(a) A protective proceeding relating to the protected person is not pending in this state; and
(b) The fiduciary is entitled to payment or to receive delivery.
(2) If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor. [1995 c.664 §62]