Utah Code 75-5-408. Permissible court orders
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(1) The court has the following powers which may be exercised directly or through a conservator in respect to the estate and affairs of protected persons:
Terms Used In Utah Code 75-5-408
- Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
- Conservator: means a person who is appointed by a court to manage the estate of a protected person. See Utah Code 75-1-201 v2
- Court: means any of the courts of record in this state having jurisdiction in matters relating to the affairs of decedents. See Utah Code 75-1-201 v2
- Disability: means cause for a protective order as described by Section
75-5-401 . See Utah Code 75-1-201 v2 - Donee: The recipient of a gift.
- Estate: includes the property of the decedent, trust, or other person whose affairs are subject to this title as originally constituted and as it exists from time to time during administration. See Utah Code 75-1-201 v2
- Inter vivos: Transfer of property from one living person to another living person.
- Intestate: Dying without leaving a will.
- Joint tenancy: A form of property ownership in which two or more parties hold an undivided interest in the same property that was conveyed under the same instrument at the same time. A joint tenant can sell his (her) interest but not dispose of it by will. Upon the death of a joint tenant, his (her) undivided interest is distributed among the surviving joint tenants.
- Minor: means a person who is under 18 years old. See Utah Code 75-1-201 v2
- Person: means an individual or an organization. See Utah Code 75-1-201 v2
- Personal representative: includes executor, administrator, successor personal representative, special administrator, and persons who perform substantially the same function under the law governing their status. See Utah Code 75-1-201 v2
- Petition: means a written request to the court for an order after notice. See Utah Code 75-1-201 v2
- Preliminary hearing: A hearing where the judge decides whether there is enough evidence to make the defendant have a trial.
- Property: includes both real and personal property or any interest therein and means anything that may be the subject of ownership. See Utah Code 75-1-201 v2
- Protected person: means a person for whom a conservator has been appointed. See Utah Code 75-1-201 v2
- Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
- Tenancy by the entirety: A type of joint tenancy between husband and wife that is recognized in some States. Neither party can sever the joint tenancy relationship; when a spouse dies, the survivor acquires full title to the property.
- Testate: To die leaving a will.
- Trust: includes :(60)(a)(i) a health savings account, as defined in Section 223of the Internal Revenue Code;(60)(a)(ii) an express trust, private or charitable, with additions thereto, wherever and however created; or(60)(a)(iii) a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust. See Utah Code 75-1-201 v2(1)(a) While a petition for appointment of a conservator or other protective order is pending and after preliminary hearing and without notice to others, the court has power to preserve and apply the property of the person to be protected as may be required for the person’s benefit or the benefit of the person’s dependents.(1)(b) After hearing and upon determining that a basis for an appointment or other protective order exists with respect to a minor without other disability, the court has all those powers over the estate and affairs of the minor which are or might be necessary for the best interests of the minor, the minor’s family, and the members of the minor’s household.(1)(c) After hearing and upon determining that a basis for an appointment or other protective order exists with respect to a person for reasons other than minority, the court has, for the benefit of the person and members of the person’s household, all the powers over the person’s estate and affairs that the person could exercise if present and not under disability, except the power to make a will. These powers include the power to:(1)(c)(i) make gifts;(1)(c)(ii) convey or release the person’s contingent and expectant interests in property including marital property rights and any right of survivorship incident to joint tenancy or tenancy by the entirety;(1)(c)(iii) exercise or release the person’s powers as personal representative, custodian for minors, conservator, or donee of a power of appointment;(1)(c)(iv) enter into contracts;(1)(c)(v) create revocable or irrevocable trusts of property of the estate that may extend beyond the person’s disability or life;(1)(c)(vi) exercise options of the person with a disability to purchase securities or other property;(1)(c)(vii) exercise the person’s rights to elect options and change beneficiaries under insurance and annuity policies and to surrender the policies for their cash value;(1)(c)(viii) exercise the person’s right to an elective share in the estate of the person’s deceased spouse; and(1)(c)(ix) renounce any interest by testate or intestate succession or by inter vivos transfer.(1)(d) The court may exercise, or direct the exercise of, its authority to exercise or release powers of appointment of which the protected person is donee, to renounce interests, to make gifts in trust or otherwise exceeding 20% of any year’s income of the estate, or to change beneficiaries under insurance and annuity policies, only if satisfied, after notice and hearing, that it is in the best interests of the protected person, and that the person either is incapable of consenting or has consented to the proposed exercise of power.
(2) An order made pursuant to this section determining that a basis for appointment of a conservator or other protective order exists has no effect on the capacity of the protected person.
(3) If the court elects to appoint a conservator under Subsection (1), the court may appoint a temporary conservator to serve until further order of the court. A temporary conservator, if appointed, has all of the powers and duties of a conservator as set forth in Sections 75-5-417, 75-5-418, 75-5-419, and 75-5-424.