Utah Code 75A-2-108. 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, as defined in Section 75-1-201 , for the principal’s estate or person are begun after the principal executes the power of attorney.
Terms Used In Utah Code 75A-2-108
- Agent: includes an original agent, coagent, successor agent, and person to which an agent's authority is delegated. See Utah Code 75A-2-102
- Conservator: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-2-102 - Estate: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-2-102 - Fiduciary: A trustee, executor, or administrator.
- Fiduciary: means the same as that term is defined in Section
75-1-201 . See Utah Code 75A-2-102 - 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 the same as that term is defined in Section
75-1-201 . See Utah Code 75A-2-102 - Person: means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity. See Utah Code 75A-2-102
- 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
- Power of attorney: means a writing or other record that grants authority to an agent to act in the place of the principal, whether or not the term power of attorney is used. See Utah Code 75A-2-102
- Principal: means an individual who grants authority to an agent in a power of attorney. See Utah Code 75A-2-102
(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.