(a) A personal representative may discharge the obligation to distribute to any person under legal disability by distributing in a manner expressly provided in the will.
(b) Unless contrary to an express provision in the will, the personal representative may discharge the obligation to distribute to a minor or person under other disability as authorized by section 560:5-104 or any other statute. If the personal representative knows that a conservator has been appointed or that a proceeding for appointment of a conservator is pending, the personal representative is authorized to distribute only to the conservator.
(c) If the heir or devisee is under disability other than minority, the personal representative is authorized to distribute to:
(1) An attorney in fact who has authority under a power of attorney to receive property for that person; or
(2) The spouse or reciprocal beneficiary, parent, or other close relative with whom the person under disability resides if the distribution is of amounts not exceeding $10,000 a year, or property not exceeding $10,000 in value, unless the court authorizes a larger amount or greater value.
Persons receiving money or property for the disabled person are obligated to apply the money or property to the support of that person, but may not pay themselves except by way of reimbursement for out-of-pocket expenses for goods and services necessary for the support of the disabled person. Excess sums must be preserved for future support of the disabled person. The personal representative is not responsible for the proper application of money or property distributed pursuant to this subsection. [L 1996, c 288, pt of §1; am L 1997, c 383, §19; am L 2004, c 161, §26]