75-5-408. Permissible court orders.
(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:
(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 his benefit or the benefit
of his dependents.
(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, his family, and the members of his household.
(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 his household, all the powers over his estate and affairs which he
could exercise if present and not under disability, except the power to make a will. These powers
include, but are not limited to the power to make gifts, to convey or release his contingent and
expectant interests in property including marital property rights and any right of survivorship
incident to joint tenancy or tenancy by the entirety, to exercise or release his powers as trustee,
personal representative, custodian for minors, conservator, or donee of a power of appointment,
to enter into contracts, to create revocable or irrevocable trusts of property of the estate which
may extend beyond his disability or life, to exercise options of the disabled person to purchase
securities or other property, to exercise his rights to elect options and change beneficiaries under
insurance and annuity policies and to surrender the policies for their cash value, to exercise his
right to an elective share in the estate of his deceased spouse, and to renounce any interest by
testate or intestate succession or by inter vivos transfer.
(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 he 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.
Enacted by Chapter 150, 1975 General Session
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Last revised: Thursday, May 28, 2009