29-5-4. Affidavit on property or value of estate; payment, transfer, or delivery pursuant to affidavit.

Upon receiving an affidavit:#

1. (1)

   That the total personal property of an incapacitated adult does not exceed $2,500.00 in value;#

2. (2)

   That no conservator has been appointed for the incapacitated adult’s estate; and#

3. (3)

   That the affiant is the spouse or that there is no spouse and the affiant is a relative having the responsibility of the support of the incapacitated adult,#

4. any person or corporation indebted to or holding personal property of the incapacitated adult shall be authorized to pay the amount of the indebtedness or deliver the personal property to the affiant. In the same manner and upon like proof, any person or corporation having the responsibility for the issuance or transfer of stocks, bonds, or other personal property shall be authorized to issue or transfer the stocks, bonds, or personal property to or in the name of the affiant. Upon payment, delivery, transfer, or issuance pursuant to the affidavit, the person or corporation shall be released to the same extent as if the payment, delivery, transfer, or issuance had been made to the legally qualified conservator of the incapacitated adult and shall not be required to see to the application or disposition of the personal property.

The person making the affidavit and receiving the personal property shall be authorized to expend or otherwise dispose of the personal property for the benefit of the incapacitated adult in the person’s judgment as may be just and proper.#