Page:United States Statutes at Large Volume 65.djvu/642

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PUBLIC LAW 196—OCT. 24, 1951

Public Law 196 October 24, 1951 [S.lll

District of Columbia. Appointment of conservators for certain adults.

Filing of petition.

Powers and duties of conservator.

Application for discharge of conservator.

Powers of court.

Temporary conservator.

[65 STAT.

CHAPTER

545

AN ACT To provide for the appointment of conservators to conserve the assets and provide for the personal welfare of persons of advanced age, mental weakness, not amounting to unsoundness of mind, or physical incapacity. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That if an adult person residing in or having property in the District of Columbia is unable, by reason of advanced age, mental weakness (not amounting to unsoundness of mind), or physical incapacity properly to care for his property, the United States District Court for the District of Columbia may, upon his petition or the sworn petition of one or more of his relatives or any other person or persons, appoint some fit person to be conservator of his property: SEC. 2. Upon the filing of such petition, the court shall fix a time and place for a hearing thereon; and shall cause at least fourteen days' notice thereof to be given to the person for whom a conservator is sought to be appointed, if he is not the petitioner, and to such other persons as the court shall direct. The petition shall include, among other things— (1) the reasons for the appointment of a conservator; (2) the name and address of the person for whom the conservator is sought; (3) the date and place of his birth, if known; and (4) the names and addresses of the nearest known heirs at law, or the next of kin, if any. The court in its discretion may appoint some disinterested person to act as guardian ad litem in any proceeding hereunder. Upon a finding that the person for whom the conservator is sought is incapable of caring for his property, the court shall appoint a conservator who shall have the charge and management of the property of such person subject to the direction of the court. SEC. 3. Such conservator before entering upon the discharge of his duties shall execute an undertaking with surety to be approved by the court in such maximum amount as the court may order, conditioned on the faithful performance of his duties as such conservator; and he shall have control of the estate, real and personal, of the person for whom he has been appointed conservator, with power to collect all debts due such person, and upon authority of the court to adjust and settle all accounts owing by him, and to sue and be sued in his representative capacity. He shall apply such part of the annual income and such part of the principal of the estate of such person as the court may authorize to the support of such person and the maintenance and education of his family and children; and shall in all other respects perform the same duties and have the same rights and powers with respect to the property of such person as have guardians of the estates of infants. SEC, 4. When any person for whom a conservator has been appointed under the provisions of this Act shall become competent to manage his property, he may apply to such court to have such conservator discharged and to be restored to the care and control of his property. If the court finds him to be competent, an order shall be entered restoring the care and control of his property to such person. The court shall have the same powers with respect to the property of any person for whom a conservator has been appointed as it has with respect to the property of infants under guardianships. SEC. 5. Upon filing of a petition as provided by this Act the court may, with or without notice or hearing, appoint a temporary censer-

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