Title 29, Chapter 5, Section 5.1
( 29-5-5.1)
(a) On application of the guardian of the property of an adult ward,
or any interested party, and after notice to all interested persons
and to such other persons as the court may direct, and on a showing
that the ward will probably remain incompetent during that ward's
lifetime, the superior court may, after hearing and by order,
authorize the guardian of the property to apply such principal or
income of the ward's estate that is not required for the support of
the ward during that ward's lifetime or for the support of those
persons who are legally dependent upon such ward toward the
establishment of an estate plan for the purpose of minimizing
income, estate, inheritance, or other taxes payable out of the
ward's estate. The court may authorize the guardian of the property
to make transfers of the ward's personal or real property, outright
or in trust, on behalf of the ward, upon a finding that a competent
reasonable person in the ward's circumstances would make the
transfers and that there is no evidence that the ward, if competent,
would not make the transfers and shall take into consideration the
following factors: (1) The value of the entire estate of the ward, other sources of
support available to the ward, and the income produced thereby; (2) The probable expenses for support, care, and maintenance of
the ward and for the support of those persons who are legally
dependent upon such ward for the remainder of the ward's lifetime
in the standard of living to which the ward and such legally
dependent persons have become accustomed; (3) The identity of the proposed transferees, and in particular
whether they are natural objects of the ward's bounty by
relationship or prior behavior of the ward; (4) The purpose and estate planning benefit to be derived by the
transfer as well as the possible harm to any interested party; and (5) Any previous history of or predisposition toward making
similar transfers by the ward. (b) Any party in interest who shall bring a petition under this Code
section, including the guardian of the person or the guardian of the
property, shall be eligible to receive transfers under this Code
section provided such party in interest is shown to be a natural
object of the ward's bounty by relationship or prior behavior of the
ward. (c) The court shall appoint a guardian ad litem for the ward and any
minor interested party and the court may appoint a guardian ad litem
at any stage of the proceedings, if deemed advisable, for the
protection of any other interested party. (d) Modifications of an approved plan may be made by similar
application to the court. |