundaries, adjust differences in valuation or exchange or partition by giving or receiving considerations, and dedicate easements to public use without consideration; (10) enter for any purpose into a lease as lessor or lessee, with or without option to purchase or renew, for a term within or extending beyond the term of the conservatorship; (11) enter into a lease or arrangement for exploration and removal of minerals or other natural resources or enter into a pooling or unitization agreement; (12) grant an option involving disposition of an asset of the estate and take an option for the acquisition of any asset; (13) vote a security, in person or by general or limited proxy; (14) pay calls, assessments, and any other sums chargeable or accruing against or on account of securities; (15) sell or exercise stock subscription or conversion rights; (16) consent, directly or through a committee or other agent, to the reorganization, consolidation, merger, dissolution, or liquidation of a corporation or other business enterprise; (17) hold a security in the name of a nominee or in other form without disclosure of the conservatorship so that title to the security may pass by delivery; (18) insure the assets of the estate against damage or loss and the conservator against liability with respect to a third person; (19) borrow money, with or without security, to be repaid from the estate or otherwise and advance money for the protection of the estate or the protected person and for all expenses, losses, and liability sustained in the administration of the estate or because of the holding or ownership of any assets, for which the conservator has a lien on the estate as against the protected person for advances so made; (20) pay or contest any claim, settle a claim by or against the estate or the protected person by compromise, arbitration, or otherwise, and release, in whole or in part, any claim belonging to the estate to the extent the claim is uncollectible; (21) pay taxes, assessments, compensation of the conservator and any guardian, and other expenses incurred in the collection, care, administration, and protection of the estate; (22) allocate items of income or expense to income or principal of the estate, as provided by other law, including creation of reserves out of income for depreciation, obsolescence, or amortization or for depletion of minerals or other natural resources; (23) pay any sum distributable to a protected person or individual who is in fact dependent on the protected person by paying the sum to the distributee or by paying the sum for the use of the distributee: (A) to the guardian of the distributee; (B) to a distributee's custodian under the Uniform Transfers to Minors Act; or (C) if there is no guardian, custodian, or custodial trustee, to a relative or other person having physical custody of the distributee; (24) prosecute or defend actions, claims, or proceedings in any jurisdiction for the protection of assets of the estate and of the conservator in the performance of fiduciary duties; and (25) execute and deliver all instruments that will accomplish or facilitate the exercise of the powers vested in the conservator. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 276-279.

(a) A conservator may not delegate to an agent or another conservator the entire administration of the estate, but a conservator may otherwise delegate the performance of functions that a prudent trustee of comparable skills may delegate under similar circumstances. (b) The conservator shall exercise reasonable care, skill, and caution in: (1) selecting an agent; (2) establishing the scope and terms of a delegation, consistent with the purposes and terms of the conservatorship; (3) periodically reviewing an agent's overall performance and compliance with the terms of the delegation; and (4) redressing an action or decision of an agent which would constitute a breach of trust if performed by the conservator. (c) A conservator who complies with subsections (a) and (b) is not liable to the protected person or to the estate for the decisions or actions of the agent to whom a function was delegated. (d) In performing a delegated function, an agent shall exercise reasonable care to comply with the terms of the delegation. (e) By accepting a delegation from a conservator subject to the law of the Virgin Islands an agent submits to the jurisdiction of the courts of the Virgin Islands. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 279.

(a) Unless otherwise specified in the order of appointment and endorsed on the letters of appointment or contrary to the plan filed pursuant to section 5-418, a conservator may expend or distribute income or principal of the estate of the protected person without further court authorization or confirmation for the support, care, education, health, and welfare of the protected person and individuals who are in fact dependent on the protected person, including the payment of child or spousal support, in accordance with the following rules: (1) A conservator shall consider recommendations relating to the appropriate standard of support, care, education, health, and welfare for the protected person or an individual who is in fact dependent on the protected person made by a guardian, if any, and, if the protected person is a minor, the conservator shall consider recommendations made by a parent. (2) A conservator may not be surcharged for money paid to persons furnishing support, care, education, or benefit to a protected person, or an individual who is in fact dependent on the protected person, in accordance with the recommendations of a parent or guardian of the protected person unless the conservator knows that the parent or guardian derives personal financial benefit therefrom, including relief from any personal duty of support, or the recommendations are not in the best interest of the protected person. (3) In making distributions under this subsection, the conservator shall consider: (A) the size of the estate, the estimated duration of the conservatorship, and the likelihood that the protected person, at some future time, may be fully self-sufficient and able to (B) the accustomed standard of living of the protected person and individuals who are in fact dependent on the protected person; and (C) other money or sources used for the support of the protected person. (4) Money expended under this subsection may be paid by the conservator to any person, including the protected person, as reimbursement for expenditures that the conservator might have made, or in advance for services to be rendered to protected person if it is reasonable to expect the services will be performed and advance payments are customary or reasonably necessary under the circumstances. (b) If an estate is ample to provide for the distributions authorized by subsection (a), a conservator for a protected person other than a minor may make gifts that the protected person might have been expected to make, in amounts that do not exceed in the aggregate for any calendar year 20 percent of the income of the estate in that year. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 279, 280.

(a) If a protected person dies, the conservator shall deliver to the Court for safekeeping any will of the protected person which may have come into the conservator's possession, inform the personal representative or beneficiary named in the will of the delivery, and retain the estate for delivery to the personal representative of the decedent or to another person entitled to it. (b) If a personal representative has not been appointed within 40 days after the death of a protected person and an application or petition for appointment is not before the Court, the conservator may apply to exercise powers and duties of a personal representative in order to administer and distribute the decedent's estate. Upon application for an order conferring upon the conservator the powers of a personal representative, after notice given by the conservator to any person nominated as personal representative by any will of which the applicant is aware, the Court may grant the application upon determining that there is no objection and endorse the letters of conservatorship to note that the formerly protected person is deceased and that the conservator has acquired all of the powers and duties of a personal representative. (c) The issuance of an order under this section has the effect of an order of appointment of a personal representative. However, the estate in the name of the conservator, after administration, may be distributed to the decedent's successors without retransfer to the conservator as personal representative. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 280, 281.

(a) A conservator may pay, or secure by encumbering assets of the estate, claims against the estate or against the protected person arising before or during the conservatorship upon their presentation and allowance in accordance with the priorities stated in subsection (d). A claimant may present a claim by: (1) sending or delivering to the conservator a written statement of the claim, indicating its basis, the name and address of the claimant, and the amount claimed; or (2) filing a written statement of the claim, in a form acceptable to the Court, with the clerk of Court and sending or delivering a copy of the statement to the conservator. (b) A claim is deemed presented on receipt of the written statement of claim by the conservator or the filing of the claim with the Court, whichever first occurs. A presented claim is allowed if it is not disallowed by written statement sent or delivered by the conservator to the claimant within 60 days after its presentation. The conservator before payment may change an allowance to a disallowance in whole or in part, but not after allowance under a court order or judgment or an order directing payment of the claim. The presentation of a claim tolls the running of any statute of limitations relating to the claim until 30 days after its disallowance. (c) A claimant whose claim has not been paid may petition the Court for determination of the claim at any time before it is barred by a statute of limitations and, upon due proof, procure an order for its allowance, payment, or security by encumbering assets of the estate. If a proceeding is pending against a protected person at the time of appointment of a conservator or is initiated against the protected person thereafter, the moving party shall give to the conservator notice of any proceeding that could result in creating a claim against the estate. (d) If it appears that the estate is likely to be exhausted before all existing claims are paid, the conservator shall distribute the estate in money or in kind in payment of claims in the following order: (1) costs and expenses of administration; (2) claims of the federal or state government having priority under other law; (3) claims incurred by the conservator for support, care, education, health, and welfare previously provided to the protected person or individuals who are in fact dependent on the protected person; (4) claims arising before the conservatorship; and (5) all other claims. (e) Preference may not be given in the payment of a claim over any other claim of the same class, and a claim due and payable may not be preferred over a claim not due. (f) If assets of the conservatorship are adequate to meet all existing claims, the Court, acting in the best interest of the protected person, may order the conservator to grant a security interest in the conservatorship estate for the payment of any or all claims at a future date. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 281, 282.

(a) Except as otherwise agreed, a conservator is not personally liable on a contract properly entered into in a fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal in the contract the representative capacity and identify the estate. (b) A conservator is personally liable for obligations arising from ownership or control of property of the estate or for other acts or omissions occurring in the course of administration of the estate only if personally at fault. (c) Claims based on contracts entered into by a conservator in a fiduciary capacity, obligations arising from ownership or control of the estate, and claims based on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in a fiduciary capacity, whether or not the conservator is personally liable therefor. (d) A question of liability between the estate and the conservator personally may be determined in a proceeding for accounting, surcharge, or indemnification, or in another appropriate proceeding or action. (e) A conservator is not personally liable for any environmental condition on or injury resulting from any environmental condition on land solely by reason of an acquisition of title under section 5-421. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 282.

(a) A conservatorship terminates upon the death of the protected person or upon order of the Court. Unless created for reasons other than that the protected person is a minor, a conservatorship created for a minor also terminates when the protected person attains majority or is emancipated. (b) Upon the death of a protected person, the conservator shall conclude the administration of the estate by distribution to the person's successors. The conservator shall file a final report and petition for discharge within 30 days after distribution. (c) On petition of a protected person, a conservator, or another person interested in a protected person's welfare, the Court may terminate the conservatorship if the protected person no longer needs the assistance or protection of a conservator. Termination of the conservatorship does not affect a conservator's liability for previous acts or the obligation to account for funds and assets of the protected person. (d) Except as otherwise ordered by the Court for good cause, before terminating a conservatorship, the Court shall follow the same procedures to safeguard the rights of the protected person that apply to a petition for conservatorship. Upon the establishment of a prima facie case for termination, the Court shall order termination unless it is proved that continuation of the conservatorship is in the best interest of the protected person. (e) Upon termination of a conservatorship and whether or not formally distributed by the conservator, title to assets of the estate passes to the formerly protected person or the person's successors. The order of termination must provide for expenses of administration and direct the conservator to execute appropriate instruments to evidence the transfer of title or confirm a distribution previously made and to file a final report and a petition for discharge upon approval of the final report. (f) The Court shall enter a final order of discharge upon the approval of the final report and satisfaction by the conservator of any other conditions placed by the Court on the conservator's discharge. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 282, 283.

Conservator Without Local Proceeding (a) A person who is indebted to or has the possession of tangible or intangible property of a protected person may pay the debt or deliver the property to a foreign conservator, guardian of the estate, or other court-appointed fiduciary of the State of residence of the protected person. Payment or delivery may be made only upon proof of appointment and presentation of an affidavit made by or on behalf of the fiduciary stating that a protective proceeding relating to the protected person is not pending in the Virgin Islands and the foreign fiduciary is entitled to payment or to receive delivery. (b) Payment or delivery in accordance with subsection (a) discharges the debtor or possessor, absent knowledge of any protective proceeding pending in the Virgin Islands. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 283.

If a conservator has not been appointed in the Virgin Islands and a petition in a protective proceeding is not pending in the Virgin Islands, a conservator appointed in the jurisdiction in which the protected person resides may file in a court of the Virgin Islands, in a judicial division in which property belonging to the protected person is located, authenticated copies of letters of appointment and of any bond. Thereafter, the conservator may exercise all powers of a conservator appointed in the Virgin Islands as to property in the Virgin Islands and may maintain actions and proceedings in the Virgin Islands subject to any conditions otherwise imposed upon nonresident parties. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 283, 284.

(a) Article V, parts 1-4 apply to guardianship proceedings commenced on or after their effective date. (b) This article must be liberally construed and applied to promote its underlying purposes and policy and to make uniform the laws with respect to the subject of this article among the jurisdictions enacting it. (c) Unless displaced by the particular provisions of this article, the principles of law and equity supplement its provisions. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 284.

This part may be cited as the Virgin Islands Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 284.

In this part: (1) "Adult" means an individual who has attained 18 years of age. (2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under part 4 of this article. (3) "Court" or "Family Division" means the Family Division of the Superior Court of the Virgin Islands. (4) "Guardian" means a person appointed by the court to make decisions regarding the person of an adult, including a person appointed under this article. (5) "Guardianship order" means an order appointing a guardian. (6) "Guardianship proceeding" means a judicial proceeding in which an order for the appointment of a guardian is sought or has been issued. (7) "Incapacitated person" means an adult for whom a guardian has been appointed. (8) "Party" means the respondent, petitioner, guardian, conservator, or any other person allowed by the court to participate in a guardianship or protective proceeding. (9) "Person," except in the term, "incapacitated person" or "protected person", means an individual, corporation, business trust, estate, trust, partnership, limited liability company association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. (10) "Protected person" means an adult for whom a protective order has been issued. (11) "Protective order" means an order appointing a conservator or other order related to management of an adult's property. (12) "Protective proceeding" means a judicial proceeding in which a protective order is sought or has been issued. (13) "Record" means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form. (14) "Respondent" means an adult for whom a protective order or the appointment of a guardian is sought. (15) "State" means a state of the United States, the District of Columbia, Puerto Rico, the Virgin Islands, a federally recognized Indian tribe, or any territory or insular possession subject to the jurisdiction of the United States. (16) "Territory" means the Virgin Islands, as defined in section 2(a) of the Revised Organic Act of the Virgin Islands. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 284, 285.

The Court may treat a foreign country as if it were a state for the purpose of applying this chapter. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 285.

(a) The Court may communicate with a court in another state concerning a proceeding arising under this chapter. The Court may allow the parties to participate in the communication. Except as otherwise provided in subsection (b), the Court shall make a record of the communication. The record may be limited to the fact that the communication occurred. (b) The Court may communicate with courts in other states concerning schedules, calendars, court records, and other administrative matters without making a record. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 285.

(a) In a guardianship or protective proceeding in this Territory, the Court may request the appropriate court of another state to do any of the following: (1) hold an evidentiary hearing; (2) order a person in that state to produce evidence or give testimony pursuant to procedures of that state; (3) order that an evaluation or assessment be made of the respondent; (4) order any appropriate investigation of a person involved in a proceeding; (5) forward to Court a certified copy of the transcript or other record of a hearing under paragraph (1) or any oparagraph (1)oceeding, any evidence otherwise produced under paragraph (2), and anyparagraph (2)tion or assessment prepared in compliance with an order under paragraph (3) or (4); (6) issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the Court to make a determination, including the respondent or the incapacitated or protected person; or (7) issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 C.F.R160.103. (b) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in subsection (a), the Family Division has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 285, 286.

(a) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The Court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken. (b) In a guardianship or protective proceeding, the Court may permit a witness located in another state to be deposed or to testify by telephone or audio-visual or other electronic means. The Family Division shall cooperate with the court of the other state in designating an appropriate location for the deposition or testimony. (c) Documentary evidence transmitted from another state to the Court by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 286.

(a) In this subpart: (1) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare, and for which the appointment of a guardian is necessary because no other person has authority and is willing to act on the respondent's behalf. (2) "Home state" means the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months immediately before the filing of a petition for a protective order or the appointment of a guardian; or if none, the state in which the respondent was physically present, including any period of temporary absence, for at least six consecutive months ending within the six months prior to the filing of the petition. (3) "Significant-connection state" means a state, other than the home state, with which a respondent has a significant connection other than mere physical presence and in which substantial evidence concerning the respondent is available. (b) In determining under sections 5-453 and 5-461(e) whether a respondent has a significant connection with a particular state, the Court shall consider: (1) The location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding; (2) The length of time the respondent at any time was physically present in the state and the duration of any absence; (3) The location of the respondent's property; and (4) The extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver's license, social relationship, and receipt of services. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 286, 287.

This subpart provides the exclusive jurisdictional basis for the Court to appoint a guardian or issue a protective order for an adult. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 287.

The Court has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) The Virgin Islands is the respondent's home state; (2) On the date the petition is filed, the Territory is a significant-connection state and: (A) The respondent does not have a home state, or a court of the respondent's home state has declined to exercise jurisdiction because this Territory is a more appropriate forum; or (B) The respondent has a home state, a petition for an appointment or order is not pending in a court of that state or another significant-connection state, and, before the Family Division makes the appointment or issues the order: (i) a petition for an appointment or order is not filed in the respondent's home state; (ii) an objection to the court's jurisdiction is not filed by a person required to be notified of the proceeding; and; (iii) the Family Division concludes that it is an appropriate forum under the factors set forth in section 5-456; (3) This Territory does not have jurisdiction under either paragraph (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this Territory is the more appropriate forum, and jurisdiction in the Territory is consistent with the Revised Organic of the Virgin Islands and the Constitution of the United States; or (4) The requirements for special jurisdiction under section 5-454 are met. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 287, 288.

(a) A court of the Virgin Islands lacking jurisdiction under section 5-453(1) through (3) has special jurisdiction to do any of the following: (1) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state; (2) issue a protective order with respect to real or tangible personal property located in the Virgin Islands; (3) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to section 5-461. (b) If a petition for the appointment of a guardian in an emergency is brought in the Virgin Islands and the Virgin Islands was not the respondent's home state on the date the petition was filed, the Court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 288.

Except as otherwise provided in section 5-454, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 288.

(a) A court of the Virgin Islands having jurisdiction under section 5-453 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (b) If the Court declines to exercise its jurisdiction under subsection (a), it shall either dismiss or stay the proceeding. The Court may impose any condition the Court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be filed promptly in another state. (c) In determining whether it is an appropriate forum, the Court shall consider all relevant factors, including: (1) any expressed preference of the respondent; (2) whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation; (3) the length of time the respondent was physically present in or was a legal resident of this or another state; (4) the distance of the respondent from the court in each state; (5) the financial circumstances of the respondent's estate; (6) the nature and location of the evidence; (7) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence; (8) the familiarity of the court of each state with the facts and issues in the proceeding; and (9) if an appointment were made, the court's ability to monitor the conduct of the guardian or conservator. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 288, 289.

(a) If at any time the Court determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the Court may: (1) decline to exercise jurisdiction; (2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure the health, safety, and welfare of the respondent or the protection of the respondent's property or prevent a repetition of the unjustifiable conduct, including staying the proceeding until a petition for the appointment of a guardian or issuance of a protective order is filed in a court of another state having jurisdiction; or (3) continue to exercise jurisdiction after considering: (A) the extent to which the respondent and all persons required to be notified of the proceedings have acquiesced in the exercise of the court's jurisdiction; (B) whether it is a more appropriate forum than the court of any other state under the factors set forth in section 5-456(c); and (C) whether the court of any other state would have jurisdiction under factual circumstances in substantial conformity with the jurisdictional standards of section 5-453. (b) If the Court determines that it acquired jurisdiction to appoint a guardian or issue a protective order because a party seeking to invoke its jurisdiction engaged in unjustifiable conduct, it may assess against that party necessary and reasonable expenses, including attorney's fees, investigative fees, court costs, communication expenses, witness fees and expenses, and travel expenses. The Court may not assess fees, costs, or expenses of any kind against Government of the Virgin Islands or a department, agency, or instrumentality of the Government unless authorized by law other than this part. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 289, 290.

If a petition for the appointment of a guardian or issuance of a protective order is brought in the Virgin Islands and the Virgin Islands was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of the Virgin Islands, notice of the petition must be given to those persons who would be entitled to notice of the petition if a proceeding were brought in the respondent's home state. The notice must be given in the same manner as notice is required to be given in the Virgin Islands. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 290.

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in the Virgin Islands under section 5-454(a)(1) or (a)(2), if a petition for the appointment of a guardian or issuance of a protective order is filed in the Virgin Islands and in another state and neither petition has been dismissed or withdrawn, the following rules apply: (1) If the Family Division has jurisdiction under section 5-453, it may proceed with the case unless a court in another state acquires jurisdiction under provisions similar to section 5-453 before the appointment or issuance of the order. (2) If the Family Division does not have jurisdiction under section 5-453, whether at the time the petition is filed or at any time before the appointment or issuance of the order, the Family Division shall stay the proceeding and communicate with the court in the other state. If the court in the other state has jurisdiction, the Family Division shall dismiss the petition unless the court in the other state determines that the Family Division is a more appropriate forum. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 290, 291.

(a) A guardian or conservator appointed in the Virgin Islands may petition the Court to transfer the guardianship or conservatorship to another state. (b) Notice of a petition under subsection (a) must be given to the persons that would be entitled to notice of a petition in the Virgin Islands for the appointment of a guardian or conservator. (c) On the Court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the petition, the Court shall hold a hearing on a petition filed pursuant to subsection (a). (d) The Court shall issue an order provisionally granting a petition to transfer a guardianship and shall direct the guardian to petition for guardianship in the other state if the Court is satisfied that the guardianship will be accepted by the court in the other state and the Family Division finds that: (1) the incapacitated person is physically present in or is reasonably expected to move permanently to the other state; (2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the incapacitated person; and (3) plans for care and services for the incapacitated person in the other state are reasonable and sufficient. (e) The Court shall issue a provisional order granting a petition to transfer a conservatorship and shall direct the conservator to petition for conservatorship in the other state if the Court is satisfied that the conservatorship will be accepted by the court of the other state and the court finds that: (1) the protected person is physically present in or is reasonably expected to move permanently to the other state, or the protected person has a significant connection to the other state considering the factors in section 5-451(b); (2) an objection to the transfer has not been made or, if an objection has been made, the objector has not established that the transfer would be contrary to the interests of the protected person; and (3) adequate arrangements will be made for management of the protected person's property. (f) The Court shall issue a final order confirming the transfer and terminating the guardianship or conservatorship upon its receipt of: (1) a provisional order accepting the proceeding from the court to which the proceeding is to be transferred which is issued under provisions similar to section 5-462; and (2) the documents required to terminate a guardianship or conservatorship in the Territory. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 291, 292.

Another State (a) To confirm transfer of a guardianship or conservatorship transferred to the Virgin Islands under provisions similar to section 5-461, the guardian or conservator must petition the Family Division to accept the guardianship or conservatorship. The petition must include a certified copy of the other state's provisional order of transfer. (b) Notice of a petition under subsection (a) must be given to those persons that would be entitled to notice if the petition were a petition for the appointment of a guardian or issuance of a protective order in both the transferring state and the Virgin Islands. The notice must be given in the same manner as notice is required to be given in the Virgin Islands. (c) On the Court's own motion or on request of the guardian or conservator, the incapacitated or protected person, or other person required to be notified of the proceeding, the Court shall hold a hearing on a petition filed pursuant to subsection (a). (d) The Court shall issue an order provisionally granting a petition filed under subsection (a) unless: (1) an objection is made and the objector establishes that transfer of the proceeding would be contrary to the interests of the incapacitated or protected person; or (2) the guardian or conservator is ineligible for appointment in the Virgin Islands. (e) The Court shall issue a final order accepting the proceeding and appointing the guardian or conservator as guardian or conservator in the Virgin Islands upon its receipt from the court from which the proceeding is being transferred of a final order issued under provisions similar to section 5-461 transferring the proceeding to the Virgin Islands. (f) Not later than 90 days after issuance of a final order accepting transfer of a guardianship or conservatorship, the Court shall determine whether the guardianship or conservatorship needs to be modified to conform to Virgin Islands law. (g) In granting a petition under this section, the Court shall recognize a guardianship or conservatorship order from the other state, including the determination of the incapacitated or protected person's incapacity and the appointment of the guardian or conservator. (h) The denial by Court of a petition to accept a guardianship or conservatorship transferred from another state does not affect the ability of the guardian or conservator to seek appointment as guardian or conservator in Virgin Islands under this article, if the Court has jurisdiction to make an appointment other than by reason of the provisional order of transfer. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 292, 293.

If a guardian has been appointed in another state and a petition for the appointment of a guardian is not pending in the Virgin Islands, the guardian appointed in the other state, after giving notice to the appointing court of an intent to register, may register the guardianship order in the Virgin Islands by filing, as a foreign judgment in the Court in any judicial division in which property belonging to the protected person is located, certified copies of the order and letters of office. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 293.

If a conservator has been appointed in another state and a petition for a protective order is not pending in the Virgin Islands, the conservator appointed in the other state, after giving notice to the appointing court of an intent to register, may register the protective order in this state by filing as a foreign judgment in a court of this Territory in the judicial division in which property belonging to the protected person is located, certified copies of the order and letters of office and of any bond. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 293.

(a) Upon registration of a guardianship or protective order from another state, the guardian or conservator may exercise in this Territory all powers authorized in the order of appointment except as prohibited under the laws of the Virgin Islands, including maintaining actions and proceedings in the Virgin Islands and, if the guardian or conservator is not a resident of the Virgin Islands, subject to any conditions imposed upon non-resident parties. (b) The Court may grant any relief available under this part and other law of the Virgin Islands to enforce a registered order. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 293.

(a) This subpart applies to adult guardianship and protective proceedings begun on or after January 1, 2017. (b) Subparts I, III, and IV and sections 5-482 and 5-483 apply to proceedings begun before January 1, 2017, regardless of whether a guardianship or protective order has been issued. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 293, 294.

In applying and construing this article, as a uniform law, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it. History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 294.

Commerce Act This article modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Section7001, et seq., but does not modify, limit, or supersede section 101(c) of that act, 15 U.S.C. Section7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Section7003(b). History: Added Jan. 1, 2017, No. 7958, § 1, Sess. L. 2016, p. 294.

This Part may be cited as the "Virgin Islands Achieving a Better Life Experience Act." History: Added July 9, 2025, No. 9000, § 1, Sess. L. 2025, p. -.

In this Part: (1) "ABLE" means Achieving a Better Life Experience. (2) "Account or Able saving account" means an individual account, a trust account, or a savings account established in accordance with the provisions of this Part. (3) "Account owner" means a person or legal entity who enters into a savings agreement authorized under section 529A of the Internal Revenue Code. The account owner may also be the designated beneficiary of the account. (4) "Commissioner" means the Commissioner of the Virgin Islands Department of Finance or the Commissioner's designee. (5) "Department" means the Virgin Islands Department of Finance. (6) "Designated beneficiary" or "beneficiary" means an eligible individual for whom the account was established and whose qualified disability expenses may be paid from this account. (7) "Eligible individual" means a person who during the taxable year is entitled to benefits based on blindness or disability under Title II or XVI of the federal Social Security Act, 42 U.S.C. §401 et seq. or 1381 et seq., respectively, where the blindness or disability occurred before the date on which the individual attained the age specified in the federal ABLE Act; or an individual with respect to whom a disability certification, meeting the requirements of the federal ABLE Act, is filed. (8) "Federal ABLE Act" means the Stephen J. Beck, Jr., Achieving a Better Life Experience Act of 2014, Pub. L. No. 113-295. 128 Stat. 4010, and includes subsequent amendments to that act, as well as regulations promulgated thereunder by the United States Secretary of the Treasury. (9) "Financial organization" means an organization authorized to do business in the Virgin Islands that is: (1) licensed or chartered under the banking and insurance laws of V.I.; (2) chartered by an agency of the federal government; or (3) subject to the jurisdiction and regulation of the federal Securities and Exchange Commission. (10) "Internal Revenue Code" means the Internal Revenue Code of 1986, Public Law 99-514, 26 U.S.C. §1 et seq., as amended. (11) "Management contract" means the contract executed by the Commissioner and a financial organization selected to act as a depository and manager of the Program. (12) "Nonqualified Withdrawal" means a withdrawal from an account that is not a qualified withdrawal or a rollover distribution. (13) "Program" means the Virgin Islands Achieving a Better Life Experience Program established by this Part. (14) "Program manager" means a financial organization selected by the Commissioner to act as a depository and manager of the Program. (15) "Qualified disability expenses" means expenses related to the eligible individual's blindness or disability that are made for the benefit of the eligible individual who is the designated beneficiary, including expenses for: (A) education; (B) housing; (C) transportation; (D) employment training and support; (E) assistive technology and personal support services; (F) health, prevention and wellness; (G) financial management and administrative services; (H) legal fees; (I) expenses for oversight and monitoring; (J) funeral and burial expenses; (K) expenses that are for maintaining or improving health, independence, or quality of life; or (L) other expenses that are consistent with the purposes of the Federal ABLE Act and approved by the Program. (16) "Qualified withdrawal" means a withdrawal from an account to pay the qualified disability expenses of the designated beneficiary of the account. (17) "Rollover distribution" means a rollover distribution as used in section 529A of the Internal Revenue Code. (18) "Savings agreement" means an agreement between the program manager and the account owner. (19) "Secretary" means the Secretary of the United States Department of the Treasury. (20) "VI Able Savings Program Trust Fund" means the ABLE savings accounts program established by the Department of Finance on behalf of the Government of the Virgin Islands separate and apart from all other Government funds. History: Added July 9, 2025, No. 9000, § 1, Sess. L. 2025, p. -.

In accordance with the Federal ABLE Act, the Commissioner of the Virgin Islands Department of Finance shall establish the Virgin Islands ABLE Savings Program to provide for or facilitate individual savings accounts that empower individuals with a disability and their families to save private funds to support an individual with a disability. Notwithstanding any other provision of law, an ABLE savings program established by the Department must be always maintained in a manner that ensures the Program's status as a qualified ABLE program. History: Added July 9, 2025, No. 9000, § 1, Sess. L. 2025, p. -.

(a) The Commissioner shall implement and administer the program under the terms and conditions established by this Part and in conformity with federal law, including the Federal ABLE Act. The Commissioner shall have the authority to: (1) develop and implement the program in a manner consistent with this Part; (2) engage in the services of consultants on a contractual basis for rendering professional and technical assistance and advice; (3) seek guidance from the Secretary and Internal Revenue Bureau relating to the program; (4) make any changes to the program required for the participants in the program to obtain the federal income tax benefits or treatment provided by § 529A of the Internal Revenue C529A of the Internal Revenue Code of 1986under this Part; (5) develop marketing plans and promotional materials in consultation with the Department of Human Services and the Disability Rights Center of the Virgin Islands, and conduct ongoing outreach and education efforts to inform eligible individuals and their families about ABLE account benefits and procedures. (6) establish the method by which funds shall be allocated to pay for administrative costs; and (7) notify the Secretary, if required, when an account has been opened for a designated beneficiary and submit other reports concerning the program required by the Secretary. (b) The Commissioner may implement the program using financial organizations as account depositories and managers. The Commissioner may solicit proposals from financial organizations to act as depositories and managers of the program. Financial organizations that submit proposals shall describe the investment instruments which will be held in accounts. The Commissioner may select more than one (1) financial organization and investment instrument for the program. The Commissioner shall select as program depositories and managers of the financial organization or organizations, from among the financial organizations seeking the contract, that demonstrate the most advantageous combination, both to potential program participants and to the Virgin Islands, of the following factors: (1) financial stability and integrity of the financial organization; (2) the safety of the investment instrument being offered; (3) the ability of the financial organization to satisfy record-keeping and reporting requirements; (4) the financial organization's plan for promoting the program and the investment the organization's willingness to make to promote the program; (5) the fees, if any, proposed to be charged to the account of owners; (6) the minimum initial deposit and minimum contributions that the financial organization will require; (7) the availability of debit cards; (8) the ability of the financial organization to accept electronic withdrawals, including payroll deduction plans; and (9) other benefits to the Virgin Islands or its residents included in the proposal, including fees payable to the Department to cover expenses of operation of the program. (c) The Commissioner may enter into contracts and agreements with a financial organization or organizations necessary to implement this Part. History: Added July 9, 2025, No. 9000, § 1, Sess. L. 2025, p. -.

(a) A management contract shall include, at a minimum, terms requiring the financial organization to: (1) take any action required to keep the program in compliance with the requirements of this Part and take any action not contrary to the management contract to qualify as a qualified ABLE program as defined in § 529A of the Internal Revenue Code of 1986, as amended; (2) keep accura529A of the Internal Revenue Code of 1986ount segregated from other accounts, and provide the Commissioner with the information necessary to prepare the statements required by § 5- 496 of this Part; (3) compile total information contained in statements required to be prepared under § 5-496 of this Part, and provide the compilations to the Commissioner; (4) if there is more than one (1) program manager, provide the Commissioner with the information necessary to determine compliance with § 5-496 of this Part; (5) provide the Commissioner with access to the books and records of the program manager to the extent needed to determine compliance with the contract, this Part, and § 529A of the Internal Revenue Code of 1986, as amended; (6) hold all accounts for the benefit of the account owner or owners; (7) be audited every 2 years by a firm of certified public accountants selected by the program manager, with the consent of the Commissioner and provide the results of the audit to the Commissioner. An audit shall be conducted of the operations and financial position of the program manager at any time if the Commissioner has any reason to be concerned about the financial position, the record-keeping practices, or the status of accounts of the program manager; and (8) provide the Commissioner with copies of all regulatory filings and reports made by the financial organization during the term of the management contract or while the financial organization is holding any accounts, other than confidential filings or reports that will not become part of the program. The program manager shall make available for review by the Commissioner the results of any periodic examination of the program manager by any state, territory or federal banking, insurance, or securities commission, except to the extent that the report or reports may not be disclosed under law; and (9) ensure that any description of the program, whether in writing or through the use of any media, is consistent with a marketing plan developed pursuant to this Part. (b) The Commissioner may terminate or not renew a management agreement. If the Commissioner terminates or does not renew a management agreement, the Commissioner shall take custody of accounts held by the program manager and shall seek to promptly transfer the accounts to another financial organization that is selected as a program manager and into investment instruments as similar to the original instruments as possible. (c) The Bureau of Internal Revenue, the Department of Health and Human Services, and the ADA Coordinator are authorized to exchange data regarding eligible individuals to carry out the purposes of this Part. (d) The Department shall include in its annual budget covering the operating and administrative expenses of the Program. Expenses incurred by the Program and the Department must be paid from Program fees and charges or from other available funds. History: Added July 9, 2025, No. 9000, § 1, Sess. L. 2025, p. -.

(a) An ABLE savings account established pursuant to this Part may be opened by a designated beneficiary provided that the designated beneficiary shall be an eligible individual at the time the account is established. Any of the persons listed below may enter into an ABLE account contract as fiduciary for an eligible individual who is a minor or who lacks capacity to enter into an ABLE account contract: (1) a parent or guardian; (2) a person or legal entity designated in writing by the parent or guardian; (3) a trustee of a trust for which the eligible individual is a beneficiary; (4) for an eligible individual receiving benefits based on blindness or a disability under Title II oTitle IIcial SecSocial Security Act 620, 42 U.S.C. §401, or Title XVI Title XVIcial Security Act, 42 U.S.C. §1381, the representative payee for those benefits; or (5) any other person or entity authorized under section 529A of the Internal Revenue Code with signature authority over the account. (b) Each beneficiary or authorized legal representative may hold only one (1) account. The Commissioner may establish an annual maintenance fee for each account, not to exceed fifty dollars. An application for an account shall be in the form specified by the Commissioner and shall contain: (1) the name, address, and social security number of the account owner; (2) the name, address, and social security number of the designated beneficiary, if the account owner is the beneficiary's trustee or guardian; (3) certification relating to no excess contributions; and (4) additional information as the Commissioner may require. (c) Any person may make contributions to an ABLE savings account after the account is opened, subject to the limitations imposed by § 529A of the Internal Revenue Code of 1986, as amended, or any rules and regulations adopted by the Secretary and applicable to this Part. (d) The Commissioner or program manager shall reject or promptly withdraw a contribution: (1) if the contribution would cause the aggregate balance to exceed the limits established pursuant to section 529A of the Internal Revenue Code; or (2) if the designated beneficiary is not an eligible individual in the current calendar year. (e) An account owner may: (1) change the designated beneficiary of an account to an individual who is a member of the family of the prior designated beneficiary in accordance with procedures established by the Commissioner; and (2) transfer all or a portion of an account to another ABLE savings account, the designated beneficiary of which is a member of the family as defined in § 529A of th529A of the Internal Revenue Code of 1986ed. (3) not use an interest in an account as security for a loan. Any pledge of an interest in an account shall be of no force and effect. (f) If there is any distribution from an account to any individual or for the benefit of any individual during a calendar year, the distribution shall be reported to Bureau of Internal Revenue and to the account owner, designated beneficiary, or distributee to the extent required by Virgin Islands or federal law. (g) Statements shall be provided to each account owner at least four (4) times each year within thirty (30) days after the end of the three (3)-month period to which a statement relates. The statement shall identify the contributions made during the preceding three (3)-month period, the total contributions made to the account through the end of the period, the value of the account at the end of the period, distributions made during the period, and any other information that the Commissioner requires to be reported to the account owner. Statements and information relating to accounts shall be prepared and filed to the extent required by this Part and any other Virgin Islands or federal law. (h) The program shall provide a separate accounting for each designated beneficiary. History: Added July 9, 2025, No. 9000, § 1, Sess. L. 2025, p. -.

(a) Nothing in this Part shall create or be construed to create any obligation of the Commissioner, the Government of Virgin Islands, or any agency or instrumentality of the Government of Virgin Islands to guarantee for the benefit of any account owner or designated beneficiary with respect to the: (1) return of principal; (2) rate of interest or other return on any account; or (3) payment of interest or other return on any account. (b) The Commissioner shall adopt rules to provide that every contract, obligation, application, or other similar document that may be used in connection with opening an account clearly indicates that the account is not insured by the Government of Virgin Islands, and that the principal deposited and the investment return are not guaranteed by the Government of Virgin Islands. History: Added July 9, 2025, No. 9000, § 1, Sess. L. 2025, p. -.

The head of any department, board, commission, agency or instrumentality of the Government of the Virgin Islands, unless otherwise prohibited by law, shall assist the Department in providing information about the Program to potential eligible individuals and their families. History: Added July 9, 2025, No. 9000, § 1, Sess. L. 2025, p. -.

(a) There is established the Virgin Islands ABLE Savings Program Trust Fund (Fund) within the Treasury of Virgin Islands. The Fund shall consist of monies received from an ABLE savings program manager, any governmental or private grants, and any General Fund appropriations for the program. (b) At the end of any fiscal year, all unexpended and unencumbered monies in the Virgin Islands ABLE Savings Program Trust Fund shall remain in the Virgin Islands ABLE Savings Program Trust Fund and shall not be credited or transferred to the General Fund, or any other fund. (c) All expenses incurred by the Commissioner in developing and administering the ABLE savings program shall be payable from the Virgin Islands ABLE Savings Program Trust Fund. (d) Five Hundred Thousand Dollars ($500,000) is hereby authorized from the Southern Trust Company Settlement Fund to the Department of Finance to assist in the implementation of the Virgin Islands ABLE Savings Program pursuant to this Part. The funds shall be used for, but are not limited to, the following purposes: (a) engaging the services of consultants to assist in launching the program; (b) engaging a Program Manager for the purposes of managing the Virgin Islands ABLE Savings Program; and (c) to assist with associated start-up fees and overhead. History: Added July 9, 2025, No. 9000, § 1, Sess. L. 2025, p. -.

(a) Upon a full or partial withdrawal of funds from an account that are not used for qualified disability expenses, the account owner or the account owner's designee must receive the market value of the account for the amount requested. (b) The Program Manager may collect administrative fees or charges for costs upon a non-qualified withdrawal or termination and deduct the fee from the amount otherwise payable. If there is a nonqualified withdrawal, and the amount withdrawn includes earnings on the contributions to the account or contributions to the account that are eligible to be deducted from Virgin Islands income tax for the tax year in which the contributions were made, the amount of earnings and deductible contributions are subject to taxation as income under the laws of the Virgin Islands. (c) The Program Manager may close an account and return any remaining funds in the account as a nonqualified withdrawal in order to comply with federal law or if the Program Manager, in its sole discretion, determines that termination is in the best interest of the Program or the designated beneficiary. Any person aggrieved by a determination to terminate an account may file an administrative appeal with the Department not later than 30 days after the mailing date of the termination notice. A final resolution of the administrative appeal is the final decision of the Commissioner of Finance, and the aggrieved person may be appeal to the Superior Court of the Virgin Islands. The appeal must be filed not later than 30 days after the mailing date of the final decision of the Commissioner. History: Added July 9, 2025, No. 9000, § 1, Sess. L. 2025, p. -.

(a) An account is not subject to attachment, levy or execution by any creditor of a contributor, account owner or designated beneficiary and may not be used as security for loan. (b) Amounts contributed to an account, increases in the value of the account and qualified withdrawals from the account shall not be considered when determining eligibility or benefit levels for housing assistance programs, including the Housing Choice Voucher program (Section 8) and programs administered by the Federal Housing Administration and the Department of Housing and Urban Development, nutrition programs such as the Supplemental Nutrition Assistance Program (SNAP) and the Special Supplemental Nutrition Program for Women, Infants and Children (WIC), financial assistance programs, including Temporary Assistance for Needy Families (TANF); energy and utility assistance programs, including the Low Income Energy Assistance Program (LIHEAP), Vocational Rehabilitation Services, medical assistance such as Medicaid, or other means tested benefits conferred by the Government of the Virgin Islands. (c) Amounts contributed to an account and increases in the value of the account may not be used in calculating personal asset contributions for determining eligibility or need to qualify for federal student aid, student loan programs, student grant programs, or other student aid programs administered by a territorial agency, except as otherwise may be provided by federal law. (d) A person or entity may make contributions to an ABLE account on behalf of a beneficiary. Contributions to an account made by persons or entities other than the designated beneficiary become the property of the designated beneficiary. Contributions to an account shall be considered as a transfer of assets for fair market value. A person or entity does not acquire an interest in an ABLE account by making contributions to an account. A contribution to any account for a beneficiary must be rejected if the contribution would cause either the aggregate balance of the account to exceed five hundred and fifty thousand dollars ($550,000). (e) Unless prohibited by federal law, upon the death of a designated beneficiary, proceeds from an account may be transferred to the estate of a designated beneficiary, or to an account for another eligible individual specified by the designated beneficiary or the estate of the designated beneficiary. An agency or instrumentality of the Government of the Virgin Islands may not seek payment under section 529A(f) of the Internal Revenue Code from the account or its proceeds for benefits provided to a designated beneficiary. History: Added July 9, 2025, No. 9000, § 1, Sess. L. 2025, p. -.

The Program and accounts are exempt from any statute regulating securities. The property of the Program and the earnings from the Program are exempt from all taxation by the Government of the Virgin Islands. Contributions made to an account, any increase in the value of those contributions, the retention or transfer during life or as a result of death of any legal interest in an account, and payment of qualified disability expenses of eligible individuals from an account, are exempt from all taxation by the Government of the Virgin Islands. History: Added July 9, 2025, No. 9000, § 1, Sess. L. 2025, p. -.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.

History: Repealed. Aug. 22, 2012, No. 7356, § 2, Sess. L. 2012, p. 66.