Utah Code 75-9-108. Nomination of conservator or guardian — Adequacy of power of attorney — Relation of agent to conservator or other fiduciary
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(1) In a power of attorney, a principal may nominate a conservator of the principal’s estate or a guardian of the principal’s person for consideration by the court if protective proceedings for the principal’s estate or person are begun after the principal executes the power of attorney.
Terms Used In Utah Code 75-9-108
- Agent: includes an attorney-in-fact under a durable or nondurable power of attorney, an individual authorized to make decisions concerning another's health care, and an individual authorized to make decisions for another under a natural death act. See Utah Code 75-1-201 v2
- 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
- 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
- Fiduciary: A trustee, executor, or administrator.
- Fiduciary: includes a personal representative, guardian, conservator, and trustee. See Utah Code 75-1-201 v2
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Guardian: means a person who has qualified as a guardian of a minor or incapacitated person pursuant to testamentary or court appointment, or by written instrument as provided in Section
Utah Code 75-1-201 v2 - Person: means an individual or an organization. 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
- Power of attorney: A written instrument which authorizes one person to act as another's agent or attorney. The power of attorney may be for a definite, specific act, or it may be general in nature. The terms of the written power of attorney may specify when it will expire. If not, the power of attorney usually expires when the person granting it dies. Source: OCC
(2) If a principal executes a power of attorney and a petition is filed to appoint a conservator of the principal’s estate, the court shall consider whether:
(2)(a) the provisions in the power of attorney are adequate to manage and protect the principal’s estate without appointing a conservator; or
(2)(b) the appointment of a conservator is necessary to manage and protect the principal’s estate.
(3) If the court appoints a conservator of the principal’s estate or a guardian of the principal’s person, the court shall appoint a conservator or a guardian in accordance with the principal’s most recent nomination unless there is good cause shown or disqualification.
(4) If, after a principal executes a power of attorney, the court determines that an appointment of a conservator or other fiduciary is necessary to manage and protect some or all of the principal’s estate:
(4)(a) the agent named in the principal’s power of attorney is accountable to the conservator or other fiduciary as well as the principal; and
(4)(b) the power of attorney is not terminated and the agent’s authority continues unless limited, suspended, or terminated by the court.