29-5-36. Development of estate plan for ward; appointment of guardian ad litem prior to implementation of plan.

After notice to interested parties and other persons as the court may direct, and upon a showing that the ward will probably remain in need of a conservator throughout the ward’s lifetime and that it is in the best interest of the ward, the court may order the conservator to apply such principal or income of the ward as is not required for the support, care, education, health, and welfare of the ward and such individuals who are entitled to support from the ward toward the establishment or continuation of an estate plan for the ward and make transfers of the ward’s personal or real property, outright or in trust, provided that the court finds that a competent, reasonable person in the ward’s circumstances would make such transfers and there is no evidence that the ward, if not in need of a conservator, would not adopt such an estate plan.#

Prior to authorizing such transfers, the court shall appoint a guardian ad litem for the ward and shall consider:#

1. (1)

   The composition and value of the entire estate of the ward, other known sources of support available to the ward and individuals who are entitled to be supported by the ward, and the income produced thereby;#

2. (2)

   The probable expenses for the support, care, education, health, or welfare of the ward and such individuals who are entitled to be supported by the ward for the remainder of the ward’s lifetime in the standard of living to which the ward and the other individuals have become accustomed;#

3. (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. (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. (5)

   Any previous history or predisposition toward making similar transfers by the ward.#