11.130.080  <<  11.130.085 >>   11.130.090

Disclosure of bankruptcy or criminal history. (Effective January 1, 2021.)

(1) Before accepting appointment as a guardian or conservator, a person shall disclose to the court whether the person:
(a) Is or has been a debtor in a bankruptcy, insolvency, or receivership proceeding;
(b) Has been convicted of:
(i) A felony;
(ii) A crime involving dishonesty, neglect, violence, or use of physical force; or
(iii) Other crimes relevant to the functions the individual would assume as guardian or conservator; or
(c) Has any court finding of a breach of fiduciary duty or a violation of any state's consumer protection act, or violation of any other statute proscribing unfair or deceptive acts or practices in the conduct of any business.
(2) A guardian or conservator that engages or anticipates engaging an agent the guardian or conservator knows has been convicted of a felony, a crime involving dishonesty, neglect, violence, or use of physical force, or other crimes relevant to the functions the agent is being engaged to perform promptly shall disclose that knowledge to the court.
(3) If a conservator engages or anticipates engaging an agent to manage finances of the individual subject to conservatorship and knows the agent is or has been a debtor in a bankruptcy, insolvency, or receivership proceeding, the conservator promptly shall disclose that knowledge to the court.
(4) If a guardian or conservator that engages or anticipates engaging an agent and knows the agent has any court finding of a breach of fiduciary duty or a violation of any state's consumer protection act, or violation of any other statute proscribing unfair or deceptive acts or practices in the conduct of any business, the guardian or conservator promptly shall disclose that knowledge to the court.
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