<effdate>9/1/2024</effdate><catchline>Fiduciaries</catchline><chapter number="75A-1"><catchline>Fiduciaries</catchline><part number="75A-1-1"><catchline>General Provisions</catchline><section number="75A-1-101"><histories><history>Amended by Chapter <modchap sess="2025GS">310</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions for title.</catchline><tab/>As used in this title:<subsection number="75A-1-101(1)">"Conservator" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-1-101(2)">"Descendant" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-1-101(3)">"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.</subsection><subsection number="75A-1-101(4)">"Estate" means, except as provided in Section <xref depth="3" refnumber="75A-5-102">75A-5-102</xref>, the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-1-101(5)">"Good faith" means honesty in fact in the conduct or transaction concerned and the observance of reasonable fiduciary standards.</subsection><subsection number="75A-1-101(6)">"Guardian" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-1-101(7)">"Person" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-1-101(8)">"Personal representative" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-1-101(9)">"Property" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-1-101(10)">"Record" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-1-101(11)">"Sign" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-1-101(12)">"State" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-1-101(13)">"Trust" means, except as provided in Section <xref depth="3" refnumber="75A-5-102">75A-5-102</xref>, the same as that term is defined in Section <xref depth="3" refnumber="75B-1-101">75B-1-101</xref>.</subsection><subsection number="75A-1-101(14)">"Will" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection></section><section number="75A-1-102"><histories><history>Enacted by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Transition clause.</catchline><tab/>If, at the time a power of attorney, a power of appointment, an advanced health care directive, or another legal document was executed, the document contained a correct citation to a provision in Title 22, Fiduciaries and Trusts, and Title 75, Utah Uniform Probate Code, that, after the execution of the document, was renumbered and amended for inclusion in this title, that citation is a valid citation to the same provision in this title.</section></part><part number="75A-1-2"><catchline>Payments and Deposits by Fiduciaries</catchline><section number="75A-1-201"><histories><history>Amended by Chapter <modchap sess="2025GS">310</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions for part.</catchline><tab/>As used in this part:<subsection number="75A-1-201(1)">"Fiduciary" means:<subsection number="75A-1-201(1)(a)">a trustee under any trust, expressed, implied, resulting or constructive;</subsection><subsection number="75A-1-201(1)(b)">an executor;</subsection><subsection number="75A-1-201(1)(c)">an administrator;</subsection><subsection number="75A-1-201(1)(d)">a guardian;</subsection><subsection number="75A-1-201(1)(e)">a conservator;</subsection><subsection number="75A-1-201(1)(f)">a curator;</subsection><subsection number="75A-1-201(1)(g)">a receiver;</subsection><subsection number="75A-1-201(1)(h)">a trustee in bankruptcy;</subsection><subsection number="75A-1-201(1)(i)">an assignee for the benefit of creditors;</subsection><subsection number="75A-1-201(1)(j)">a partner;</subsection><subsection number="75A-1-201(1)(k)">an agent;</subsection><subsection number="75A-1-201(1)(l)">an officer of a corporation, public or private;</subsection><subsection number="75A-1-201(1)(m)">a public officer; or</subsection><subsection number="75A-1-201(1)(n)">any other person acting in a fiduciary capacity for any person, trust, or estate.</subsection></subsection><subsection number="75A-1-201(2)">"Principal" means a person to whom a fiduciary owes an obligation.</subsection></section><section number="75A-1-202"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Transactions prior to May 12, 1925.</catchline><tab/>The provisions of this part do not apply to transactions taking place prior to May 12, 1925.</section><section number="75A-1-203"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Payments or transfers made to a fiduciary.</catchline><subsection number="75A-1-203(1)">A person who in good faith pays or transfers to a fiduciary any money or other property that the fiduciary is authorized to receive is not responsible for the proper application of the money or property by the fiduciary.</subsection><subsection number="75A-1-203(2)">A right or title acquired from the fiduciary in consideration of a payment or transfer described in Subsection (1) is not invalid as a consequence of a misapplication by the fiduciary.</subsection></section><section number="75A-1-204"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Transfer of negotiable instruments by a fiduciary.</catchline><subsection number="75A-1-204(1)">If a fiduciary endorses a negotiable instrument that is payable or endorsed to the fiduciary or the fiduciary's principal, and the fiduciary has authority to endorse the negotiable instrument on behalf of the principal, the person that receives the negotiable instrument through the endorsement:<subsection number="75A-1-204(1)(a)">is not bound to inquire as to whether the fiduciary is committing a breach of the fiduciary's obligation in endorsing or delivering the negotiable instrument; and</subsection><subsection number="75A-1-204(1)(b)">is not required to provide notice that the fiduciary is committing a breach of the fiduciary's obligation, unless the person:<subsection number="75A-1-204(1)(b)(i)">takes the negotiable instrument with actual knowledge that the fiduciary is committing a breach of the fiduciary's obligation; or</subsection><subsection number="75A-1-204(1)(b)(ii)">knows that taking the negotiable instrument amounts to bad faith.</subsection></subsection></subsection><subsection number="75A-1-204(2)">Notwithstanding Subsection (1), a person is liable to a principal if:<subsection number="75A-1-204(2)(a)">the fiduciary transfers a negotiable instrument to the person and the person knows that the fiduciary is transferring the negotiable instrument:<subsection number="75A-1-204(2)(a)(i)">as payment of, or as a security for, a personal debt of the fiduciary; or</subsection><subsection number="75A-1-204(2)(a)(ii)">for the personal benefit of the fiduciary; and</subsection></subsection><subsection number="75A-1-204(2)(b)">the fiduciary commits a breach of the fiduciary's obligation in transferring the negotiable instrument to the person.</subsection></subsection></section><section number="75A-1-205"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Checks -- Drawn by a fiduciary and payable to a third person.</catchline><tab/><subsection number="75A-1-205(1)">If a fiduciary draws a check or other bill of exchange in the name of the fiduciary's principal and the fiduciary has authority to draw the check or other bill of exchange in the name of the principal, the person to which the check or other bill of exchange is paid:<subsection number="75A-1-205(1)(a)">is not bound to inquire as to whether the fiduciary is committing a breach of the fiduciary's obligation in drawing the check or other bill of exchange; and</subsection><subsection number="75A-1-205(1)(b)">is not required to provide notice that the fiduciary is committing a breach of the fiduciary's obligation, unless the person:<subsection number="75A-1-205(1)(b)(i)">takes the check or other bill of exchange with actual knowledge that the fiduciary is committing a breach of the fiduciary's obligation; or</subsection><subsection number="75A-1-205(1)(b)(ii)">knows that taking the check or other bill of exchange amounts to bad faith.</subsection></subsection></subsection><subsection number="75A-1-205(2)">Notwithstanding Subsection (1), a person is liable to a principal if:<subsection number="75A-1-205(2)(a)">the fiduciary writes and delivers the check or other bill of exchange to the person;</subsection><subsection number="75A-1-205(2)(b)">the person knows that the fiduciary is drawing and delivering the check or other bill of exchange for:<subsection number="75A-1-205(2)(b)(i)">payment of, or as a security for, a personal debt of the fiduciary; or</subsection><subsection number="75A-1-205(2)(b)(ii)">the personal benefit of the fiduciary; and</subsection></subsection><subsection number="75A-1-205(2)(c)">the fiduciary commits a breach of the fiduciary's obligation in drawing or delivering the check or other bill of exchange to the person.</subsection></subsection></section><section number="75A-1-206"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Checks drawn by or payable to a fiduciary.</catchline><tab/>If a fiduciary draws a check or other bill of exchange in the name of the fiduciary's principal and the fiduciary has authority to draw the check or other bill of exchange that is payable to the fiduciary or a person that transfers the payment to the fiduciary, the person to which the check or other bill of exchange is paid:<subsection number="75A-1-206(1)">is not bound to inquire as to whether the fiduciary is committing a breach of the fiduciary's obligation in transferring the check or other bill of exchange to the fiduciary; and</subsection><subsection number="75A-1-206(2)">is not required to provide notice that the fiduciary is committing a breach of the fiduciary's obligation, unless the person:<subsection number="75A-1-206(2)(a)">takes the check or other bill of exchange with actual knowledge that the fiduciary is committing a breach of the fiduciary's obligation; or</subsection><subsection number="75A-1-206(2)(b)">knows that taking the check or other bill of exchange amounts to bad faith.</subsection></subsection></section><section number="75A-1-207"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Bank deposits in the name of a fiduciary.</catchline><tab/><subsection number="75A-1-207(1)">If a fiduciary deposits a check in a bank in the name of the fiduciary's principal and to the credit of the fiduciary and the bank is authorized to pay the amount of the deposit or any part of the deposit, the bank is not liable to the principal unless:<subsection number="75A-1-207(1)(a)">the bank pays the check with actual knowledge that the fiduciary is committing a breach of the fiduciary's obligation in drawing the check; or</subsection><subsection number="75A-1-207(1)(b)">the bank knows that paying the check amounts to bad faith.</subsection></subsection><subsection number="75A-1-207(2)">Notwithstanding Subsection (1), a bank is liable to a principal if:<subsection number="75A-1-207(2)(a)">the fiduciary deposits a check in the name of the principal as payment to the bank for payment of, or as security for, a personal debt of the fiduciary; and</subsection><subsection number="75A-1-207(2)(b)">the fiduciary commits a breach of the fiduciary's obligation in drawing or delivering the check to the bank.</subsection></subsection></section><section number="75A-1-208"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Checks drawn in name of a principal.</catchline><tab/><subsection number="75A-1-208(1)">If a fiduciary draws a check upon the account of the fiduciary's principal in a bank that is authorized to draw checks upon the principal's account and the bank is authorized to pay the check, the bank is not liable to the principal unless:<subsection number="75A-1-208(1)(a)">the bank pays the check with actual knowledge that the fiduciary is committing a breach of the fiduciary's obligation in drawing the check; or</subsection><subsection number="75A-1-208(1)(b)">the bank knows that paying the check amounts to bad faith.</subsection></subsection><subsection number="75A-1-208(2)">Notwithstanding Subsection (1), the bank is liable to a principal if:<subsection number="75A-1-208(2)(a)">the principal's fiduciary deposits a check in the name of the principal as payment to the bank for payment of, or as security for, a personal debt of the fiduciary; and</subsection><subsection number="75A-1-208(2)(b)">the fiduciary commits a breach of the fiduciary's obligation in drawing or delivering the check to the bank.</subsection></subsection></section><section number="75A-1-209"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Deposits in a fiduciary's personal account.</catchline><tab/>If a principal authorizes a fiduciary to write or endorse a check for the principal, and the fiduciary writes a check payable to the fiduciary and deposits the check in a bank into the fiduciary's personal account:<subsection number="75A-1-209(1)">the bank is not bound to inquire whether a fiduciary is committing a breach of the fiduciary's obligation to a principal; and</subsection><subsection number="75A-1-209(2)">the bank is authorized to pay the amount of the deposit or any part of a personal check of the fiduciary without being liable to the principal unless:<subsection number="75A-1-209(2)(a)">the bank deposits the check for a fiduciary with actual knowledge that the fiduciary is committing a breach of the fiduciary's obligation in depositing the check; or</subsection><subsection number="75A-1-209(2)(b)">the bank knows that depositing the check for the fiduciary amounts to bad faith.</subsection></subsection></section><section number="75A-1-210"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Deposits in name of several trustees.</catchline><tab/>When a deposit is made in a bank in the name of two or more persons as trustees and a check is drawn upon the trust account by a trustee authorized by another trustee to draw checks upon the trust account:<subsection number="75A-1-210(1)">the payee or bank is not bound to inquire whether the deposit is a breach of trust to authorize a trustee to draw checks upon the trust account; and</subsection><subsection number="75A-1-210(2)">the payee or bank is not liable unless the circumstances are such that the action of the payee or bank amounts to bad faith.</subsection></section></part></chapter><chapter number="75A-2"><catchline>Uniform Power of Attorney Act</catchline><part number="75A-2-1"><catchline>General Provisions</catchline><section number="75A-2-101"><histories><history>Enacted by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Reserved.</catchline><tab/>Reserved.</section><section number="75A-2-102"><histories><history>Amended by Chapter <modchap sess="2025GS">310</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">338</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions for chapter.</catchline><tab/>As used in this chapter:<subsection number="75A-2-102(1)"><subsection number="75A-2-102(1)(a)">"Agent" means a person granted authority to act for a principal under a power of attorney, whether denominated an agent, attorney-in-fact, or otherwise. </subsection><subsection number="75A-2-102(1)(b)">"Agent" includes an original agent, coagent, successor agent, and person to which an agent's authority is delegated.</subsection></subsection><subsection number="75A-2-102(2)">"Beneficiary" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-2-102(3)">"Beneficiary designation" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-2-102(4)">"Child" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-2-102(5)">"Claims" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-2-102(6)">"Durable," with respect to a power of attorney, means not terminated by the principal's incapacity.</subsection><subsection number="75A-2-102(7)">"Fiduciary" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-2-102(8)">"Incapacity" means the inability of an individual to manage property or business affairs because the individual:<subsection number="75A-2-102(8)(a)">has an impairment in the ability to receive and evaluate information or make or communicate decisions even with the use of technological assistance; or</subsection><subsection number="75A-2-102(8)(b)">is:<subsection number="75A-2-102(8)(b)(i)">missing;</subsection><subsection number="75A-2-102(8)(b)(ii)">detained, including incarcerated in a penal system; or</subsection><subsection number="75A-2-102(8)(b)(iii)">outside the United States and unable to return.</subsection></subsection></subsection><subsection number="75A-2-102(9)">"Lease" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-2-102(10)">"Mortgage" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-2-102(11)">"Organization" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-2-102(12)">"Power of attorney" means a writing or other record governed by this chapter that grants authority to an agent to act in the place of the principal regardless of whether the term power of attorney is used.</subsection><subsection number="75A-2-102(13)"><subsection number="75A-2-102(13)(a)">"Presently exercisable general power of appointment," with respect to property or a property interest subject to a power of appointment, means power exercisable at the time in question to vest absolute ownership in the principal individually, the principal's estate, the principal's creditors, or the creditors of the principal's estate. </subsection><subsection number="75A-2-102(13)(b)">"Presently exercisable general power of appointment" includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified period only after the occurrence of the specified event, the satisfaction of the ascertainable standard, or the passage of the specified period. </subsection><subsection number="75A-2-102(13)(c)">"Presently exercisable general power of appointment" does not include a power exercisable in a fiduciary capacity or only by will.</subsection></subsection><subsection number="75A-2-102(14)">"Principal" means an individual who grants authority to an agent in a power of attorney.</subsection><subsection number="75A-2-102(15)">"Security" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-2-102(16)"><subsection number="75A-2-102(16)(a)">"Stocks and bonds" means stocks, bonds, mutual funds, and all other types of securities and financial instruments, whether held directly, indirectly, or in any other manner. </subsection><subsection number="75A-2-102(16)(b)">"Stocks and bonds" does not include commodity futures contracts and call or put options on stocks or stock indexes.</subsection></subsection><subsection number="75A-2-102(17)">"Trustee" means the same as that term is defined in Section <xref depth="3" refnumber="75B-1-101">75B-1-101</xref>.</subsection></section><section number="75A-2-103"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Applicability.</catchline><tab/>This chapter applies to all powers of attorney except:<subsection number="75A-2-103(1)">a power to the extent it is coupled with an interest in the subject of the power, including a power given to or for the benefit of a creditor in connection with a credit transaction;</subsection><subsection number="75A-2-103(2)">a power to make health care decisions;</subsection><subsection number="75A-2-103(3)">a proxy or other delegation to exercise voting rights or management rights with respect to an entity; and</subsection><subsection number="75A-2-103(4)">a power created on a form prescribed by a government or governmental subdivision, agency, or instrumentality for a governmental purpose.</subsection></section><section number="75A-2-104"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Power of attorney is durable.</catchline><tab/>A power of attorney created under this chapter is durable unless it expressly provides that it is terminated by the incapacity of the principal.</section><section number="75A-2-105"><histories><history>Amended by Chapter <modchap sess="2025GS">338</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Execution of power of attorney.</catchline><subsection number="75A-2-105(1)"><subsection number="75A-2-105(1)(a)">A principal may sign a power of attorney, or direct another individual in the principal's conscious presence to sign the principal's name on the power of attorney, if:<subsection number="75A-2-105(1)(a)(i)">the power of attorney is signed before a notary public or other individual authorized by the law to take acknowledgments; and</subsection><subsection number="75A-2-105(1)(a)(ii)">the principal has sufficient mental capacity at the time that the power of attorney is executed to understand that the principal is appointing an agent to handle the principal's financial affairs.</subsection></subsection><subsection number="75A-2-105(1)(b)"> A signature on a power of attorney is presumed to be genuine if the principal acknowledges the signature before a notary public or other individual authorized by law to take acknowledgments.</subsection><subsection number="75A-2-105(1)(c)">A principal's understanding of how an agent will manage the principal's affairs is not required for sufficient mental capacity under Subsection <xref tempid="846" depth="4" refnumber="75A-2-105(1)(a)(ii)">(1)(a)(ii)</xref>.</subsection></subsection><subsection number="75A-2-105(2)"><subsection number="75A-2-105(2)(a)">If the principal resides or is about to reside in a hospital, assisted living, skilled nursing, or similar facility, at the time of execution of the power of attorney, the principal may not name any agent that is the owner, operator, health care provider, or employee of the hospital, assisted living facility, skilled nursing, or similar residential care facility unless:<subsection number="75A-2-105(2)(a)(i)">the agent is the spouse, legal guardian, or next of kin of the principal; or</subsection><subsection number="75A-2-105(2)(a)(ii)">the agent's authority is strictly limited to the purpose of assisting the principal to establish eligibility for Medicaid.</subsection></subsection><subsection number="75A-2-105(2)(b)">A violation of this Subsection <xref depth="4" refnumber="75A-2-105(2)">(2)</xref> is a violation of Section <xref depth="3" refnumber="76-5-111.4">76-5-111.4</xref>.</subsection></subsection></section><section number="75A-2-106"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Validity of power of attorney.</catchline><subsection number="75A-2-106(1)">A power of attorney executed in this state on or after May 10, 2016, is valid if its execution complies with Section <xref depth="3" refnumber="75A-2-105">75A-2-105</xref>.</subsection><subsection number="75A-2-106(2)">A power of attorney executed in this state before May 10, 2016, is valid if its execution complied with the law of this state as it existed at the time of execution.</subsection><subsection number="75A-2-106(3)">A power of attorney executed other than in this state is valid in this state if, when the power of attorney was executed, the execution complied with:<subsection number="75A-2-106(3)(a)">the law of the jurisdiction that determines the meaning and effect of the power of attorney pursuant to Section <xref depth="3" refnumber="75A-2-107">75A-2-107</xref>; or</subsection><subsection number="75A-2-106(3)(b)">the requirements for a military power of attorney pursuant to 10 U.S.C. Sec. 1044b.</subsection></subsection><subsection number="75A-2-106(4)">Except as otherwise provided by statute other than this chapter, a photocopy or electronically transmitted copy of an original power of attorney has the same effect as the original. For transactions involving real property, the copy of the power of attorney may be recorded in the county where the transaction lies when attached to an affidavit of the person accepting the power of attorney.</subsection></section><section number="75A-2-107"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Meaning and effect of power of attorney.</catchline><tab/>The meaning and effect of a power of attorney is determined by the law of the jurisdiction indicated in the power of attorney and, in the absence of an indication of jurisdiction, by the law of the jurisdiction in which the power of attorney was executed.</section><section number="75A-2-108"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Nomination of conservator or guardian -- Adequacy of power of attorney -- Relation of agent to conservator or other fiduciary.</catchline><subsection number="75A-2-108(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 <xref depth="3" refnumber="75-1-201">75-1-201</xref>, for the principal's estate or person are begun after the principal executes the power of attorney. </subsection><subsection number="75A-2-108(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:<subsection number="75A-2-108(2)(a)">the provisions in the power of attorney are adequate to manage and protect the principal's estate without appointing a conservator; or</subsection><subsection number="75A-2-108(2)(b)">the appointment of a conservator is necessary to manage and protect the principal's estate.</subsection></subsection><subsection number="75A-2-108(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.</subsection><subsection number="75A-2-108(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:<subsection number="75A-2-108(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</subsection><subsection number="75A-2-108(4)(b)">the power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court.</subsection></subsection></section><section number="75A-2-109"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>When power of attorney is effective.</catchline><subsection number="75A-2-109(1)">A power of attorney is effective when executed unless the principal provides in the power of attorney that it becomes effective at a future date or upon the occurrence of a future event or contingency.</subsection><subsection number="75A-2-109(2)">If a power of attorney becomes effective upon the occurrence of a future event or contingency, the principal, in the power of attorney, may authorize one or more persons to determine in a writing or other record that the event or contingency has occurred.</subsection><subsection number="75A-2-109(3)">If a power of attorney becomes effective upon the principal's incapacity and the principal has not authorized a person to determine whether the principal is incapacitated, or the person authorized is unable or unwilling to make the determination, the power of attorney becomes effective upon a determination in a writing or other record by:<subsection number="75A-2-109(3)(a)">a physician that the principal is incapacitated within the meaning of Subsection <xref depth="4" refnumber="75A-2-102(14)(a)">75A-2-102(14)(a)</xref>; or</subsection><subsection number="75A-2-109(3)(b)">an attorney at law, a judge, or an appropriate governmental official that the principal is incapacitated within the meaning of Subsection <xref depth="4" refnumber="75A-2-102(14)(b)">75A-2-102(14)(b)</xref>.</subsection></subsection><subsection number="75A-2-109(4)">A person authorized by the principal in the power of attorney to determine that the principal is incapacitated may act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Sec. 1320d, and applicable regulations, to obtain access to the principal's health care information and communicate with the principal's health care provider.</subsection></section><section number="75A-2-110"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Termination of power of attorney or agent's authority.</catchline><subsection number="75A-2-110(1)">A power of attorney terminates when:<subsection number="75A-2-110(1)(a)">the principal dies;</subsection><subsection number="75A-2-110(1)(b)">the principal becomes incapacitated, if the power of attorney is not durable;</subsection><subsection number="75A-2-110(1)(c)">the principal revokes the power of attorney;</subsection><subsection number="75A-2-110(1)(d)">the power of attorney provides that it terminates;</subsection><subsection number="75A-2-110(1)(e)">the purpose of the power of attorney is accomplished; or</subsection><subsection number="75A-2-110(1)(f)">the principal revokes the agent's authority or the agent dies, becomes incapacitated, or resigns, and the power of attorney does not provide for another agent to act under the power of attorney.</subsection></subsection><subsection number="75A-2-110(2)">An agent's authority terminates when:<subsection number="75A-2-110(2)(a)">the principal revokes the authority;</subsection><subsection number="75A-2-110(2)(b)">the agent dies, becomes incapacitated, or resigns;</subsection><subsection number="75A-2-110(2)(c)">an action is filed for the dissolution or annulment of the agent's marriage to the principal or their legal separation, unless the power of attorney otherwise provides; or</subsection><subsection number="75A-2-110(2)(d)">the power of attorney terminates.</subsection></subsection><subsection number="75A-2-110(3)">Unless the power of attorney otherwise provides, an agent's authority is exercisable until the authority terminates under Subsection (2), notwithstanding a lapse of time since the execution of the power of attorney.</subsection><subsection number="75A-2-110(4)"><subsection number="75A-2-110(4)(a)">Termination of an agent's authority or of a power of attorney is not effective as to the agent or another person that, without actual knowledge of the termination, acts in good faith under the power of attorney. </subsection><subsection number="75A-2-110(4)(b)"> An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.</subsection></subsection><subsection number="75A-2-110(5)"><subsection number="75A-2-110(5)(a)">Incapacity of the principal of a power of attorney that is not durable does not revoke or terminate the power of attorney as to an agent or other person that, without actual knowledge of the incapacity, acts in good faith under the power of attorney. </subsection><subsection number="75A-2-110(5)(b)"> An act so performed, unless otherwise invalid or unenforceable, binds the principal and the principal's successors in interest.</subsection></subsection><subsection number="75A-2-110(6)">The execution of a power of attorney does not revoke a power of attorney previously executed by the principal unless the subsequent power of attorney provides that the previous power of attorney is revoked or that all other powers of attorney are revoked.</subsection><subsection number="75A-2-110(7)">The principal may revoke or amend a power of attorney:<subsection number="75A-2-110(7)(a)">by substantial compliance with a method provided in the terms of the power of attorney that expressly excludes all other methods for amending or revoking the power of attorney; or</subsection><subsection number="75A-2-110(7)(b)">if the terms of the power of attorney do not provide a method or the method provided in the terms is not expressly made exclusive, by any other method manifesting clear and convincing evidence of the principal's intent.</subsection></subsection></section><section number="75A-2-111"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Coagents and successor agents.</catchline><subsection number="75A-2-111(1)"><subsection number="75A-2-111(1)(a)">A principal may designate two or more persons to act as coagents. </subsection><subsection number="75A-2-111(1)(b)"> Unless the power of attorney otherwise provides, each coagent may exercise its authority independently.</subsection></subsection><subsection number="75A-2-111(2)"><subsection number="75A-2-111(2)(a)">A principal may designate one or more successor agents to act if an agent resigns, dies, becomes incapacitated, is not qualified to serve, or declines to serve. </subsection><subsection number="75A-2-111(2)(b)"> A principal may grant authority to designate one or more successor agents to an agent or other person designated by name, office, or function.</subsection><subsection number="75A-2-111(2)(c)">Unless the power of attorney otherwise provides, a successor agent:<subsection number="75A-2-111(2)(c)(i)">has the same authority as that granted to the original agent; and</subsection><subsection number="75A-2-111(2)(c)(ii)">may not act until all predecessor agents have resigned, died, become incapacitated, are no longer qualified to serve, or have declined to serve.</subsection></subsection></subsection><subsection number="75A-2-111(3)">Except as otherwise provided in the power of attorney and Subsection (4), an agent that does not participate in or conceal a breach of fiduciary duty committed by another agent, including a predecessor agent, is not liable for the actions of the other agent.</subsection><subsection number="75A-2-111(4)"><subsection number="75A-2-111(4)(a)">An agent that has accepted appointment and that has actual knowledge of a breach or imminent breach of fiduciary duty by another agent shall notify the principal and, if the principal is incapacitated, take any action reasonably appropriate in the circumstances to safeguard the principal's best interest.</subsection><subsection number="75A-2-111(4)(b)">An agent that fails to notify the principal or take action as required by this subsection is liable for the reasonably foreseeable damages that could have been avoided if the agent had notified the principal or taken action.</subsection></subsection></section><section number="75A-2-112"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Reimbursement and compensation of agent.</catchline><tab/>Unless the power of attorney otherwise provides, an agent is entitled to reimbursement of expenses reasonably incurred on behalf of the principal and to compensation that is reasonable under the circumstances.</section><section number="75A-2-113"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Agent's acceptance.</catchline><tab/>Except as otherwise provided in the power of attorney, a person accepts appointment as an agent under a power of attorney by exercising authority or performing duties as an agent or by any other assertion or conduct indicating acceptance.</section><section number="75A-2-114"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Agent's duties.</catchline><subsection number="75A-2-114(1)">Notwithstanding provisions in the power of attorney, an agent that has accepted appointment shall:<subsection number="75A-2-114(1)(a)">act in accordance with the principal's reasonable expectations to the extent actually known by the agent and, otherwise, in the principal's best interest;</subsection><subsection number="75A-2-114(1)(b)">act in good faith;</subsection><subsection number="75A-2-114(1)(c)">act only within the scope of authority granted in the power of attorney; and</subsection><subsection number="75A-2-114(1)(d)">comply with the terms of the power of attorney.</subsection></subsection><subsection number="75A-2-114(2)"><subsection number="75A-2-114(2)(a)">Except as otherwise provided in the power of attorney or other provision of this chapter, an agent that has accepted appointment shall have no further obligation to act under the power of attorney.</subsection><subsection number="75A-2-114(2)(b)"> However, with respect to any action taken by the agent under the power of attorney, the agent shall:<subsection number="75A-2-114(2)(b)(i)">act loyally for the principal's benefit;</subsection><subsection number="75A-2-114(2)(b)(ii)">act so as not to create a conflict of interest that impairs the agent's ability to act impartially in the principal's best interest;</subsection><subsection number="75A-2-114(2)(b)(iii)">act with the care, competence, and diligence ordinarily exercised by agents in similar circumstances;</subsection><subsection number="75A-2-114(2)(b)(iv)">keep a record of all receipts, disbursements, and transactions made on behalf of the principal;</subsection><subsection number="75A-2-114(2)(b)(v)">cooperate with a person that has authority to make health care decisions for the principal to carry out the principal's reasonable expectations to the extent actually known by the agent and, otherwise, act in the principal's best interest; and</subsection><subsection number="75A-2-114(2)(b)(vi)">attempt to preserve the principal's estate plan, to the extent actually known by the agent, if preserving the plan is consistent with the principal's best interest based on all relevant factors, including:<subsection number="75A-2-114(2)(b)(vi)(A)">the value and nature of the principal's property;</subsection><subsection number="75A-2-114(2)(b)(vi)(B)">the principal's foreseeable obligations and need for maintenance;</subsection><subsection number="75A-2-114(2)(b)(vi)(C)">minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes; and</subsection><subsection number="75A-2-114(2)(b)(vi)(D)">eligibility for a benefit, a program, or assistance under a statute, rule, or regulation.</subsection></subsection></subsection></subsection><subsection number="75A-2-114(3)">An agent that acts in good faith is not liable to any beneficiary of the principal's estate plan for failure to preserve the plan.</subsection><subsection number="75A-2-114(4)">An agent that acts with care, competence, and diligence for the best interest of the principal is not liable solely because the agent also benefits from the act or has an individual or conflicting interest in relation to the property or affairs of the principal.</subsection><subsection number="75A-2-114(5)">If an agent is selected by the principal because of special skills or expertise possessed by the agent or in reliance on the agent's representation that the agent has special skills or expertise, the special skills or expertise shall be considered in determining whether the agent has acted with care, competence, and diligence under the circumstances.</subsection><subsection number="75A-2-114(6)">Absent a breach of duty to the principal, an agent is not liable if the value of the principal's property declines.</subsection><subsection number="75A-2-114(7)">An agent that exercises authority to delegate to another person the authority granted by the principal or that engages another person on behalf of the principal is not liable for an act, error of judgment, or default of that person if the agent exercises care, competence, and diligence in selecting and monitoring the person.</subsection><subsection number="75A-2-114(8)"><subsection number="75A-2-114(8)(a)">Except as otherwise provided in the power of attorney, an agent is not required to disclose receipts, disbursements, or transactions conducted on behalf of the principal unless ordered by a court or requested by the principal, a guardian, a conservator, another fiduciary acting for the principal, a governmental agency having authority to protect the welfare of the principal, an interested person, as defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>, after the principal's incapacity, or upon the death of the principal, by the personal representative or successor in interest of the principal's estate.</subsection><subsection number="75A-2-114(8)(b)">If so requested, within 30 days the agent shall comply with the request or provide a writing or other record substantiating why additional time is needed and shall comply with the request within an additional 30 days.</subsection></subsection></section><section number="75A-2-115"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Exoneration of agent.</catchline><tab/>A provision in a power of attorney relieving an agent of liability for breach of duty is binding on the principal and the principal's successors in interest except to the extent the provision:<subsection number="75A-2-115(1)">relieves the agent of liability for breach of duty committed dishonestly, with an improper motive, or with reckless indifference to the purposes of the power of attorney or the best interest of the principal; or</subsection><subsection number="75A-2-115(2)">was inserted as a result of an abuse of a confidential or fiduciary relationship with the principal.</subsection></section><section number="75A-2-116"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Judicial relief.</catchline><subsection number="75A-2-116(1)">The following persons may petition a court to construe a power of attorney or review the agent's conduct and grant appropriate relief:<subsection number="75A-2-116(1)(a)">the principal or the agent;</subsection><subsection number="75A-2-116(1)(b)">a guardian, conservator, or other fiduciary acting for the principal;</subsection><subsection number="75A-2-116(1)(c)">a person authorized to make health care decisions for the principal;</subsection><subsection number="75A-2-116(1)(d)">the principal's spouse, parent as defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>, or descendant;</subsection><subsection number="75A-2-116(1)(e)">an individual who would qualify as a presumptive heir of the principal;</subsection><subsection number="75A-2-116(1)(f)">a person named as a beneficiary to receive any property, benefit, or contractual right on the principal's death or as a beneficiary of a trust created by or for the principal that has a financial interest in the principal's estate;</subsection><subsection number="75A-2-116(1)(g)">a governmental agency having regulatory authority to protect the welfare of the principal;</subsection><subsection number="75A-2-116(1)(h)">the principal's caregiver or another person that demonstrates sufficient interest in the principal's welfare; and</subsection><subsection number="75A-2-116(1)(i)">a person asked to accept the power of attorney.</subsection></subsection><subsection number="75A-2-116(2)">Upon motion by the principal, the court shall dismiss a petition filed under this section, unless the court finds that the principal lacks capacity to revoke the agent's authority or the power of attorney.</subsection></section><section number="75A-2-117"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Agent's liability.</catchline><tab/>An agent that violates this chapter is liable to the principal or the principal's successors in interest for the amount required to:<subsection number="75A-2-117(1)">restore the value of the principal's property to what it would have been had the violation not occurred; and</subsection><subsection number="75A-2-117(2)">reimburse the principal or the principal's successors in interest for the attorney fees and costs paid on the agent's behalf.</subsection></section><section number="75A-2-118"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Agent's resignation -- Notice.</catchline><tab/>Unless the power of attorney provides a different method for an agent's resignation, an agent may resign by giving notice to the principal and, if the principal is incapacitated:<subsection number="75A-2-118(1)">to the guardian, if one has been appointed for the principal, and a coagent or successor agent; or</subsection><subsection number="75A-2-118(2)">if there is no person described in Subsection (1), to:<subsection number="75A-2-118(2)(a)">the principal's caregiver;</subsection><subsection number="75A-2-118(2)(b)">another person reasonably believed by the agent to have sufficient interest in the principal's welfare; or</subsection><subsection number="75A-2-118(2)(c)">a governmental agency having authority to protect the welfare of the principal.</subsection></subsection></section><section number="75A-2-119"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Acceptance of and reliance upon acknowledged power of attorney.</catchline><subsection number="75A-2-119(1)">As used in this section, "acknowledged" means purportedly verified before a notary public or other individual authorized to take acknowledgements.</subsection><subsection number="75A-2-119(2)">A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the signature is not genuine may rely upon the presumption under Section <xref depth="3" refnumber="75A-2-105">75A-2-105</xref> that the signature is genuine.</subsection><subsection number="75A-2-119(3)">A person that in good faith accepts an acknowledged power of attorney without actual knowledge that the power of attorney is void, invalid, or terminated, that the purported agent's authority is void, invalid, or terminated, or that the agent is exceeding or improperly exercising the agent's authority may rely upon the power of attorney as if the power of attorney were genuine, valid, and still in effect, the agent's authority were genuine, valid, and still in effect, and the agent had not exceeded and had properly exercised the authority.</subsection><subsection number="75A-2-119(4)">A person that is asked to accept an acknowledged power of attorney may request, and rely upon, without further investigation:<subsection number="75A-2-119(4)(a)">an agent's certification under penalty of perjury of any factual matter concerning the principal, agent, or power of attorney;</subsection><subsection number="75A-2-119(4)(b)">an English translation of the power of attorney if the power of attorney contains, in whole or in part, language other than English; and</subsection><subsection number="75A-2-119(4)(c)">an opinion of counsel as to any matter of law concerning the power of attorney if the person making the request provides in a writing or other record the reason for the request.</subsection></subsection><subsection number="75A-2-119(5)">An English translation or an opinion of counsel requested under this section shall be provided at the principal's expense unless the request is made more than seven business days after the power of attorney is presented for acceptance.</subsection><subsection number="75A-2-119(6)">For purposes of this section and Section <xref depth="3" refnumber="75A-2-120">75A-2-120</xref>, a person that conducts activities through employees is without actual knowledge of a fact relating to a power of attorney, a principal, or an agent if the employee conducting the transaction involving the power of attorney is without actual knowledge of the fact.</subsection></section><section number="75A-2-120"><histories><history>Amended by Chapter <modchap sess="2025GS">310</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Liability for refusal to accept acknowledged power of attorney.</catchline><subsection number="75A-2-120(1)">As used in this section, "acknowledged" means the same as that term is defined in Section <xref depth="3" refnumber="75A-2-119">75A-2-119</xref>.</subsection><subsection number="75A-2-120(2)">Except as otherwise provided in Subsection (3):<subsection number="75A-2-120(2)(a)">a person shall either accept an acknowledged power of attorney or request a certification, a translation, or an opinion of counsel under Subsection <xref depth="4" refnumber="75A-2-119(4)">75A-2-119(4)</xref> no later than seven business days after presentation of the power of attorney for acceptance;</subsection><subsection number="75A-2-120(2)(b)">if a person requests a certification, a translation, or an opinion of counsel under Subsection <xref depth="4" refnumber="75A-2-119(4)">75A-2-119(4)</xref>, the person shall accept the power of attorney no later than five business days after receipt of the certification, translation, or opinion of counsel; and</subsection><subsection number="75A-2-120(2)(c)">a person may not require an additional or different form of power of attorney for authority granted in the power of attorney presented.</subsection></subsection><subsection number="75A-2-120(3)">A person is not required to accept an acknowledged power of attorney if:<subsection number="75A-2-120(3)(a)">the person is not otherwise required to engage in a transaction with the principal in the same circumstances;</subsection><subsection number="75A-2-120(3)(b)">engaging in a transaction with the agent or the principal in the same circumstances would be inconsistent with federal law;</subsection><subsection number="75A-2-120(3)(c)">the person has actual knowledge of the termination of the agent's authority or of the power of attorney before exercise of the power;</subsection><subsection number="75A-2-120(3)(d)">a request for a certification, a translation, or an opinion of counsel under Subsection <xref depth="4" refnumber="75A-2-119(4)">75A-2-119(4)</xref> is refused;</subsection><subsection number="75A-2-120(3)(e)">the person in good faith believes that the power is not valid or that the agent does not have the authority to perform the act requested, whether or not a certification, a translation, or an opinion of counsel under Subsection <xref depth="4" refnumber="75A-2-119(4)">75A-2-119(4)</xref> has been requested or provided; or</subsection><subsection number="75A-2-120(3)(f)">the person makes, or has actual knowledge that another person has made, a report to the Division of Aging and Adult Services stating a good faith belief that the principal may be subject to physical or financial abuse, neglect, exploitation, or abandonment by the agent or a person acting for or with the agent.</subsection></subsection><subsection number="75A-2-120(4)">A person that refuses in violation of this section to accept an acknowledged power of attorney is subject to:<subsection number="75A-2-120(4)(a)">a court order mandating acceptance of the power of attorney; and</subsection><subsection number="75A-2-120(4)(b)">liability for reasonable attorney fees and costs incurred in any action or proceeding that confirms the validity of the power of attorney or mandates acceptance of the power of attorney.</subsection></subsection><subsection number="75A-2-120(5)">Court proceedings under this section shall be conducted in accordance with the provisions of Title 75, Utah Uniform Probate Code, governing venue and procedures.</subsection></section><section number="75A-2-121"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Principles of law and equity.</catchline><tab/>Unless displaced by a provision of this chapter, the principles of law and equity supplement this act.</section><section number="75A-2-122"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Laws applicable to financial institutions and entities.</catchline><tab/>This chapter does not supersede any other law applicable to financial institutions or other entities, and the other law controls if inconsistent with this chapter.</section><section number="75A-2-123"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Remedies under other law.</catchline><tab/>The remedies under this chapter are not exclusive and do not abrogate any right or remedy under the law of this state other than this chapter.</section></part><part number="75A-2-2"><catchline>Authority</catchline><section number="75A-2-201"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Authority that requires specific grant -- Grant of general authority.</catchline><subsection number="75A-2-201(1)">An agent under a power of attorney may do the following on behalf of the principal or with the principal's property only if the power of attorney expressly grants the agent the authority, and exercise of the authority is not otherwise prohibited by another agreement or instrument to which the authority or property is subject:<subsection number="75A-2-201(1)(a)">create, amend, revoke, or terminate an inter vivos trust;</subsection><subsection number="75A-2-201(1)(b)">make a gift;</subsection><subsection number="75A-2-201(1)(c)">create or change rights of survivorship;</subsection><subsection number="75A-2-201(1)(d)">create or change a beneficiary designation;</subsection><subsection number="75A-2-201(1)(e)">delegate authority granted under the power of attorney;</subsection><subsection number="75A-2-201(1)(f)">waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan;</subsection><subsection number="75A-2-201(1)(g)">exercise fiduciary powers that the principal has authority to delegate; or</subsection><subsection number="75A-2-201(1)(h)">disclaim property or otherwise exercise a power of appointment.</subsection></subsection><subsection number="75A-2-201(2)">Notwithstanding a grant of authority to do an act described in Subsection (1), unless the power of attorney otherwise provides, an agent that is not an ancestor, spouse, or descendant of the principal may not exercise authority under a power of attorney to create in the agent, or in an individual to whom the agent owes a legal obligation of support, an interest in the principal's property, whether by gift, right of survivorship, beneficiary designation, disclaimer, or otherwise.</subsection><subsection number="75A-2-201(3)">Subject to Subsections (1), (2), (4), and (5), if a power of attorney grants to an agent authority to do all acts that a principal could do, the agent has the general authority described in Sections <xref depth="3" refnumber="75A-2-204">75A-2-204</xref> through <xref depth="3" refnumber="75A-2-216">75A-2-216</xref>.</subsection><subsection number="75A-2-201(4)">Unless the power of attorney otherwise provides, a grant of authority to make a gift is subject to Section <xref depth="3" refnumber="75A-2-217">75A-2-217</xref>.</subsection><subsection number="75A-2-201(5)">Subject to Subsections (1), (2), and (4), if the subjects over which authority is granted in a power of attorney are similar or overlap, the broadest authority controls.</subsection><subsection number="75A-2-201(6)">Authority granted in a power of attorney is exercisable with respect to property that the principal has when the power of attorney is executed or acquires later, whether or not the property is located in this state and whether or not the authority is exercised or the power of attorney is executed in this state.</subsection><subsection number="75A-2-201(7)">An act performed by an agent pursuant to a power of attorney has the same effect, inures to the benefit of, and binds the principal and the principal's successors in interest as if the principal had performed the act.</subsection></section><section number="75A-2-202"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Incorporation of authority.</catchline><subsection number="75A-2-202(1)">An agent has authority described in this part if the power of attorney refers to general authority with respect to the descriptive term for the subjects stated in Sections <xref depth="3" refnumber="75A-2-204">75A-2-204</xref> through <xref depth="3" refnumber="75A-2-217">75A-2-217</xref> or cites the section in which the authority is described.</subsection><subsection number="75A-2-202(2)">A reference in a power of attorney to general authority with respect to the descriptive term for a subject in Sections <xref depth="3" refnumber="75A-2-204">75A-2-204</xref> through <xref depth="3" refnumber="75A-2-217">75A-2-217</xref> or a citation to a section of Sections <xref depth="3" refnumber="75A-2-204">75A-2-204</xref> through <xref depth="3" refnumber="75A-2-217">75A-2-217</xref> incorporates the entire section as if it were set out in full in the power of attorney.</subsection><subsection number="75A-2-202(3)">A principal may modify authority incorporated by reference.</subsection></section><section number="75A-2-203"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Construction of authority generally.</catchline><tab/>Except as otherwise provided in the power of attorney, by executing a power of attorney that incorporates by reference a subject described in Sections <xref depth="3" refnumber="75A-2-204">75A-2-204</xref> through <xref depth="3" refnumber="75A-2-217">75A-2-217</xref> or that grants to an agent authority to do all acts that a principal could do pursuant to Subsection <xref depth="4" refnumber="75A-2-201(3)">75A-2-201(3)</xref>, a principal authorizes the agent, with respect to that subject, to:<subsection number="75A-2-203(1)">demand, receive, and obtain, by litigation or otherwise, money or another thing of value to which the principal is, may become, or claims to be entitled, and conserve, invest, disburse, or use anything so received or obtained for the purposes intended;</subsection><subsection number="75A-2-203(2)">contract in any manner with any person, on terms agreeable to the agent, to accomplish a purpose of a transaction and perform, rescind, cancel, terminate, reform, restate, release, or modify the contract or another contract made by or on behalf of the principal;</subsection><subsection number="75A-2-203(3)">execute, acknowledge, seal, deliver, file, or record any instrument or communication the agent considers desirable to accomplish a purpose of a transaction, including creating at any time a schedule listing some or all of the principal's property and attaching it to the power of attorney;</subsection><subsection number="75A-2-203(4)">initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to a claim existing in favor of or against the principal or intervene in litigation relating to the claim;</subsection><subsection number="75A-2-203(5)">seek on the principal's behalf the assistance of a court or other governmental agency to carry out an act authorized in the power of attorney;</subsection><subsection number="75A-2-203(6)">engage, compensate, and discharge an attorney, accountant, discretionary investment manager, expert witness, or other advisor;</subsection><subsection number="75A-2-203(7)">prepare, execute, and file a record, report, or other document to safeguard or promote the principal's interest under a statute or regulation;</subsection><subsection number="75A-2-203(8)">communicate with any representative or employee of a government or governmental subdivision, agency, or instrumentality on behalf of the principal;</subsection><subsection number="75A-2-203(9)">access communications intended for, and communicate on behalf of the principal, whether by mail, electronic transmission, telephone, or other means; and</subsection><subsection number="75A-2-203(10)">do any lawful act with respect to the subject and all property related to the subject.</subsection></section><section number="75A-2-204"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Real property.</catchline><tab/>Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to real property authorizes the agent to:<subsection number="75A-2-204(1)">demand, buy, lease, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject an interest in real property or a right incident to real property;</subsection><subsection number="75A-2-204(2)"><subsection number="75A-2-204(2)(a)">sell;</subsection><subsection number="75A-2-204(2)(b)">exchange;</subsection><subsection number="75A-2-204(2)(c)">convey with or without covenants, representations, or warranties;</subsection><subsection number="75A-2-204(2)(d)">quitclaim;</subsection><subsection number="75A-2-204(2)(e)">release;</subsection><subsection number="75A-2-204(2)(f)">surrender;</subsection><subsection number="75A-2-204(2)(g)">retain title for security;</subsection><subsection number="75A-2-204(2)(h)">encumber;</subsection><subsection number="75A-2-204(2)(i)">partition;</subsection><subsection number="75A-2-204(2)(j)">consent to partitioning;</subsection><subsection number="75A-2-204(2)(k)">subject to an easement or covenant;</subsection><subsection number="75A-2-204(2)(l)">subdivide;</subsection><subsection number="75A-2-204(2)(m)">apply for zoning or other governmental permits;</subsection><subsection number="75A-2-204(2)(n)">plat or consent to platting;</subsection><subsection number="75A-2-204(2)(o)">develop;</subsection><subsection number="75A-2-204(2)(p)">grant an option concerning;</subsection><subsection number="75A-2-204(2)(q)">lease;</subsection><subsection number="75A-2-204(2)(r)">sublease;</subsection><subsection number="75A-2-204(2)(s)">contribute to an entity in exchange for an interest in that entity; or</subsection><subsection number="75A-2-204(2)(t)">otherwise grant or dispose of an interest in real property or a right incident to real property;</subsection></subsection><subsection number="75A-2-204(3)">pledge or mortgage an interest in real property or right incident to real property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;</subsection><subsection number="75A-2-204(4)">release, assign, satisfy, or enforce by litigation or otherwise a mortgage, deed of trust, conditional sale contract, encumbrance, lien, or other claim to real property that exists or is asserted;</subsection><subsection number="75A-2-204(5)">manage or conserve an interest in real property or a right incident to real property owned or claimed to be owned by the principal, including:<subsection number="75A-2-204(5)(a)">insuring against liability or casualty or other loss;</subsection><subsection number="75A-2-204(5)(b)">obtaining or regaining possession of or protecting the interest or right by litigation or otherwise;</subsection><subsection number="75A-2-204(5)(c)">paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments; and</subsection><subsection number="75A-2-204(5)(d)">purchasing supplies, hiring assistance or labor, and making repairs or alterations to the real property;</subsection></subsection><subsection number="75A-2-204(6)">use, develop, alter, replace, remove, erect, or install structures or other improvements upon real property in or incident to which the principal has, or claims to have, an interest or right;</subsection><subsection number="75A-2-204(7)">participate in a reorganization with respect to real property or an entity that owns an interest in or right incident to real property and receive, hold, and act with respect to stocks and bonds or other property received in a plan of reorganization, including:<subsection number="75A-2-204(7)(a)">selling or otherwise disposing of stocks and bonds;</subsection><subsection number="75A-2-204(7)(b)">exercising or selling an option, right of conversion, or similar right with respect to stocks and bonds; and</subsection><subsection number="75A-2-204(7)(c)">exercising any voting rights in person or by proxy;</subsection></subsection><subsection number="75A-2-204(8)">change the form of title of an interest in or right incident to real property; and</subsection><subsection number="75A-2-204(9)">dedicate to public use, with or without consideration, easements or other real property in which the principal has, or claims to have, an interest.</subsection></section><section number="75A-2-205"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Tangible personal property.</catchline><tab/>Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to tangible personal property authorizes the agent to:<subsection number="75A-2-205(1)">demand, buy, receive, accept as a gift or as security for an extension of credit, or otherwise acquire or reject ownership or possession of tangible personal property or an interest in tangible personal property;</subsection><subsection number="75A-2-205(2)">sell; exchange; convey with or without covenants, representations, or warranties; quitclaim; release; surrender; create a security interest in; grant options concerning; lease; sublease; or otherwise dispose of tangible personal property or an interest in tangible personal property;</subsection><subsection number="75A-2-205(3)">grant a security interest in tangible personal property or an interest in tangible personal property as security to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;</subsection><subsection number="75A-2-205(4)">release, assign, satisfy, or enforce by litigation or otherwise, a security interest, lien, or other claim on behalf of the principal, with respect to tangible personal property or an interest in tangible personal property;</subsection><subsection number="75A-2-205(5)">manage or conserve tangible personal property or an interest in tangible personal property on behalf of the principal, including:<subsection number="75A-2-205(5)(a)">insuring against liability, casualty, or other loss;</subsection><subsection number="75A-2-205(5)(b)">obtaining or regaining possession of or protecting the property or interest, by litigation or otherwise;</subsection><subsection number="75A-2-205(5)(c)">paying, assessing, compromising, or contesting taxes or assessments or applying for and receiving refunds in connection with taxes or assessments;</subsection><subsection number="75A-2-205(5)(d)">moving the property from place to place;</subsection><subsection number="75A-2-205(5)(e)">storing the property for hire or on a gratuitous bailment; and</subsection><subsection number="75A-2-205(5)(f)">using and making repairs, alterations, or improvements to the property; and</subsection></subsection><subsection number="75A-2-205(6)">change the form of title of an interest in tangible personal property.</subsection></section><section number="75A-2-206"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Stocks and bonds.</catchline><tab/>Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to stocks and bonds authorizes the agent to:<subsection number="75A-2-206(1)">buy, sell, and exchange stocks and bonds;</subsection><subsection number="75A-2-206(2)">establish, continue, modify, or terminate an account with respect to stocks and bonds;</subsection><subsection number="75A-2-206(3)">pledge stocks and bonds as security to borrow, pay, renew, or extend the time of payment of a debt of the principal;</subsection><subsection number="75A-2-206(4)">receive certificates and other evidences of ownership with respect to stocks and bonds; and</subsection><subsection number="75A-2-206(5)">exercise voting rights with respect to stocks and bonds in person or by proxy, enter into voting trusts, and consent to limitations on the right to vote.</subsection></section><section number="75A-2-207"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Commodities and options.</catchline><tab/>Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to commodities and options authorizes the agent to:<subsection number="75A-2-207(1)">buy, sell, exchange, assign, settle, and exercise commodity futures contracts and call or put options on stocks or stock indexes traded on a regulated option exchange; and</subsection><subsection number="75A-2-207(2)">establish, continue, modify, and terminate option accounts.</subsection></section><section number="75A-2-208"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Banks and other financial institutions.</catchline><tab/>Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to banks and other financial institutions authorizes the agent to:<subsection number="75A-2-208(1)">continue, modify, and terminate an account or other banking arrangement made by or on behalf of the principal;</subsection><subsection number="75A-2-208(2)">establish, modify, and terminate an account or other banking arrangement with a bank, trust company, savings and loan association, credit union, thrift company, brokerage firm, or other financial institution selected by the agent;</subsection><subsection number="75A-2-208(3)">contract for services available from a financial institution, including renting or closing a safe deposit box or space in a vault;</subsection><subsection number="75A-2-208(4)">withdraw, by check, order, electronic funds transfer, or otherwise, money or property of the principal deposited with or left in the custody of a financial institution;</subsection><subsection number="75A-2-208(5)">receive statements of account, vouchers, notices, and similar documents from a financial institution and act with respect to them;</subsection><subsection number="75A-2-208(6)">enter a safe deposit box or vault and withdraw or add to the contents;</subsection><subsection number="75A-2-208(7)">borrow money and pledge as security personal property of the principal necessary to borrow money or pay, renew, or extend the time of payment of a debt of the principal or a debt guaranteed by the principal;</subsection><subsection number="75A-2-208(8)">make, assign, draw, endorse, discount, guarantee, and negotiate promissory notes, checks, drafts, and other negotiable or nonnegotiable paper of the principal or payable to the principal or the principal's order, transfer money, receive the cash or other proceeds of those transactions, and accept a draft drawn by a person upon the principal and pay it when due;</subsection><subsection number="75A-2-208(9)">receive for the principal and act upon a sight draft, warehouse receipt, or other document of title whether tangible or electronic, or other negotiable or nonnegotiable instrument;</subsection><subsection number="75A-2-208(10)">apply for, receive, and use letters of credit, credit and debit cards, electronic transaction authorizations, and traveler's checks from a financial institution and give an indemnity or other agreement in connection with letters of credit; and</subsection><subsection number="75A-2-208(11)">consent to an extension of the time of payment with respect to commercial paper or a financial transaction with a financial institution.</subsection></section><section number="75A-2-209"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Operation of entity or business.</catchline><tab/>Subject to the terms of a document or an agreement governing an entity or an entity ownership interest, and unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to operation of an entity or business authorizes the agent to:<subsection number="75A-2-209(1)">operate, buy, sell, enlarge, reduce, or terminate an ownership interest;</subsection><subsection number="75A-2-209(2)">perform a duty or discharge a liability and exercise in person or by proxy a right, power, privilege, or option that the principal has, may have, or claims to have;</subsection><subsection number="75A-2-209(3)">enforce the terms of an ownership agreement;</subsection><subsection number="75A-2-209(4)">initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party because of an ownership interest;</subsection><subsection number="75A-2-209(5)">exercise in person or by proxy, or enforce by litigation or otherwise, a right, power, privilege, or option the principal has or claims to have as the holder of stocks and bonds;</subsection><subsection number="75A-2-209(6)">initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to which the principal is a party concerning stocks and bonds;</subsection><subsection number="75A-2-209(7)">with respect to an entity or business owned solely by the principal:<subsection number="75A-2-209(7)(a)">continue, modify, renegotiate, extend, and terminate a contract made by or on behalf of the principal with respect to the entity or business before execution of the power of attorney;</subsection><subsection number="75A-2-209(7)(b)">determine:<subsection number="75A-2-209(7)(b)(i)">the location of its operation;</subsection><subsection number="75A-2-209(7)(b)(ii)">the nature and extent of its business;</subsection><subsection number="75A-2-209(7)(b)(iii)">the methods of manufacturing, selling, merchandising, financing, accounting, and advertising employed in its operation;</subsection><subsection number="75A-2-209(7)(b)(iv)">the amount and types of insurance carried; and</subsection><subsection number="75A-2-209(7)(b)(v)">the mode of engaging, compensating, and dealing with its employees and accountants, attorneys, or other advisors;</subsection></subsection><subsection number="75A-2-209(7)(c)">change the name or form of organization under which the entity or business is operated and enter into an ownership agreement with other persons to take over all or part of the operation of the entity or business; and</subsection><subsection number="75A-2-209(7)(d)">demand and receive money due or claimed by the principal or on the principal's behalf in the operation of the entity or business and control and disburse the money in the operation of the entity or business;</subsection></subsection><subsection number="75A-2-209(8)">put additional capital into an entity or business in which the principal has an interest;</subsection><subsection number="75A-2-209(9)">join in a plan of reorganization, consolidation, conversion, domestication, or merger of the entity or business;</subsection><subsection number="75A-2-209(10)">sell or liquidate all or part of an entity or business;</subsection><subsection number="75A-2-209(11)">establish the value of an entity or business under a buy-out agreement to which the principal is a party;</subsection><subsection number="75A-2-209(12)">prepare, sign, file, and deliver reports, compilations of information, returns, or other papers with respect to an entity or business and make related payments; and</subsection><subsection number="75A-2-209(13)">pay, compromise, or contest taxes, assessments, fines, or penalties and perform any other act to protect the principal from illegal or unnecessary taxation, assessments, fines, or penalties, with respect to an entity or business, including attempts to recover, in any manner permitted by law, money paid before or after the execution of the power of attorney.</subsection></section><section number="75A-2-210"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Insurance and annuities.</catchline><tab/>Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to insurance and annuities authorizes the agent to:<subsection number="75A-2-210(1)">continue, pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract procured by or on behalf of the principal that insures or provides an annuity to either the principal or another person, whether or not the principal is a beneficiary under the contract;</subsection><subsection number="75A-2-210(2)">procure new, different, and additional contracts of insurance and annuities for the principal and the principal's spouse, child, and other dependents, and select the amount, type of insurance or annuity, and mode of payment;</subsection><subsection number="75A-2-210(3)">pay the premium or make a contribution on, modify, exchange, rescind, release, or terminate a contract of insurance or annuity procured by the agent;</subsection><subsection number="75A-2-210(4)">apply for and receive a loan secured by a contract of insurance or annuity;</subsection><subsection number="75A-2-210(5)">surrender and receive the cash surrender value on a contract of insurance or annuity;</subsection><subsection number="75A-2-210(6)">exercise an election;</subsection><subsection number="75A-2-210(7)">exercise investment powers available under a contract of insurance or annuity;</subsection><subsection number="75A-2-210(8)">change the manner of paying premiums on a contract of insurance or annuity;</subsection><subsection number="75A-2-210(9)">change or convert the type of insurance or annuity with respect to which the principal has or claims to have authority described in this section;</subsection><subsection number="75A-2-210(10)">apply for and procure a benefit or assistance under a statute or regulation to guarantee or pay premiums of a contract of insurance on the life of the principal;</subsection><subsection number="75A-2-210(11)">collect, sell, assign, hypothecate, borrow against, or pledge the interest of the principal in a contract of insurance or annuity;</subsection><subsection number="75A-2-210(12)">select the form and timing of the payment of proceeds from a contract of insurance or annuity; and</subsection><subsection number="75A-2-210(13)">pay, from proceeds or otherwise, compromise or contest, and apply for refunds in connection with a tax or assessment levied by a taxing authority with respect to a contract of insurance or annuity or its proceeds or liability accruing by reason of the tax or assessment.</subsection></section><section number="75A-2-211"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Estates, trusts, and other beneficial interests.</catchline><subsection number="75A-2-211(1)">As used in this section, "estate, trust, or other beneficial interest" means a trust, probate estate, guardianship, conservatorship, escrow, custodianship, or fund from which the principal is, may become, or claims to be entitled to a share or payment.</subsection><subsection number="75A-2-211(2)">Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to estates, trusts, and other beneficial interests authorizes the agent to:<subsection number="75A-2-211(2)(a)">accept, receive, receipt for, sell, assign, pledge, or exchange a share in or payment from an estate, trust, or other beneficial interest;</subsection><subsection number="75A-2-211(2)(b)">demand or obtain money or another thing of value to which the principal is, may become, or claims to be entitled by reason of an estate, trust, or other beneficial interest, by litigation or otherwise;</subsection><subsection number="75A-2-211(2)(c)">exercise for the benefit of the principal a presently exercisable general power of appointment held by the principal;</subsection><subsection number="75A-2-211(2)(d)">initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to ascertain the meaning, validity, or effect of a deed, will, declaration of trust, or other instrument or transaction affecting the interest of the principal;</subsection><subsection number="75A-2-211(2)(e)">initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation to remove, substitute, or surcharge a fiduciary;</subsection><subsection number="75A-2-211(2)(f)">conserve, invest, disburse, or use anything received for an authorized purpose;</subsection><subsection number="75A-2-211(2)(g)">transfer an interest of the principal in real property, stocks and bonds, accounts with financial institutions or securities intermediaries, insurance, annuities, and other property to the trustee of a revocable trust created by the principal as settlor; and</subsection><subsection number="75A-2-211(2)(h)">reject, renounce, disclaim, release, or consent to a reduction in or modification of a share in or payment from an estate, trust, or other beneficial interest.</subsection></subsection></section><section number="75A-2-212"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Claims and litigation.</catchline><tab/>Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to claims and litigation authorizes the agent to:<subsection number="75A-2-212(1)">assert and maintain before a court or administrative agency a claim, claim for relief, cause of action, counterclaim, offset, recoupment, or defense, including an action to recover property or other thing of value, recover damages sustained by the principal, eliminate or modify tax liability, or seek an injunction, specific performance, or other relief;</subsection><subsection number="75A-2-212(2)">bring an action to determine adverse claims or intervene or otherwise participate in litigation;</subsection><subsection number="75A-2-212(3)">seek an attachment, garnishment, order of arrest, or other preliminary, provisional, or intermediate relief and use an available procedure to effect or satisfy a judgment, order, or decree;</subsection><subsection number="75A-2-212(4)">make or accept a tender, offer of judgment, or admission of facts, submit a controversy on an agreed statement of facts, consent to examination, and bind the principal in litigation;</subsection><subsection number="75A-2-212(5)">submit to alternative dispute resolution, settle, and propose or accept a compromise;</subsection><subsection number="75A-2-212(6)">waive the issuance and service of process upon the principal, accept service of process, appear for the principal, designate persons upon which process directed to the principal may be served, execute and file or deliver stipulations on the principal's behalf, verify pleadings, seek appellate review, procure and give surety and indemnity bonds, contract and pay for the preparation and printing of records and briefs, receive, execute, and file or deliver a consent, waiver, release, confession of judgment, satisfaction of judgment, notice, agreement, or other instrument in connection with the prosecution, settlement, or defense of a claim or litigation;</subsection><subsection number="75A-2-212(7)">act for the principal with respect to bankruptcy or insolvency, whether voluntary or involuntary, concerning the principal or some other person, or with respect to a reorganization, receivership, or application for the appointment of a receiver or trustee that affects an interest of the principal in property or other thing of value;</subsection><subsection number="75A-2-212(8)">pay a judgment, award, or order against the principal or a settlement made in connection with a claim or litigation; and</subsection><subsection number="75A-2-212(9)">receive money or other thing of value paid in settlement of or as proceeds of a claim or litigation.</subsection></section><section number="75A-2-213"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Personal and family maintenance.</catchline><subsection number="75A-2-213(1)">Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to personal and family maintenance authorizes the agent to:<subsection number="75A-2-213(1)(a)">perform the acts necessary to maintain the customary standard of living of the principal, the principal's spouse, and the following individuals, whether living when the power of attorney is executed or later born:<subsection number="75A-2-213(1)(a)(i)">a child of the principal;</subsection><subsection number="75A-2-213(1)(a)(ii)">other individuals legally entitled to be supported by the principal; and</subsection><subsection number="75A-2-213(1)(a)(iii)">the individuals whom the principal has customarily supported or indicated the intent to support;</subsection></subsection><subsection number="75A-2-213(1)(b)">make periodic payments of child support and other family maintenance required by a court or governmental agency or an agreement to which the principal is a party;</subsection><subsection number="75A-2-213(1)(c)">provide living quarters for the individuals described in Subsection (1)(a) by:<subsection number="75A-2-213(1)(c)(i)">purchase, lease, or other contract; or</subsection><subsection number="75A-2-213(1)(c)(ii)">paying the operating costs, including interest, amortization payments, repairs, improvements, and taxes, for premises owned by the principal or occupied by those individuals;</subsection></subsection><subsection number="75A-2-213(1)(d)">provide normal domestic help, usual vacations and travel expenses, and funds for shelter, clothing, food, appropriate education, including postsecondary and vocational education, and other current living costs for the individuals described in Subsection (1)(a);</subsection><subsection number="75A-2-213(1)(e)">pay expenses for necessary health care and custodial care on behalf of the individuals described in Subsection (1)(a);</subsection><subsection number="75A-2-213(1)(f)">act as the principal's personal representative pursuant to the Health Insurance Portability and Accountability Act, Sections 1171 through 1179 of the Social Security Act, 42 U.S.C. Sec. 1320d, and applicable regulations, in making decisions related to the past, present, or future payment for the provision of health care consented to by the principal or anyone authorized under the law of this state to consent to health care on behalf of the principal;</subsection><subsection number="75A-2-213(1)(g)">continue any provision made by the principal for automobiles or other means of transportation, including registering, licensing, insuring, and replacing them, for the individuals described in Subsection (1)(a);</subsection><subsection number="75A-2-213(1)(h)">maintain credit and debit accounts and open new accounts for the convenience of the individuals described in Subsection (1)(a); and</subsection><subsection number="75A-2-213(1)(i)">continue payments incidental to the membership or affiliation of the principal in a religious institution, club, society, order, or other organization or to continue contributions to those organizations.</subsection></subsection><subsection number="75A-2-213(2)">Authority with respect to personal and family maintenance is neither dependent upon, nor limited by, authority that an agent may or may not have with respect to gifts under this chapter.</subsection></section><section number="75A-2-214"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Benefits from governmental programs or civil or military service.</catchline><subsection number="75A-2-214(1)">As used in this section, "benefits from governmental programs or civil or military service" means any benefit, program, or assistance provided under a statute or regulation, including social security, Medicare, and Medicaid.</subsection><subsection number="75A-2-214(2)">Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to benefits from governmental programs or civil or military service authorizes the agent to:<subsection number="75A-2-214(2)(a)">execute vouchers in the name of the principal for allowances and reimbursements payable by the United States or a foreign government or by a state or subdivision of a state to the principal, including allowances and reimbursements for transportation of the individuals described in Subsection <xref depth="4" refnumber="75A-2-213(1)(a)">75A-2-213(1)(a)</xref>, and for shipment of their household effects;</subsection><subsection number="75A-2-214(2)(b)">take possession and order the removal and shipment of property of the principal from a post, warehouse, depot, dock, or other place of storage or safekeeping, either governmental or private, and execute and deliver a release, voucher, receipt, bill of lading, shipping ticket, certificate, or other instrument for that purpose;</subsection><subsection number="75A-2-214(2)(c)">enroll in, apply for, select, reject, change, amend, or discontinue, on the principal's behalf, a benefit or program;</subsection><subsection number="75A-2-214(2)(d)">prepare, file, and maintain a claim of the principal for a benefit or assistance, financial or otherwise, to which the principal may be entitled under a statute or regulation;</subsection><subsection number="75A-2-214(2)(e)">initiate, participate in, submit to alternative dispute resolution, settle, oppose, or propose or accept a compromise with respect to litigation concerning any benefit or assistance the principal may be entitled to receive under a statute or regulation; and</subsection><subsection number="75A-2-214(2)(f)">receive the financial proceeds of a claim described in Subsection (2)(d) and conserve, invest, disburse, or use for a lawful purpose anything received.</subsection></subsection></section><section number="75A-2-215"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Retirement plans.</catchline><subsection number="75A-2-215(1)">As used in this section, "retirement plan" means a plan or account created by an employer, the principal, or another individual to provide retirement benefits or deferred compensation of which the principal is a participant, beneficiary, or owner, including a plan or account under the following sections of the Internal Revenue Code:<subsection number="75A-2-215(1)(a)">an individual retirement account under Section 408, Internal Revenue Code;</subsection><subsection number="75A-2-215(1)(b)">a Roth individual retirement account under Section 408A, Internal Revenue Code;</subsection><subsection number="75A-2-215(1)(c)">a deemed individual retirement account under Section 408(q), Internal Revenue Code;</subsection><subsection number="75A-2-215(1)(d)">an annuity or mutual fund custodial account under Section 403(b), Internal Revenue Code;</subsection><subsection number="75A-2-215(1)(e)">a pension, profit-sharing, stock bonus, or other retirement plan qualified under Section 401(a), Internal Revenue Code;</subsection><subsection number="75A-2-215(1)(f)">a plan under Section 457(b), Internal Revenue Code; and</subsection><subsection number="75A-2-215(1)(g)">a nonqualified deferred compensation plan under Section 409A, Internal Revenue Code.</subsection></subsection><subsection number="75A-2-215(2)">Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to retirement plans authorizes the agent to:<subsection number="75A-2-215(2)(a)">select the form and timing of payments under a retirement plan and withdraw benefits from a plan;</subsection><subsection number="75A-2-215(2)(b)">make a rollover, including a direct trustee-to-trustee rollover, of benefits from one retirement plan to another;</subsection><subsection number="75A-2-215(2)(c)">establish a retirement plan in the principal's name;</subsection><subsection number="75A-2-215(2)(d)">make contributions to a retirement plan;</subsection><subsection number="75A-2-215(2)(e)">exercise investment powers available under a retirement plan; and</subsection><subsection number="75A-2-215(2)(f)">borrow from, sell assets to, or purchase assets from a retirement plan.</subsection></subsection></section><section number="75A-2-216"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Taxes.</catchline><tab/>Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to taxes authorizes the agent to:<subsection number="75A-2-216(1)">prepare, sign, and file federal, state, local, and foreign income, gift, payroll, property, Federal Insurance Contributions Act, and other tax returns, claims for refunds, requests for extension of time, petitions regarding tax matters, and any other tax-related documents, including receipts, offers, waivers, consents, including consents and agreements under Section 2032A, Internal Revenue Code, closing agreements, and any power of attorney required by the Internal Revenue Service or other taxing authority with respect to a tax year upon which the statute of limitations has not run and the following 25 tax years;</subsection><subsection number="75A-2-216(2)">pay taxes due, collect refunds, post bonds, receive confidential information, and contest deficiencies determined by the Internal Revenue Service or other taxing authority;</subsection><subsection number="75A-2-216(3)">exercise any election available to the principal under federal, state, local, or foreign tax law; and</subsection><subsection number="75A-2-216(4)">act for the principal in all tax matters for all periods before the Internal Revenue Service or other taxing authority.</subsection></section><section number="75A-2-217"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Gifts.</catchline><subsection number="75A-2-217(1)">As used in this section, "for the benefit of" includes a gift to a trust, an account under <xref depth="3" refnumber="Chapter 8, Uniform Transfers to Minors Act">Chapter 8, Uniform Transfers to Minors Act</xref>, and a tuition savings account or prepaid tuition plan as defined under Section 529, Internal Revenue Code.</subsection><subsection number="75A-2-217(2)">Unless the power of attorney otherwise provides, language in a power of attorney granting general authority with respect to gifts authorizes the agent only to:<subsection number="75A-2-217(2)(a)">make outright to, or for the benefit of, a person a gift of any of the principal's property, including by the exercise of a presently exercisable general power of appointment held by the principal, in an amount per donee not to exceed the annual dollar limits of the federal gift tax exclusion under Section 2503(b), Internal Revenue Code, without regard to whether the federal gift tax exclusion applies to the gift, or if the principal's spouse agrees to consent to a split gift pursuant to Section 2513, Internal Revenue Code, in an amount per donee not to exceed twice the annual federal gift tax exclusion limit; and</subsection><subsection number="75A-2-217(2)(b)">consent, pursuant to Section 2513, Internal Revenue Code, to the splitting of a gift made by the principal's spouse in an amount per donee not to exceed the aggregate annual gift tax exclusions for both spouses.</subsection></subsection><subsection number="75A-2-217(3)">An agent may make a gift of the principal's property only as the agent determines is consistent with the principal's objectives if actually known by the agent and, if unknown, as the agent determines is consistent with the principal's best interest based on all relevant factors, including:<subsection number="75A-2-217(3)(a)">the value and nature of the principal's property;</subsection><subsection number="75A-2-217(3)(b)">the principal's foreseeable obligations and need for maintenance;</subsection><subsection number="75A-2-217(3)(c)">minimization of taxes, including income, estate, inheritance, generation-skipping transfer, and gift taxes;</subsection><subsection number="75A-2-217(3)(d)">eligibility for a benefit, program, or assistance under a statute or regulation; and</subsection><subsection number="75A-2-217(3)(e)">the principal's personal history of making or joining in making gifts.</subsection></subsection></section></part><part number="75A-2-3"><catchline>Statutory Forms</catchline><section number="75A-2-301"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Statutory form power of attorney.</catchline><tab/>A document substantially in the following form may be used to create a statutory form power of attorney that has the meaning and effect prescribed by this chapter.<eol/><center>STATUTORY FORM POWER OF ATTORNEY</center><eol/><center>IMPORTANT INFORMATION</center><eol/><tab/>This power of attorney authorizes another person (your agent) to make decisions concerning your property for you (the principal). Your agent will be able to make decisions and act with respect to your property (including your money) whether or not you are able to act for yourself. The meaning of authority over subjects listed on this form is explained in <xref depth="3" refnumber="Title 75A, Chapter 2, Uniform Power of Attorney Act">Title 75A, Chapter 2, Uniform Power of Attorney Act</xref>.<eol/><tab/>This power of attorney does not authorize the agent to make health care decisions for you.<eol/><tab/>You should select someone you trust to serve as your agent. Unless you specify otherwise, generally the agent's authority will continue until you die or revoke the power of attorney, or the agent resigns or is unable to act for you.<eol/><tab/>Your agent is entitled to reasonable compensation unless you state otherwise in the Special Instructions.<eol/><tab/>This form provides for designation of one agent. If you wish to name more than one agent you may name a coagent in the Special Instructions. Coagents are not required to act together unless you include that requirement in the Special Instructions.<eol/><tab/>If your agent is unable or unwilling to act for you, your power of attorney will end unless you have named a successor agent. You may also name a second successor agent.<eol/><tab/>This power of attorney becomes effective immediately unless you state otherwise in the Special Instructions.<eol/><tab/>If you have questions about the power of attorney or the authority you are granting to your agent, you should seek legal advice before signing this form.<eol/><center>DESIGNATION OF AGENT</center><eol/>I ________________________________________________________ name the following<eol/><tab/><tab/><tab/>(Name of Principal)<eol/>person as my agent:<eol/>Name of Agent:____________________________________________________________<eol/>Agent's Address:___________________________________________________________<eol/>Agent's Telephone Number:__________________________________________________<eol/><center>DESIGNATION OF SUCCESSOR AGENT(S) (OPTIONAL)</center><eol/>If my agent is unable or unwilling to act for me, I name as my successor agent:<eol/>Name of Successor Agent:____________________________________________<eol/>Successor Agent's Address: ________________________________________<eol/>Successor Agent's Telephone Number:___________________________________<eol/>If my successor agent is unable or unwilling to act for me, I name as my second successor agent:<eol/>Name of Second Successor Agent: _____________________________________<eol/>Second Successor Agent's Address: __________________________________<eol/>Second Successor Agent's Telephone Number: __________________________<eol/><center>GRANT OF GENERAL AUTHORITY</center><eol/>I grant my agent and any successor agent general authority to act for me with respect to the following subjects as defined in Title 75A, Chapter 2, Uniform Power of Attorney Act:<eol/>(INITIAL each subject you want to include in the agent's general authority. If you wish to grant general authority over all of the subjects you may initial "All Preceding Subjects" instead of initialing each subject.)<eol/>(___) Real Property<eol/>(___) Tangible Personal Property<eol/>(___) Stocks and Bonds<eol/>(___) Commodities and Options<eol/>(___) Banks and Other Financial Institutions<eol/>(___) Operation of Entity or Business<eol/>(___) Insurance and Annuities<eol/>(___) Estates, Trusts, and Other Beneficial Interests<eol/>(___) Claims and Litigation<eol/>(___) Personal and Family Maintenance<eol/>(___) Benefits from Governmental Programs or Civil or Military Service<eol/>(___) Retirement Plans<eol/>(___) Taxes<eol/>(___) All Preceding Subjects<eol/><center>GRANT OF SPECIFIC AUTHORITY (OPTIONAL)</center><eol/>My agent MAY NOT do any of the following specific acts for me UNLESS I have INITIALED the specific authority listed below:<eol/>(CAUTION: Granting any of the following will give your agent the authority to take actions that could significantly reduce your property or change how your property is distributed at your death. INITIAL ONLY the specific authority you WANT to give your agent.)<eol/>(___) Create, amend, revoke, or terminate an inter vivos trust<eol/>(___) Make a gift, subject to the limitations of Section <xref depth="3" refnumber="75A-2-217">75A-2-217</xref>, and any special instructions in this power of attorney<eol/>(___) Create or change rights of survivorship<eol/>(___) Create or change a beneficiary designation<eol/>(___) Authorize another person to exercise the authority granted under this power of attorney<eol/>(___) Waive the principal's right to be a beneficiary of a joint and survivor annuity, including a survivor benefit under a retirement plan<eol/>(___) Exercise fiduciary powers that the principal has authority to delegate<eol/>(___) Disclaim or refuse an interest in property, including a power of appointment<eol/><center>LIMITATION ON AGENT'S AUTHORITY</center><eol/>An agent that is not my ancestor, spouse, or descendant MAY NOT use my property to benefit the agent or a person to whom the agent owes an obligation of support unless I have included that authority in the Special Instructions.<eol/><center>SPECIAL INSTRUCTIONS (OPTIONAL)</center><eol/>You may give special instructions on the following lines:<eol/>____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________ ____________________________________________________________________________<eol/><center>EFFECTIVE DATE</center><eol/>This power of attorney is effective immediately unless I have stated otherwise in the Special Instructions.<eol/><center>NOMINATION OF CONSERVATOR OR GUARDIAN (OPTIONAL)</center><eol/>If it becomes necessary for a court to appoint a conservator of my estate or guardian of my person, I nominate the following person(s) for appointment:<eol/>Name of Nominee for conservator of my estate: _____________________________________<eol/>Nominee's Address:____________________________________________________________<eol/>Nominee's Telephone Number:___________________________________________________<eol/>Name of Nominee for guardian of my person: _______________________________________<eol/>Nominee's Address: ___________________________________________________________<eol/>Nominee's Telephone Number:___________________________________________________<eol/><center>RELIANCE ON THIS POWER OF ATTORNEY</center><eol/>Any person, including my agent, may rely upon the validity of this power of attorney or a copy of it unless that person knows it has terminated or is invalid.<eol/><center>SIGNATURE AND ACKNOWLEDGMENT</center><eol/>____________________________________________ _______________<eol/>Your Signature<tab/><tab/><tab/><tab/><tab/><tab/>Date<eol/>____________________________________________<eol/>Your Name Printed<eol/>____________________________________________<eol/>____________________________________________<eol/>Your Address<eol/>____________________________________________<eol/>Your Telephone Number<eol/>State of ____________________________<eol/>County of___________________________<eol/>This document was acknowledged before me on __________________________,<eol/><tab/><tab/><tab/><tab/><tab/><tab/><tab/><tab/>(Date)<eol/>by______________________________________.<eol/>(Name of Principal)<eol/>____________________________________________ (Seal, if any)<eol/>Signature of Notary<eol/>My commission expires: ________________________<eol/>[This document prepared by:<eol/>__________________________________________________________________<eol/>__________________________________________________________________]<eol/><center>IMPORTANT INFORMATION FOR AGENT</center><eol/>Agent's Duties<eol/>When you accept the authority granted under this power of attorney, a special legal relationship is created between you and the principal. This relationship imposes upon you legal duties that continue until you resign or the power of attorney is terminated or revoked. You shall:<eol/><tab/>(1) do what you know the principal reasonably expects you to do with the principal's property or, if you do not know the principal's expectations, act in the principal's best interest;<eol/><tab/>(2) act in good faith;<eol/><tab/>(3) do nothing beyond the authority granted in this power of attorney; and<eol/><tab/>(4) disclose your identity as an agent whenever you act for the principal by writing or printing the name of the principal and signing your own name as "agent" in the following manner:<eol/>(Principal's Name) by (Your Signature) as Agent<eol/>Unless the Special Instructions in this power of attorney state otherwise, you must also:<eol/><tab/>(1) act loyally for the principal's benefit;<eol/><tab/>(2) avoid conflicts that would impair your ability to act in the principal's best interest;<eol/><tab/>(3) act with care, competence, and diligence;<eol/><tab/>(4) keep a record of all receipts, disbursements, and transactions made on behalf of the principal;<eol/><tab/>(5) cooperate with any person that has authority to make health care decisions for the principal to do what you know the principal reasonably expects or, if you do not know the principal's expectations, to act in the principal's best interest; and<eol/><tab/>(6) attempt to preserve the principal's estate plan if you know the plan and preserving the plan is consistent with the principal's best interest.<eol/>Termination of Agent's Authority<eol/>You must stop acting on behalf of the principal if you learn of any event that terminates this power of attorney or your authority under this power of attorney. Events that terminate a power of attorney or your authority to act under a power of attorney include:<eol/><tab/>(1) death of the principal;<eol/><tab/>(2) the principal's revocation of the power of attorney or your authority;<eol/><tab/>(3) the occurrence of a termination event stated in the power of attorney;<eol/><tab/>(4) the purpose of the power of attorney is fully accomplished; or<eol/><tab/>(5) if you are married to the principal, a legal action is filed with a court to end your marriage, or for your legal separation, unless the Special Instructions in this power of attorney state that such an action will not terminate your authority.<eol/>Liability of Agent<eol/>The meaning of the authority granted to you is defined in <xref depth="3" refnumber="Title 75A, Chapter 2, Uniform Power of Attorney Act">Title 75A, Chapter 2, Uniform Power of Attorney Act</xref>. If you violate <xref depth="3" refnumber="Title 75A, Chapter 2, Uniform Power of Attorney Act">Title 75A, Chapter 2, Uniform Power of Attorney Act</xref>, or act outside the authority granted, you may be liable for any damages caused by your violation.<eol/><tab/>If there is anything about this document or your duties that you do not understand, you should seek legal advice.</section><section number="75A-2-302"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Agent's certification.</catchline><tab/>The following optional form may be used by an agent to certify facts concerning a power of attorney.<eol/><center>AGENT'S CERTIFICATION AS TO THE VALIDITY OF POWER</center><eol/><center>OF ATTORNEY AND AGENT'S AUTHORITY</center><eol/>State of _____________________________<eol/>[County] of___________________________<eol/>I, _____________________________________________ (Name of Agent), certify under penalty of perjury that __________________________________________(Name of Principal) granted me authority as an agent or successor agent in a power of attorney dated ________________________.<eol/>I further certify that to my knowledge:<subsection number="75A-2-302(1)">the principal is alive and has not revoked the power of attorney or my authority to act under the power of attorney and the power of attorney and my authority to act under the power of attorney have not terminated;</subsection><subsection number="75A-2-302(2)">if the power of attorney was drafted to become effective upon the happening of an event or contingency, the event or contingency has occurred;</subsection><subsection number="75A-2-302(3)">if I was named as a successor agent, the prior agent is no longer able or willing to serve; and</subsection><subsection number="75A-2-302(4)">_____________________________________________________________________ ______________________________________________________________________________ ______________________________________________________________________________ _______________________________________________________________________<eol/>(Insert other relevant statements)<eol/><center>SIGNATURE AND ACKNOWLEDGMENT</center><eol/>____________________________________________ __________<eol/>Agent's Signature<tab/><tab/><tab/><tab/><tab/><tab/>Date<eol/>____________________________________________<eol/>Agent's Name Printed<eol/>____________________________________________<eol/>____________________________________________<eol/>Agent's Address<eol/>____________________________________________<eol/>Agent's Telephone Number<eol/>This document was acknowledged before me on __________________________,<eol/><tab/><tab/><tab/><tab/><tab/><tab/><tab/><tab/>(Date)<eol/>by______________________________________.<eol/><tab/><tab/>(Name of Agent)<eol/><eol/>____________________________________________ (Seal, if any)<eol/>Signature of Notary<eol/>My commission expires: ________________________<eol/><tab/>This document prepared by:<eol/>_________________________________________________________________</subsection></section></part><part number="75A-2-4"><catchline>Applicability Provisions</catchline><section number="75A-2-401"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Uniformity of application and construction.</catchline><tab/>In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among the states that enact this uniform act.</section><section number="75A-2-402"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Relation to Electronic Signatures in Global and National Commerce Act.</catchline><tab/>This chapter modifies, limits, and supersedes the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).</section><section number="75A-2-403"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Effect on existing powers of attorney.</catchline><tab/>Except as otherwise provided:<subsection number="75A-2-403(1)">this chapter applies to a power of attorney created before, on, or after May 10, 2016;</subsection><subsection number="75A-2-403(2)">this chapter applies to a judicial proceeding concerning a power of attorney commenced on or after May 10, 2016;</subsection><subsection number="75A-2-403(3)">this chapter applies to a judicial proceeding concerning a power of attorney commenced before May 10, 2016, unless the court finds that application of a provision of this chapter would substantially interfere with the effective conduct of the judicial proceeding or prejudice the rights of a party, in which case that provision does not apply and the superseded law applies; and</subsection><subsection number="75A-2-403(4)">an act done before May 10, 2016, is not affected by this chapter.</subsection></section></part></chapter><chapter number="75A-4"><catchline>Uniform Powers of Appointment Act</catchline><part number="75A-4-1"><catchline>General Provisions</catchline><section number="75A-4-101"><histories><history>Enacted by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Reserved.</catchline><tab/>Reserved.</section><section number="75A-4-102"><histories><history>Amended by Chapter <modchap sess="2025GS">310</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions for chapter.</catchline><tab/>As used in this chapter:<subsection number="75A-4-102(1)">"Appointee" means a person to which a powerholder makes an appointment of appointive property.</subsection><subsection number="75A-4-102(2)">"Appointive property" means the property or property interest subject to a power of appointment.</subsection><subsection number="75A-4-102(3)"><subsection number="75A-4-102(3)(a)">"Blanket-exercise clause" means a clause in an instrument that exercises a power of appointment and is not a specific-exercise clause. </subsection><subsection number="75A-4-102(3)(b)">"Blanket-exercise clause" includes a clause that:<subsection number="75A-4-102(3)(b)(i)">expressly uses the words "any power" in exercising any power of appointment the powerholder has;</subsection><subsection number="75A-4-102(3)(b)(ii)">expressly uses the words "any property" in appointing any property over which the powerholder has a power of appointment; or</subsection><subsection number="75A-4-102(3)(b)(iii)">disposes of all property subject to disposition by the powerholder.</subsection></subsection></subsection><subsection number="75A-4-102(4)">"Donor" means a person that creates a power of appointment.</subsection><subsection number="75A-4-102(5)">"Exclusionary power of appointment" means a power of appointment exercisable in favor of any one or more of the permissible appointees to the exclusion of the other permissible appointees.</subsection><subsection number="75A-4-102(6)">"General power of appointment" means a power of appointment exercisable in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.</subsection><subsection number="75A-4-102(7)">"Gift-in-default clause" means a clause identifying a taker in default of appointment.</subsection><subsection number="75A-4-102(8)">"Impermissible appointee" means a person that is not a permissible appointee.</subsection><subsection number="75A-4-102(9)">"Instrument" means a record.</subsection><subsection number="75A-4-102(10)"><subsection number="75A-4-102(10)(a)">"Nongeneral power of appointment" means a power of appointment that is not a general power of appointment. </subsection><subsection number="75A-4-102(10)(b)">"Nongeneral power of appointment" includes a special power of appointment, a limited power of appointment, or similar terminology that is used in an instrument creating a power that does not grant powers making it a general power of appointment. </subsection></subsection><subsection number="75A-4-102(11)">"Permissible appointee" means a person in whose favor a powerholder may exercise a power of appointment.</subsection><subsection number="75A-4-102(12)">"Powerholder" means a person in whom a donor creates a power of appointment.</subsection><subsection number="75A-4-102(13)"><subsection number="75A-4-102(13)(a)">"Power of appointment" means a power that enables a powerholder acting in a nonfiduciary capacity to designate a recipient of an interest in, or another power of appointment over, the appointive property. </subsection><subsection number="75A-4-102(13)(b)">"Power of appointment" does not include a power of attorney.</subsection></subsection><subsection number="75A-4-102(14)"><subsection number="75A-4-102(14)(a)">"Presently exercisable power of appointment" means a power of appointment exercisable by the powerholder at a relevant time. </subsection><subsection number="75A-4-102(14)(b)">"Presently exercisable power of appointment" includes a power of appointment not exercisable until the occurrence of a specified event, the satisfaction of an ascertainable standard, or the passage of a specified time only after:<subsection number="75A-4-102(14)(b)(i)">the occurrence of the specified event;</subsection><subsection number="75A-4-102(14)(b)(ii)">the satisfaction of the ascertainable standard; or</subsection><subsection number="75A-4-102(14)(b)(iii)">the passage of the specified time.</subsection></subsection><subsection number="75A-4-102(14)(c)">"Presently exercisable power of appointment" does not include a power exercisable only at the powerholder's death.</subsection></subsection><subsection number="75A-4-102(15)">"Specific-exercise clause" means a clause in an instrument that specifically refers to and exercises a particular power of appointment.</subsection><subsection number="75A-4-102(16)">"Taker in default of appointment" means a person that takes all or part of the appointive property to the extent the powerholder does not effectively exercise the power of appointment.</subsection><subsection number="75A-4-102(17)">"Terms of the instrument" means the manifestation of the intent of the maker of the instrument regarding the instrument's provisions as expressed in the instrument or as may be established by other evidence that would be admissible in a legal proceeding.</subsection></section><section number="75A-4-103"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Governing law.</catchline><subsection number="75A-4-103(1)">Unless the terms of the instrument creating a power of appointment manifest a contrary intent:<subsection number="75A-4-103(1)(a)">the creation, revocation, amendment, interpretation and definition of terms, or the determination of the rights of the appointee of the power is governed by the law of the donor's domicile at the relevant time; and</subsection><subsection number="75A-4-103(1)(b)">the formalities for the exercise, release, or disclaimer of the power, or the revocation or amendment of the exercise, release, or disclaimer of the power is governed by the law of the powerholder's state of domicile at the relevant time.</subsection></subsection><subsection number="75A-4-103(2)">The law of the powerholder's state of domicile may not govern the interpretation and definition of terms, or the determination of the rights of the appointee of the power, which shall be governed by the law of the donor's domicile at the relevant time.</subsection><subsection number="75A-4-103(3)">Claims of creditors, including creditor claims regarding a power not created by a powerholder as set forth in Section <xref depth="3" refnumber="75A-4-502">75A-4-502</xref>, and other parties claiming an interest in property or rights subject to a power will be governed by the laws of the donor's domicile at the time of the creation of the power and not the powerholder's state of domicile either at the time of the creation of the power or at the time of exercise of the power.</subsection></section><section number="75A-4-104"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Common law and principles of equity.</catchline><tab/>The common law and principles of equity supplement this chapter, except to the extent modified by this chapter or laws of this state other than this chapter.</section></part><part number="75A-4-2"><catchline>Creation, Revocation, and Amendment of Power of Appointment</catchline><section number="75A-4-201"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Creation of power of appointment.</catchline><subsection number="75A-4-201(1)">A power of appointment is created only if:<subsection number="75A-4-201(1)(a)">the instrument creating the power is valid under applicable law; and</subsection><subsection number="75A-4-201(1)(b)">the terms of the instrument creating the power manifest the donor's intent to create in a powerholder a power of appointment over the appointive property exercisable in favor of a permissible appointee.</subsection></subsection><subsection number="75A-4-201(2)">A power of appointment may be created by the exercise of a power of appointment.</subsection><subsection number="75A-4-201(3)">A power of appointment may not be created in a deceased individual.</subsection><subsection number="75A-4-201(4)">Subject to an applicable rule against perpetuities, a power of appointment may be created in an unborn or unascertained powerholder.</subsection></section><section number="75A-4-202"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Nontransferability.</catchline><subsection number="75A-4-202(1)">A powerholder may not transfer a power of appointment. </subsection><subsection number="75A-4-202(2)"> If a powerholder dies without exercising or releasing a power, the power lapses.</subsection></section><section number="75A-4-203"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Presumption of unlimited authority.</catchline><tab/>Subject to Section <xref depth="3" refnumber="75A-4-205">75A-4-205</xref>, and unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is:<subsection number="75A-4-203(1)">presently exercisable;</subsection><subsection number="75A-4-203(2)">exclusionary; and</subsection><subsection number="75A-4-203(3)">except as otherwise provided in Section <xref depth="3" refnumber="75A-4-204">75A-4-204</xref>, general.</subsection></section><section number="75A-4-204"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Exception to presumption of unlimited authority.</catchline><tab/>Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the power is nongeneral if:<subsection number="75A-4-204(1)">the power is exercisable only at the powerholder's death; and</subsection><subsection number="75A-4-204(2)">the permissible appointees of the power are a defined and limited class that does not include the powerholder's estate, the powerholder's creditors, or the creditors of the powerholder's estate.</subsection></section><section number="75A-4-205"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Rules of classification.</catchline><subsection number="75A-4-205(1)">As used in this section, "adverse party" means a person with a substantial beneficial interest in property that would be affected adversely by a powerholder's exercise or nonexercise of a power of appointment in favor of the powerholder, the powerholder's estate, a creditor of the powerholder, or a creditor of the powerholder's estate.</subsection><subsection number="75A-4-205(2)">If a powerholder may exercise a power of appointment only with the consent or joinder of an adverse party, the power is nongeneral.</subsection><subsection number="75A-4-205(3)">If the permissible appointees of a power of appointment are not defined and limited, the power is exclusionary.</subsection></section><section number="75A-4-206"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Donor's power to revoke or amend.</catchline><tab/>A donor may revoke or amend a power of appointment unless or to the extent the instrument creating the power is made irrevocable by the donor or the exercise of a presently exercisable power has been irrevocably made or effected.</section></part><part number="75A-4-3"><catchline>Exercise of Power of Appointment</catchline><section number="75A-4-301"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Requisites for exercise of power of appointment.</catchline><tab/>A power of appointment is exercised only:<subsection number="75A-4-301(1)">if the instrument exercising the power is valid under applicable law;</subsection><subsection number="75A-4-301(2)">if the terms of the instrument exercising the power:<subsection number="75A-4-301(2)(a)">manifest the powerholder's intent to exercise the power; and</subsection><subsection number="75A-4-301(2)(b)">satisfy the requirements of exercise, if any, imposed by the donor; and</subsection></subsection><subsection number="75A-4-301(3)">to the extent the appointment is a permissible exercise of the power.</subsection></section><section number="75A-4-302"><histories><history>Amended by Chapter <modchap sess="2025GS">310</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Intent to exercise -- Determining intent from residuary clause.</catchline><subsection number="75A-4-302(1)">As used in this section,"residuary clause" does not include a residuary clause containing a blanket-exercise clause or a specific-exercise clause.</subsection><subsection number="75A-4-302(2)">A residuary clause in a powerholder's will, or a comparable clause in the powerholder's revocable trust, manifests the powerholder's intent to exercise a power of appointment only if:<subsection number="75A-4-302(2)(a)">the terms of the instrument containing the residuary clause do not manifest a contrary intent;</subsection><subsection number="75A-4-302(2)(b)">the power is a general power exercisable in favor of the powerholder's estate;</subsection><subsection number="75A-4-302(2)(c)">there is no gift-in-default clause or the clause is ineffective; and</subsection><subsection number="75A-4-302(2)(d)">the powerholder did not release the power.</subsection></subsection></section><section number="75A-4-303"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Intent to exercise -- After-acquired power.</catchline><tab/>Unless the terms of the instrument exercising a power of appointment manifest a contrary intent:<subsection number="75A-4-303(1)">except as otherwise provided in Subsection (2), a blanket-exercise clause extends to a power acquired by the powerholder after executing the instrument containing the clause; and</subsection><subsection number="75A-4-303(2)">if the powerholder is also the donor of the power, the clause does not extend to the power unless there is no gift-in-default clause or the gift-in-default clause is ineffective.</subsection></section><section number="75A-4-304"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Compliance with donor-imposed formal requirements.</catchline><subsection number="75A-4-304(1)"><subsection number="75A-4-304(1)(a)">A powerholder's compliance with formal requirements of appointment imposed by the donor is sufficient only if the powerholder substantially complies with the conditions, requirements, and formalities set forth in the power of appointment, including complying with all the requirements for making specific reference to the power, that the power shall be exercised in a specific document such as a will, or that the document exercising the power shall be witnessed or notarized. </subsection><subsection number="75A-4-304(1)(b)"> If the donor limited the powerholder's exercise to a validly executed will, substantial compliance may not include the exercise of the power by a trust or another document not meeting the requirements of a properly executed will.</subsection></subsection><subsection number="75A-4-304(2)">Unless required by the instrument creating the power, the probate of a properly executed will is not required for the exercise of a power to be valid and complete. </subsection></section><section number="75A-4-305"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Permissible appointment.</catchline><subsection number="75A-4-305(1)">A powerholder of a general power of appointment that permits appointment to the powerholder or the powerholder's estate may make any appointment, including an appointment in trust or creating a new power of appointment, that the powerholder could make in disposing of the powerholder's own property.</subsection><subsection number="75A-4-305(2)">A powerholder of a general power of appointment that permits appointment only to the creditors of the powerholder or of the powerholder's estate may appoint only to those creditors.</subsection><subsection number="75A-4-305(3)">Unless the terms of the instrument creating a power of appointment manifest a contrary intent, the powerholder of a nongeneral power may:<subsection number="75A-4-305(3)(a)">make an appointment in any form, including an appointment in trust, in favor of a permissible appointee;</subsection><subsection number="75A-4-305(3)(b)">create a general power in a permissible appointee;</subsection><subsection number="75A-4-305(3)(c)">create a nongeneral power in any person to appoint one or more of the permissible appointees of the original nongeneral power; or</subsection><subsection number="75A-4-305(3)(d)">create a nongeneral power in a permissible appointee to appoint one or more persons if the permissible appointees of the new nongeneral power include the permissible appointees of the original nongeneral power.</subsection></subsection></section><section number="75A-4-306"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Appointment to deceased appointee or permissible appointee's descendant.</catchline><subsection number="75A-4-306(1)">Subject to Sections <xref depth="3" refnumber="75-2-603">75-2-603</xref> and <xref depth="3" refnumber="75-2-604">75-2-604</xref>, an appointment to a deceased appointee is ineffective.</subsection><subsection number="75A-4-306(2)">Unless the terms of the instrument creating a power of appointment manifest a contrary intent, a powerholder of a nongeneral power may exercise the power in favor of, or create a new power of appointment in, a descendant of a deceased permissible appointee whether or not the descendant is described by the donor as a permissible appointee.</subsection></section><section number="75A-4-307"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Impermissible appointment.</catchline><subsection number="75A-4-307(1)">Except as otherwise provided in Section <xref depth="3" refnumber="75A-4-306">75A-4-306</xref>, an exercise of a power of appointment in favor of an impermissible appointee is ineffective.</subsection><subsection number="75A-4-307(2)">An exercise of a power of appointment in favor of a permissible appointee is ineffective to the extent the appointment is a fraud on the power.</subsection></section><section number="75A-4-308"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Elective allocation doctrine.</catchline><tab/>If a powerholder exercises a power of appointment in a disposition that also disposes of property the powerholder owns, the owned property and the appointive property shall be allocated in the permissible manner that best carries out the powerholder's intent.</section><section number="75A-4-309"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Capture doctrine -- Disposition of ineffectively appointed property under general power.</catchline><tab/>To the extent a powerholder of a general power of appointment, other than a power to withdraw property from, revoke, or amend a trust, makes an ineffective appointment:<subsection number="75A-4-309(1)">the gift-in-default clause controls the disposition of the ineffectively appointed property; or</subsection><subsection number="75A-4-309(2)">if there is no gift-in-default clause or to the extent the clause is ineffective, the ineffectively appointed property:<subsection number="75A-4-309(2)(a)">passes to:<subsection number="75A-4-309(2)(a)(i)">the powerholder if the powerholder is a permissible appointee and is living; or</subsection><subsection number="75A-4-309(2)(a)(ii)">if the powerholder is an impermissible appointee or is deceased, the powerholder's estate if the estate is a permissible appointee; or</subsection></subsection><subsection number="75A-4-309(2)(b)">if there is no taker under Subsection (2)(a), passes under a reversionary interest to the donor or the donor's transferee or successor in interest.</subsection></subsection></section><section number="75A-4-310"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Disposition of unappointed property under released or unexercised general power.</catchline><tab/>To the extent a powerholder releases or fails to exercise a general power of appointment other than a power to withdraw property from, revoke, or amend a trust:<subsection number="75A-4-310(1)">the gift-in-default clause controls the disposition of the unappointed property; or</subsection><subsection number="75A-4-310(2)">if there is no gift-in-default clause or to the extent the clause is ineffective:<subsection number="75A-4-310(2)(a)">except as otherwise provided in Subsection (2)(b), the unappointed property passes to:<subsection number="75A-4-310(2)(a)(i)">the powerholder if the powerholder is a permissible appointee and is living; or</subsection><subsection number="75A-4-310(2)(a)(ii)">if the powerholder is an impermissible appointee or is deceased, the powerholder's estate if the estate is a permissible appointee; or</subsection></subsection><subsection number="75A-4-310(2)(b)">to the extent the powerholder released the power, or if there is no taker under Subsection (2)(a), the unappointed property passes under a reversionary interest to the donor or the donor's transferee or successor in interest.</subsection></subsection></section><section number="75A-4-311"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Disposition of unappointed property under released or unexercised nongeneral power.</catchline><tab/>To the extent a powerholder releases, ineffectively exercises, or fails to exercise a nongeneral power of appointment:<subsection number="75A-4-311(1)">the gift-in-default clause controls the disposition of the unappointed property; or</subsection><subsection number="75A-4-311(2)">if there is no gift-in-default clause or to the extent the clause is ineffective, the unappointed property:<subsection number="75A-4-311(2)(a)">passes to the permissible appointees if:<subsection number="75A-4-311(2)(a)(i)">the permissible appointees are defined and limited; and</subsection><subsection number="75A-4-311(2)(a)(ii)">the terms of the instrument creating the power do not manifest a contrary intent; or</subsection></subsection><subsection number="75A-4-311(2)(b)">if there is no taker under Subsection (2)(a), passes under a reversionary interest to the donor or the donor's transferee or successor in interest.</subsection></subsection></section><section number="75A-4-312"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Disposition of unappointed property if partial appointment to taker in default.</catchline><tab/>Unless the terms of the instrument creating or exercising a power of appointment manifest a contrary intent, if the powerholder makes a valid partial appointment to a taker in default of appointment, the taker in default of appointment may share fully in unappointed property.</section><section number="75A-4-313"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Appointment to taker in default.</catchline><tab/>If a powerholder makes an appointment to a taker in default of appointment and the appointee would have taken the property under a gift-in-default clause had the property not been appointed, the power of appointment is considered not to have been exercised and the appointee takes under the clause.</section><section number="75A-4-314"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Powerholder's authority to revoke or amend exercise.</catchline><tab/>Unless the terms of the instrument creating the power of appointment or the instrument exercising the power of appointment provide that the exercise is irrevocable or unamendable, a powerholder may revoke or amend an exercise of a power of appointment made by an instrument effective during the life of the powerholder where the exercise is to become effective at some future time or contingency and where that future time and contingency has not yet occurred, as long as the revocation or amendment is done with the same formality as the original exercise of the power of appointment. </section></part><part number="75A-4-4"><catchline>Disclaimer or Release - Contract to Appoint or Not to Appoint</catchline><section number="75A-4-401"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Disclaimer.</catchline><tab/>As provided by Section <xref depth="3" refnumber="75-2-801">75-2-801</xref>:<subsection number="75A-4-401(1)">A powerholder may disclaim all or part of a power of appointment.</subsection><subsection number="75A-4-401(2)">A permissible appointee, an appointee, or a taker in default of appointment may disclaim all or part of an interest in appointive property.</subsection></section><section number="75A-4-402"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Authority to release.</catchline><tab/>A powerholder may release a power of appointment, in whole or in part, except to the extent the terms of the instrument creating the power prevent the release.</section><section number="75A-4-403"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Method of release.</catchline><tab/>A powerholder of a releasable power of appointment may release the power in whole or in part:<subsection number="75A-4-403(1)">by substantial compliance with a method provided in the terms of the instrument creating the power; or</subsection><subsection number="75A-4-403(2)">if the terms of the instrument creating the power do not provide a method or the method provided in the terms of the instrument is not expressly made exclusive, by a record manifesting the powerholder's intent by clear and convincing evidence.</subsection></section><section number="75A-4-404"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Revocation or amendment of release.</catchline><tab/>A powerholder may revoke or amend a release of a power of appointment only to the extent that:<subsection number="75A-4-404(1)">the instrument of release is revocable by the powerholder; or</subsection><subsection number="75A-4-404(2)">the powerholder reserves a power of revocation or amendment in the instrument of release.</subsection></section><section number="75A-4-405"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Power to contract -- Presently exercisable power of appointment.</catchline><tab/>A powerholder of a presently exercisable power of appointment may contract:<subsection number="75A-4-405(1)">not to exercise the power; or</subsection><subsection number="75A-4-405(2)">to exercise the power if the contract when made does not confer a benefit on an impermissible appointee.</subsection></section><section number="75A-4-406"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Power to contract -- Power of appointment not presently exercisable.</catchline><tab/>A powerholder of a power of appointment that is not presently exercisable may contract to exercise or not to exercise the power only if the powerholder:<subsection number="75A-4-406(1)">is also the donor of the power; and</subsection><subsection number="75A-4-406(2)">has reserved the power in a revocable trust.</subsection></section><section number="75A-4-407"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Remedy for breach of contract to appoint or not to appoint.</catchline><tab/>The remedy for a powerholder's breach of a contract to appoint or not to appoint appointive property is limited to damages payable out of the appointive property or, if appropriate, specific performance of the contract.</section></part><part number="75A-4-5"><catchline>Rights of Powerholder's Creditors in Appointive Property</catchline><section number="75A-4-501"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Creditor claim -- General power created by powerholder.</catchline><subsection number="75A-4-501(1)">As used in this section, "power of appointment created by the powerholder" includes a power of appointment created in a transfer by another person to the extent the powerholder contributed value to the transfer.</subsection><subsection number="75A-4-501(2)">Appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of the powerholder or of the powerholder's estate to the extent provided in Title 25, Chapter 6, Uniform Voidable Transactions Act.</subsection><subsection number="75A-4-501(3)">Subject to Subsection (2), appointive property subject to a general power of appointment created by the powerholder is not subject to a claim of a creditor of the powerholder or the powerholder's estate to the extent the powerholder irrevocably appointed the property in favor of a person other than the powerholder or the powerholder's estate.</subsection><subsection number="75A-4-501(4)">Subject to Subsections (2) and (3), and notwithstanding the presence of a spendthrift provision or whether the claim arose before or after the creation of the power of appointment, appointive property subject to a general power of appointment created by the powerholder is subject to a claim of a creditor of:<subsection number="75A-4-501(4)(a)">the powerholder, to the same extent as if the powerholder owned the appointive property, if the power is presently exercisable; and</subsection><subsection number="75A-4-501(4)(b)">the powerholder's estate, to the extent the estate is insufficient to satisfy the claim and subject to the right of a decedent to direct the source from which liabilities are paid, if the power is exercisable at the powerholder's death.</subsection></subsection></section><section number="75A-4-502"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Creditor claim -- Power not created by powerholder.</catchline><subsection number="75A-4-502(1)"><subsection number="75A-4-502(1)(a)">The property subject to a general or a nongeneral power of appointment not created by the powerholder, including a presently exercisable general or nongeneral power of appointment, is exempt from a claim of a creditor of the powerholder or the powerholder's estate. </subsection><subsection number="75A-4-502(1)(b)"> The powerholder of such a power may not be compelled to exercise the power and the powerholder's creditors may not acquire the power, any rights thereto, or reach the trust property or beneficial interests by any other means.</subsection><subsection number="75A-4-502(1)(c)">A court may not exercise or require the powerholder to exercise the power of appointment.</subsection></subsection><subsection number="75A-4-502(2)">As set forth in Section <xref depth="3" refnumber="75A-4-103">75A-4-103</xref>, the law of the donor's domicile at the time of creation shall govern claims of creditors and other parties claiming an interest in property or rights subject to a power of appointment. </subsection></section><section number="75A-4-503"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Power to withdraw.</catchline><subsection number="75A-4-503(1)">For purposes of this part, and except as otherwise provided in Subsection (2), a power to withdraw property from a trust is treated, during the time the power may be exercised, as a presently exercisable general power of appointment to the extent of the property subject to the power to withdraw.</subsection><subsection number="75A-4-503(2)">On the lapse, release, or waiver of a power to withdraw property from a trust, the power is treated as a presently exercisable general power of appointment only to the extent the value of the property affected by the lapse, release, or waiver exceeds the greater of the amount specified in 26 U.S.C. Sec. 2041(b)(2) and 26 U.S.C. Sec. 2514(e) or the amount specified in 26 U.S.C. Sec. 2503(b).</subsection></section></part><part number="75A-4-6"><catchline>Applicability Provisions</catchline><section number="75A-4-601"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Uniformity of application and construction.</catchline><tab/>In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact this uniform law.</section><section number="75A-4-602"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Relation to Electronic Signatures in Global and National Commerce Act.</catchline><tab/>This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).</section><section number="75A-4-603"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Application to existing relationships.</catchline><subsection number="75A-4-603(1)">Except as otherwise provided in this chapter, on and after May 9, 2017:<subsection number="75A-4-603(1)(a)">this chapter applies to a power of appointment created before, on, or after May 9, 2017;</subsection><subsection number="75A-4-603(1)(b)">this chapter applies to a judicial proceeding concerning a power of appointment commenced on or after May 9, 2017;</subsection><subsection number="75A-4-603(1)(c)">this chapter applies to a judicial proceeding concerning a power of appointment commenced before May 9, 2017, unless the court finds that application of a particular provision of this chapter would interfere substantially with the effective conduct of the judicial proceeding or prejudice a right of a party, in which case the particular provision of this chapter does not apply and the superseded law applies; and</subsection><subsection number="75A-4-603(1)(d)">a rule of construction or presumption provided in this chapter applies to an instrument executed before May 9, 2017, unless there is a clear indication of a contrary intent in the terms of the instrument.</subsection></subsection><subsection number="75A-4-603(2)">Except as otherwise provided in Subsections (1)(a) through (d), an action done before May 9, 2017, is not affected by this chapter.</subsection><subsection number="75A-4-603(3)">If a right is acquired, extinguished, or barred on the expiration of a prescribed period that commenced under law of this state other than this chapter before May 9, 2017, the law continues to apply to the right.</subsection></section></part></chapter><chapter number="75A-5"><catchline>Uniform Fiduciary Income and Principal Act</catchline><part number="75A-5-1"><catchline>General Provisions</catchline><section number="75A-5-101"><histories><history>Enacted by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Reserved.</catchline><tab/>Reserved.</section><section number="75A-5-102"><histories><history>Amended by Chapter <modchap sess="2025GS">310</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions for chapter.</catchline><tab/>As used in this chapter:<subsection number="75A-5-102(1)"><subsection number="75A-5-102(1)(a)">"Accounting period" means a calendar year, unless a fiduciary selects another period of 12 calendar months or approximately 12 calendar months.</subsection><subsection number="75A-5-102(1)(b)">"Accounting period" includes a part of a calendar year or another period of 12 calendar months or approximately 12 calendar months that begins when an income interest begins or ends when an income interest ends.</subsection></subsection><subsection number="75A-5-102(2)"><subsection number="75A-5-102(2)(a)">"Asset-backed security" means a security that is serviced primarily by the cash flows of a discrete pool of fixed or revolving receivables or other financial assets that by the financial assets' terms convert into cash within a finite time.</subsection><subsection number="75A-5-102(2)(b)">"Asset-backed security" includes rights or other assets that ensure the servicing or timely distribution of proceeds to the holder of the asset-backed security.</subsection><subsection number="75A-5-102(2)(c)">"Asset-backed security" does not include an asset to which Section <xref depth="3" refnumber="75A-5-401">75A-5-401</xref>, <xref depth="3" refnumber="75A-5-409">75A-5-409</xref>, or <xref depth="3" refnumber="75A-5-414">75A-5-414</xref> applies.</subsection></subsection><subsection number="75A-5-102(3)">"Beneficiary" includes:<subsection number="75A-5-102(3)(a)">for a trust:<subsection number="75A-5-102(3)(a)(i)">a current beneficiary, including a current income beneficiary and a beneficiary that may receive only principal;</subsection><subsection number="75A-5-102(3)(a)(ii)">a remainder beneficiary; and</subsection><subsection number="75A-5-102(3)(a)(iii)">any other successor beneficiary;</subsection></subsection><subsection number="75A-5-102(3)(b)">for an estate, an heir and devisee; and</subsection><subsection number="75A-5-102(3)(c)">for a life estate or term interest, a person that holds a life estate, term interest, or remainder, or other interest following a life estate or term interest.</subsection></subsection><subsection number="75A-5-102(4)">"Court" means a court in this state with jurisdiction over a trust or estate, or a life estate or other term interest described in Subsection <xref depth="4" refnumber="75A-5-103(2)">75A-5-103(2)</xref>.</subsection><subsection number="75A-5-102(5)">"Current income beneficiary" means a beneficiary to which a fiduciary may distribute net income, even if the fiduciary also may distribute principal to the beneficiary.</subsection><subsection number="75A-5-102(6)"><subsection number="75A-5-102(6)(a)">"Distribution" means a payment or transfer by a fiduciary to a beneficiary in the beneficiary's capacity as a beneficiary, made under the terms of the trust, without consideration other than the beneficiary's right to receive the payment or transfer under the terms of the trust.</subsection><subsection number="75A-5-102(6)(b)">"Distribute," "distributed," and "distributee" have corresponding meanings.</subsection></subsection><subsection number="75A-5-102(7)"><subsection number="75A-5-102(7)(a)">"Estate" means a decedent's estate.</subsection><subsection number="75A-5-102(7)(b)">"Estate" includes the property of the decedent as the estate is originally constituted and the property of the estate as it exists at any time during administration.</subsection></subsection><subsection number="75A-5-102(8)">"Fiduciary" includes:<subsection number="75A-5-102(8)(a)">a trustee, trust director as defined in Section <xref depth="3" refnumber="75B-3-102">75B-3-102</xref>, personal representative, life tenant, holder of a term interest, and person acting under a delegation from a fiduciary;</subsection><subsection number="75A-5-102(8)(b)">a person that holds property for a successor beneficiary whose interest may be affected by an allocation of receipts and expenditures between income and principal; and</subsection><subsection number="75A-5-102(8)(c)">if there are two or more co-fiduciaries, all co-fiduciaries acting under the terms of the trust and applicable law.</subsection></subsection><subsection number="75A-5-102(9)"><subsection number="75A-5-102(9)(a)">"Income" means money or other property a fiduciary receives as current return from principal.</subsection><subsection number="75A-5-102(9)(b)">"Income" includes a part of receipts from a sale, exchange, or liquidation of a principal asset to the extent provided in Part 4, Allocation of Receipts.</subsection></subsection><subsection number="75A-5-102(10)"><subsection number="75A-5-102(10)(a)">"Income interest" means the right of a current income beneficiary to receive all or part of net income, whether the terms of the trust require the net income to be distributed or authorize the net income to be distributed in the fiduciary's discretion.</subsection><subsection number="75A-5-102(10)(b)">"Income interest" includes the right of a current beneficiary to use property held by a fiduciary.</subsection></subsection><subsection number="75A-5-102(11)">"Independent person" means a person that is not:<subsection number="75A-5-102(11)(a)">for a trust:<subsection number="75A-5-102(11)(a)(i)">a qualified beneficiary as determined under Section <xref depth="3" refnumber="75B-2-103">75B-2-103</xref>;</subsection><subsection number="75A-5-102(11)(a)(ii)">a settlor of the trust; or</subsection><subsection number="75A-5-102(11)(a)(iii)">an individual whose legal obligation to support a beneficiary may be satisfied by a distribution from the trust;</subsection></subsection><subsection number="75A-5-102(11)(b)">for an estate, a beneficiary;</subsection><subsection number="75A-5-102(11)(c)">a spouse, parent, brother, sister, or issue of an individual described in Subsection (11)(a) or (b);</subsection><subsection number="75A-5-102(11)(d)">a corporation, partnership, limited liability company, or other entity in which persons described in Subsections (11)(a) through (c), in the aggregate, have voting control; or</subsection><subsection number="75A-5-102(11)(e)">an employee of a person described in Subsection (11)(a), (b), (c), or (d).</subsection></subsection><subsection number="75A-5-102(12)">"Mandatory income interest" means the right of a current income beneficiary to receive net income that the terms of the trust require the fiduciary to distribute.</subsection><subsection number="75A-5-102(13)"><subsection number="75A-5-102(13)(a)">"Net income" means:<subsection number="75A-5-102(13)(a)(i)">the total allocations during an accounting period to income under the terms of a trust and this chapter minus the disbursements during the accounting period, other than distributions, allocated to income under the terms of the trust and this chapter; and</subsection><subsection number="75A-5-102(13)(a)(ii)">to the extent the trust is a unitrust under Part 3, Unitrust, the unitrust amount determined under Part 3, Unitrust.</subsection></subsection><subsection number="75A-5-102(13)(b)">"Net income" includes an adjustment from principal to income under Section <xref depth="3" refnumber="75A-5-203">75A-5-203</xref>.</subsection><subsection number="75A-5-102(13)(c)">"Net income" does not include an adjustment from income to principal under Section <xref depth="3" refnumber="75A-5-203">75A-5-203</xref>.</subsection></subsection><subsection number="75A-5-102(14)">"Principal" means property held in trust for distribution to, production of income for, or use by a current or successor beneficiary.</subsection><subsection number="75A-5-102(15)">"Settlor" means the same as that term is defined in Section <xref depth="3" refnumber="75B-1-101">75B-1-101</xref>.</subsection><subsection number="75A-5-102(16)">"Special tax benefit" means:<subsection number="75A-5-102(16)(a)">exclusion of a transfer to a trust from gifts described in Section 2503(b) of the Internal Revenue Code because of the qualification of an income interest in the trust as a present interest in property;</subsection><subsection number="75A-5-102(16)(b)">status as a qualified subchapter S trust described in Section 1361(d)(3) of the Internal Revenue Code at a time the trust holds stock of an S corporation described in Section 1361(a)(1) of the Internal Revenue Code;</subsection><subsection number="75A-5-102(16)(c)">an estate or gift tax marital deduction for a transfer to a trust under Section 2056 or 2523 of the Internal Revenue Code that depends or depended in whole or in part on the right of the settlor's spouse to receive the net income of the trust;</subsection><subsection number="75A-5-102(16)(d)">exemption in whole or in part of a trust from the federal generation-skipping transfer tax imposed by Section 2601 of the Internal Revenue Code because the trust was irrevocable on September 25, 1985, if there is any possibility that:<subsection number="75A-5-102(16)(d)(i)">a taxable distribution, as defined in Section 2612(b) of the Internal Revenue Code, could be made from the trust; or</subsection><subsection number="75A-5-102(16)(d)(ii)">a taxable termination, as defined in Section 2612(a) of the Internal Revenue Code, could occur with respect to the trust; or</subsection></subsection><subsection number="75A-5-102(16)(e)">an inclusion ratio, as defined in Section 2642(a) of the Internal Revenue Code, of the trust which is less than one, if there is any possibility that:<subsection number="75A-5-102(16)(e)(i)">a taxable distribution, as defined in Section 2612(b) of the Internal Revenue Code, could be made from the trust; or</subsection><subsection number="75A-5-102(16)(e)(ii)">a taxable termination, as defined in Section 2612(a) of the Internal Revenue Code, could occur with respect to the trust.</subsection></subsection></subsection><subsection number="75A-5-102(17)">"Successive interest" means the interest of a successor beneficiary.</subsection><subsection number="75A-5-102(18)">"Successor beneficiary" means a person entitled to receive income or principal or to use property when an income interest or other current interest ends.</subsection><subsection number="75A-5-102(19)">"Terms of a trust" means:<subsection number="75A-5-102(19)(a)">except as otherwise provided in Subsection (19)(b), the manifestation of the settlor's intent regarding a trust's provisions as:<subsection number="75A-5-102(19)(a)(i)">expressed in the trust instrument; or</subsection><subsection number="75A-5-102(19)(a)(ii)">established by other evidence that would be admissible in a judicial proceeding;</subsection></subsection><subsection number="75A-5-102(19)(b)">the trust's provisions as established, determined, or amended by:<subsection number="75A-5-102(19)(b)(i)">a trustee or trust director in accordance with applicable law;</subsection><subsection number="75A-5-102(19)(b)(ii)">a court order; or</subsection><subsection number="75A-5-102(19)(b)(iii)">a nonjudicial settlement agreement under Section <xref depth="3" refnumber="75B-2-110">75B-2-110</xref>;</subsection></subsection><subsection number="75A-5-102(19)(c)">for an estate, a will; or</subsection><subsection number="75A-5-102(19)(d)">for a life estate or term interest, the corresponding manifestation of the rights of the beneficiaries.</subsection></subsection><subsection number="75A-5-102(20)"><subsection number="75A-5-102(20)(a)">"Trust" includes:<subsection number="75A-5-102(20)(a)(i)">an express trust, private or charitable, with additions to the trust, wherever and however created; and</subsection><subsection number="75A-5-102(20)(a)(ii)">a trust created or determined by judgment or decree under which the trust is to be administered in the manner of an express trust.</subsection></subsection><subsection number="75A-5-102(20)(b)">"Trust" does not include:<subsection number="75A-5-102(20)(b)(i)">a constructive trust;</subsection><subsection number="75A-5-102(20)(b)(ii)">a resulting trust, conservatorship, guardianship, multi-party account, custodial arrangement for a minor, business trust, voting trust, security arrangement, liquidation trust, or trust for the primary purpose of paying debts, dividends, interest, salaries, wages, profits, pensions, retirement benefits, or employee benefits of any kind; or</subsection><subsection number="75A-5-102(20)(b)(iii)">an arrangement under which a person is a nominee, escrowee, or agent for another.</subsection></subsection></subsection><subsection number="75A-5-102(21)"><subsection number="75A-5-102(21)(a)">"Trustee" means a person, other than a personal representative, that owns or holds property for the benefit of a beneficiary.</subsection><subsection number="75A-5-102(21)(b)">"Trustee" includes an original, additional, or successor trustee, whether appointed or confirmed by a court.</subsection></subsection></section><section number="75A-5-103"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Scope.</catchline><tab/>Except as otherwise provided in the terms of a trust or this chapter, this chapter applies to:<subsection number="75A-5-103(1)">a trust or estate; and</subsection><subsection number="75A-5-103(2)">a life estate or other term interest in which the interest of one or more persons will be succeeded by the interest of one or more other persons.</subsection></section><section number="75A-5-104"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Governing law.</catchline><subsection number="75A-5-104(1)">Except as otherwise provided in the terms of a trust or this chapter, this chapter applies when this state is:<subsection number="75A-5-104(1)(a)">the principal place of administration of a trust or estate; or</subsection><subsection number="75A-5-104(1)(b)">the situs of property that is not held in a trust or estate and is subject to a life estate or other term interest described in Subsection <xref depth="4" refnumber="75A-5-103(2)">75A-5-103(2)</xref>.</subsection></subsection><subsection number="75A-5-104(2)">By accepting the trusteeship of a trust having the trust's principal place of administration in this state or by moving the principal place of administration of a trust to this state, the trustee submits to the application of this chapter to any matter within the scope of this chapter involving the trust.</subsection></section></part><part number="75A-5-2"><catchline>Fiduciary Duties and Judicial Review</catchline><section number="75A-5-201"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Fiduciary duties -- General principles.</catchline><subsection number="75A-5-201(1)">In making an allocation or determination or exercising discretion under this chapter, a fiduciary shall:<subsection number="75A-5-201(1)(a)">act in good faith, based on what is fair and reasonable to all beneficiaries;</subsection><subsection number="75A-5-201(1)(b)">administer a trust or estate impartially, except to the extent the terms of the trust manifest an intent that the fiduciary shall or may favor one or more beneficiaries;</subsection><subsection number="75A-5-201(1)(c)">administer the trust or estate in accordance with the terms of the trust, even if there is a different provision in this chapter; and</subsection><subsection number="75A-5-201(1)(d)">administer the trust or estate in accordance with this chapter, except to the extent the terms of the trust provide otherwise or authorize the fiduciary to determine otherwise.</subsection></subsection><subsection number="75A-5-201(2)"><subsection number="75A-5-201(2)(a)">A fiduciary's allocation, determination, or exercise of discretion under this chapter is presumed to be fair and reasonable to all beneficiaries.</subsection><subsection number="75A-5-201(2)(b)">A fiduciary may exercise a discretionary power of administration given to the fiduciary by the terms of the trust, and an exercise of the power that produces a result different from a result required or permitted by this chapter does not create an inference that the fiduciary abused the fiduciary's discretion.</subsection></subsection><subsection number="75A-5-201(3)">A fiduciary shall:<subsection number="75A-5-201(3)(a)">add a receipt to principal, to the extent neither the terms of the trust nor this chapter allocates the receipt between income and principal; and</subsection><subsection number="75A-5-201(3)(b)">charge a disbursement to principal, to the extent neither the terms of the trust nor this chapter allocates the disbursement between income and principal.</subsection></subsection><subsection number="75A-5-201(4)">If a fiduciary determines an exercise of discretionary power will assist the fiduciary to administer the trust or estate impartially, the fiduciary may:<subsection number="75A-5-201(4)(a)">exercise the power to adjust under Section <xref depth="3" refnumber="75A-5-203">75A-5-203</xref>;</subsection><subsection number="75A-5-201(4)(b)">convert an income trust to a unitrust under Subsection <xref depth="4" refnumber="75A-5-303(1)(a)">75A-5-303(1)(a)</xref>;</subsection><subsection number="75A-5-201(4)(c)">change the percentage or method used to calculate a unitrust amount under Subsection <xref depth="4" refnumber="75A-5-303(1)(b)">75A-5-303(1)(b)</xref>; or</subsection><subsection number="75A-5-201(4)(d)">convert a unitrust to an income trust under Subsection <xref depth="4" refnumber="75A-5-303(1)(c)">75A-5-303(1)(c)</xref>.</subsection></subsection><subsection number="75A-5-201(5)">In making the determination under Subsection (4), the fiduciary shall consider the following factors:<subsection number="75A-5-201(5)(a)">the terms of the trust;</subsection><subsection number="75A-5-201(5)(b)">the nature, distribution standards, and expected duration of the trust;</subsection><subsection number="75A-5-201(5)(c)">the effect of the allocation rules, including specific adjustments between income and principal, under Part 4, Allocation of Receipts, Part 5, Allocation of Disbursements, Part 6, Death of Individual or Termination of Income Interest, and Part 7, Apportionment at Beginning and End of Income Interest;</subsection><subsection number="75A-5-201(5)(d)">the desirability of liquidity and regularity of income;</subsection><subsection number="75A-5-201(5)(e)">the desirability of the preservation and appreciation of principal;</subsection><subsection number="75A-5-201(5)(f)">the extent to which an asset is used or may be used by a beneficiary;</subsection><subsection number="75A-5-201(5)(g)">the increase or decrease in the value of principal assets, reasonably determined by the fiduciary;</subsection><subsection number="75A-5-201(5)(h)">whether and to what extent the terms of the trust:<subsection number="75A-5-201(5)(h)(i)">give the fiduciary power to accumulate income or invade principal; or</subsection><subsection number="75A-5-201(5)(h)(ii)">prohibit the fiduciary from accumulating income or invading principal;</subsection></subsection><subsection number="75A-5-201(5)(i)">the extent to which the fiduciary has accumulated income or invaded principal in preceding accounting periods;</subsection><subsection number="75A-5-201(5)(j)">the effect of current and reasonably expected economic conditions; and</subsection><subsection number="75A-5-201(5)(k)">the reasonably expected tax consequences of the exercise of the power.</subsection></subsection></section><section number="75A-5-202"><histories><history>Amended by Chapter <modchap sess="2025GS">310</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Judicial review of exercise of discretionary power -- Request for instruction.</catchline><subsection number="75A-5-202(1)">In this section, "fiduciary decision" means:<subsection number="75A-5-202(1)(a)">a fiduciary's allocation between income and principal or other determination regarding income and principal required or authorized by the terms of the trust or this chapter;</subsection><subsection number="75A-5-202(1)(b)">the fiduciary's exercise or nonexercise of a discretionary power regarding income and principal granted by the terms of the trust or this chapter, including the power to:<subsection number="75A-5-202(1)(b)(i)">adjust under Section <xref depth="3" refnumber="75A-5-203">75A-5-203</xref>;</subsection><subsection number="75A-5-202(1)(b)(ii)">convert an income trust to a unitrust under Subsection <xref depth="4" refnumber="75A-5-303(1)(a)">75A-5-303(1)(a)</xref>;</subsection><subsection number="75A-5-202(1)(b)(iii)">change the percentage or method used to calculate a unitrust amount under Subsection <xref depth="4" refnumber="75A-5-303(1)(b)">75A-5-303(1)(b)</xref>; or</subsection><subsection number="75A-5-202(1)(b)(iv)">convert a unitrust to an income trust under Subsection <xref depth="4" refnumber="75A-5-303(1)(c)">75A-5-303(1)(c)</xref>; or</subsection></subsection><subsection number="75A-5-202(1)(c)">the fiduciary's implementation of a decision described in Subsection (1)(a) or (b).</subsection></subsection><subsection number="75A-5-202(2)">The court may not order a fiduciary to change a fiduciary decision, unless the court determines that the fiduciary decision was an abuse of the fiduciary's discretion.</subsection><subsection number="75A-5-202(3)"><subsection number="75A-5-202(3)(a)">If the court determines that a fiduciary decision was an abuse of the fiduciary's discretion, the court may order a remedy authorized by law, including a remedy authorized in Section <xref depth="3" refnumber="75B-2-1001">75B-2-1001</xref>.</subsection><subsection number="75A-5-202(3)(b)">To place the beneficiaries in the positions that the beneficiaries would have occupied if there had not been an abuse of the fiduciary's discretion, the court may order:<subsection number="75A-5-202(3)(b)(i)">the fiduciary to exercise or refrain from exercising the power to adjust under Section <xref depth="3" refnumber="75A-5-203">75A-5-203</xref>;</subsection><subsection number="75A-5-202(3)(b)(ii)">the fiduciary to exercise or refrain from exercising the power to:<subsection number="75A-5-202(3)(b)(ii)(A)">convert an income trust to a unitrust under Subsection <xref depth="4" refnumber="75A-5-303(1)(a)">75A-5-303(1)(a)</xref>;</subsection><subsection number="75A-5-202(3)(b)(ii)(B)">change the percentage or method used to calculate a unitrust amount under Subsection <xref depth="4" refnumber="75A-5-303(1)(b)">75A-5-303(1)(b)</xref>; or</subsection><subsection number="75A-5-202(3)(b)(ii)(C)">convert a unitrust to an income trust under Subsection <xref depth="4" refnumber="75A-5-303(1)(c)">75A-5-303(1)(c)</xref>;</subsection></subsection><subsection number="75A-5-202(3)(b)(iii)">the fiduciary to distribute an amount to a beneficiary;</subsection><subsection number="75A-5-202(3)(b)(iv)">a beneficiary to return some or all of a distribution; or</subsection><subsection number="75A-5-202(3)(b)(v)">the fiduciary to withhold an amount from one or more future distributions to a beneficiary.</subsection></subsection></subsection><subsection number="75A-5-202(4)"><subsection number="75A-5-202(4)(a)">On petition by a fiduciary for instruction, the court may determine whether a proposed fiduciary decision will result in an abuse of the fiduciary's discretion.</subsection><subsection number="75A-5-202(4)(b)">A beneficiary that opposes the proposed decision has the burden to establish that the proposed decision will result in an abuse of the fiduciary's discretion if the petition:<subsection number="75A-5-202(4)(b)(i)">describes the proposed decision;</subsection><subsection number="75A-5-202(4)(b)(ii)">contains sufficient information to inform the beneficiary of the reasons for making the proposed decision and the facts on which the fiduciary relies; and</subsection><subsection number="75A-5-202(4)(b)(iii)">explains how the beneficiary will be affected by the proposed decision.</subsection></subsection></subsection></section><section number="75A-5-203"><histories><history>Amended by Chapter <modchap sess="2025GS">310</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">338</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Fiduciary's power to adjust.</catchline><subsection number="75A-5-203(1)">Except as otherwise provided in the terms of a trust or this section, a fiduciary, in a record, without court approval, may adjust between income and principal if the fiduciary determines the exercise of the power to adjust will assist the fiduciary to administer the trust or estate impartially.</subsection><subsection number="75A-5-203(2)">This section does not create a duty to exercise or consider the power to adjust under Subsection <xref depth="4" refnumber="75A-5-203(1)">(1)</xref> or to inform a beneficiary about the applicability of this section.</subsection><subsection number="75A-5-203(3)">A fiduciary that in good faith exercises or fails to exercise the power to adjust under Subsection <xref depth="4" refnumber="75A-5-203(1)">(1)</xref> is not liable to a person affected by the exercise or failure to exercise.</subsection><subsection number="75A-5-203(4)">In deciding whether and to what extent to exercise the power to adjust under Subsection <xref depth="4" refnumber="75A-5-203(1)">(1)</xref>, a fiduciary shall consider all factors the fiduciary considers relevant, including the relevant factors in Subsection <xref depth="3" refnumber="75A-5-201">75A-5-201</xref><xref depth="4" refnumber="75A-5-203(5)">(5)</xref> and the application of Subsection <xref depth="3" refnumber="75A-5-401">75A-5-401</xref><xref depth="4" refnumber="75A-5-203(9)">(9)</xref>, Section <xref depth="3" refnumber="75A-5-408">75A-5-408</xref>, and Section <xref depth="3" refnumber="75A-5-413">75A-5-413</xref>.</subsection><subsection number="75A-5-203(5)">A fiduciary may not exercise the power to make an adjustment under Subsection <xref depth="4" refnumber="75A-5-203(1)">(1)</xref> or the power to make a determination that an allocation is insubstantial under Section <xref depth="3" refnumber="75A-5-408">75A-5-408</xref> if:<subsection number="75A-5-203(5)(a)">the adjustment or determination would reduce the amount payable to a current income beneficiary from a trust that qualifies for a special tax benefit, except to the extent the adjustment is made to provide for a reasonable apportionment of the total return of the trust between the current income beneficiary and successor beneficiaries;</subsection><subsection number="75A-5-203(5)(b)">the adjustment or determination would change the amount payable to a beneficiary, as a fixed annuity or a fixed fraction of the value of the trust assets, under the terms of the trust;</subsection><subsection number="75A-5-203(5)(c)">the adjustment or determination would reduce an amount that is permanently set aside for a charitable purpose under the terms of the trust, unless both income and principal are set aside for the charitable purpose;</subsection><subsection number="75A-5-203(5)(d)">possessing or exercising the power would cause a person to be treated as the owner of all or part of the trust for federal income tax purposes;</subsection><subsection number="75A-5-203(5)(e)">possessing or exercising the power would cause all or part of the value of the trust assets to be included in the gross estate of an individual for federal estate tax purposes;</subsection><subsection number="75A-5-203(5)(f)">possessing or exercising the power would cause an individual to be treated as making a gift for federal gift tax purposes;</subsection><subsection number="75A-5-203(5)(g)">the fiduciary is not an independent person;</subsection><subsection number="75A-5-203(5)(h)">the trust is irrevocable and provides for income to be paid to the settlor and possessing or exercising the power would cause the adjusted principal or income to be considered an available resource or available income under a public-benefit program; or</subsection><subsection number="75A-5-203(5)(i)">the trust is a unitrust under <xref depth="2">Part 3</xref>, Unitrust.</subsection></subsection><subsection number="75A-5-203(6)">If Subsection <xref depth="4" refnumber="75A-5-203(5)(d)">(5)(d)</xref>, (e), (f), or (g) applies to a fiduciary:<subsection number="75A-5-203(6)(a)">a co-fiduciary to which Subsections <xref depth="4" refnumber="75A-5-203(5)(d)">(5)(d)</xref> through <xref depth="4" refnumber="75A-5-203(5)(g)">(g)</xref> do not apply may exercise the power to adjust, unless the exercise of the power to adjust by the remaining co-fiduciary or co-fiduciaries is not permitted by the terms of the trust or law other than this chapter; or</subsection><subsection number="75A-5-203(6)(b)"><subsection number="75A-5-203(6)(b)(i)">if there is no co-fiduciary to which Subsections <xref depth="4" refnumber="75A-5-203(5)(d)">(5)(d)</xref> through <xref depth="4" refnumber="75A-5-203(g)">(g)</xref> do not apply:<subsection number="75A-5-203(6)(b)(i)(A)">except as otherwise provided in Subsection <xref depth="4" refnumber="75A-5-203(6)(b)(ii)(A)">(6)(b)(ii)(A)</xref>, the fiduciary may appoint a co-fiduciary to which Subsections <xref depth="4" refnumber="75A-5-203(5)(d)">(5)(d)</xref> through <xref depth="4" refnumber="75A-5-203(g)">(g)</xref> do not apply;</subsection><subsection number="75A-5-203(6)(b)(i)(B)">except as otherwise provided in Subsection <xref depth="4" refnumber="75A-5-203(6)(b)(ii)(B)">(6)(b)(ii)(B)</xref>, the appointed co-fiduciary may exercise the power to adjust under Subsection <xref depth="4" refnumber="75A-5-203(1)">(1)</xref>; and</subsection><subsection number="75A-5-203(6)(b)(i)(C)">the appointed co-fiduciary may be a special fiduciary with limited powers.</subsection></subsection><subsection number="75A-5-203(6)(b)(ii)"><subsection number="75A-5-203(6)(b)(ii)(A)">If the appointment of a co-fiduciary is not permitted by the terms of the trust or by a provision of law outside this chapter, a fiduciary may not appoint a co-fiduciary.</subsection><subsection number="75A-5-203(6)(b)(ii)(B)">If the exercise of the power to adjust by a co-fiduciary is not permitted by the terms of the trust or by a provision of law outside this <xref depth="1" refnumber="75A-">chapter, the co-fiduciary may not exercise the power to adjust under Subsection (1)</xref>.</subsection></subsection></subsection></subsection><subsection number="75A-5-203(7)">A fiduciary may release or delegate to a co-fiduciary the power to adjust under Subsection <xref depth="4" refnumber="75A-5-203(1)">(1)</xref> if the fiduciary determines that the fiduciary's possession or exercise of the power to adjust will or may:<subsection number="75A-5-203(7)(a)">cause a result described in Subsections <xref depth="4" refnumber="75A-5-203(5)(a)">(5)(a)</xref> through <xref depth="4" refnumber="75A-5-203(5)(f)">(f)</xref> or (h); or</subsection><subsection number="75A-5-203(7)(b)">deprive the trust of a tax benefit or impose a tax burden not described in Subsections <xref depth="4" refnumber="75A-5-203(5)(a)">(5)(a)</xref> through <xref depth="4" refnumber="75A-5-203(5)(f)">(f)</xref>.</subsection></subsection><subsection number="75A-5-203(8)">A fiduciary's release or delegation to a co-fiduciary under Subsection <xref depth="4" refnumber="75A-5-203(7)">(7)</xref> of the power to adjust under Subsection <xref depth="4" refnumber="75A-5-203(1)">(1)</xref>:<subsection number="75A-5-203(8)(a)">must be in a record;</subsection><subsection number="75A-5-203(8)(b)">applies to the entire power to adjust, unless the release or delegation provides a limitation, which may be a limitation to the power to adjust:<subsection number="75A-5-203(8)(b)(i)">from income to principal;</subsection><subsection number="75A-5-203(8)(b)(ii)">from principal to income;</subsection><subsection number="75A-5-203(8)(b)(iii)">for specified property; or</subsection><subsection number="75A-5-203(8)(b)(iv)">in specified circumstances;</subsection></subsection><subsection number="75A-5-203(8)(c)">for a delegation, may be modified by a redelegation under this subsection by the co-fiduciary to which the delegation is made; and</subsection><subsection number="75A-5-203(8)(d)">subject to Subsection <xref depth="4" refnumber="75A-5-203(8)(c)">(8)(c)</xref>, is permanent, unless the release or delegation provides a specified period, including a period measured by the life of an individual or the lives of more than one individual.</subsection></subsection><subsection number="75A-5-203(9)">Terms of a trust that deny or limit the power to adjust between income and principal do not affect the application of this section, unless the terms of the trust expressly deny or limit the power to adjust under Subsection <xref depth="4" refnumber="75A-5-203(1)">(1)</xref>.</subsection><subsection number="75A-5-203(10)">The exercise of the power to adjust under Subsection <xref depth="4" refnumber="75A-5-203(1)">(1)</xref> in any accounting period may apply to the current accounting period, the immediately preceding accounting period, and one or more subsequent accounting periods.</subsection><subsection number="75A-5-203(11)">A description of the exercise of the power to adjust under Subsection <xref depth="4" refnumber="75A-5-203(1)">(1)</xref> shall be:<subsection number="75A-5-203(11)(a)">included in a report, if any, sent to beneficiaries under Subsection <xref depth="4" refnumber="75B-2-811(3)">75B-2-811(3)</xref>; or</subsection><subsection number="75A-5-203(11)(b)">communicated at least annually to the qualified beneficiaries determined under Subsection <xref depth="4" refnumber="75B-2-103(8)">75B-2-103(8)</xref>.</subsection></subsection></section></part><part number="75A-5-3"><catchline>Unitrust</catchline><section number="75A-5-301"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Definitions for part.</catchline><tab/>As used in this part:<subsection number="75A-5-301(1)">"Applicable value" means the amount of the net fair market value of a trust taken into account under Section <xref depth="3" refnumber="75A-5-307">75A-5-307</xref>.</subsection><subsection number="75A-5-301(2)">"Express unitrust" means a trust for which, under the terms of the trust without regard to this part, income or net income is permitted or required to be calculated as a unitrust amount.</subsection><subsection number="75A-5-301(3)">"Income trust" means a trust that is not a unitrust.</subsection><subsection number="75A-5-301(4)">"Net fair market value of a trust" means the fair market value of the assets of the trust minus the noncontingent liabilities of the trust.</subsection><subsection number="75A-5-301(5)"><subsection number="75A-5-301(5)(a)">"Unitrust" means a trust for which net income is a unitrust amount.</subsection><subsection number="75A-5-301(5)(b)">"Unitrust" includes an express unitrust.</subsection></subsection><subsection number="75A-5-301(6)">"Unitrust amount" means:<subsection number="75A-5-301(6)(a)">an amount computed by multiplying a determined value of a trust by a determined percentage; and</subsection><subsection number="75A-5-301(6)(b)">for a unitrust administered under a unitrust policy, the applicable value multiplied by the unitrust rate.</subsection></subsection><subsection number="75A-5-301(7)">"Unitrust policy" means a policy described in Sections <xref depth="3" refnumber="75A-5-305">75A-5-305</xref> through <xref depth="3" refnumber="75A-5-309">75A-5-309</xref> and adopted under Section <xref depth="3" refnumber="75A-5-303">75A-5-303</xref>.</subsection><subsection number="75A-5-301(8)">"Unitrust rate" means the rate used to compute the unitrust amount under Subsection (6) for a unitrust administered under a unitrust policy.</subsection></section><section number="75A-5-302"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Application -- Duties and remedies.</catchline><subsection number="75A-5-302(1)">Except as otherwise provided in Subsection (2), this part applies to:<subsection number="75A-5-302(1)(a)">an income trust, unless the terms of the trust expressly prohibit use of this part by:<subsection number="75A-5-302(1)(a)(i)">a specific reference to this part; or</subsection><subsection number="75A-5-302(1)(a)(ii)">an explicit expression of intent that net income not be calculated as a unitrust amount; and</subsection></subsection><subsection number="75A-5-302(1)(b)">an express unitrust, except to the extent the terms of the trust explicitly:<subsection number="75A-5-302(1)(b)(i)">prohibit use of this part by a specific reference to this part;</subsection><subsection number="75A-5-302(1)(b)(ii)">prohibit conversion to an income trust; or</subsection><subsection number="75A-5-302(1)(b)(iii)">limit changes to the method of calculating the unitrust amount.</subsection></subsection></subsection><subsection number="75A-5-302(2)">This part does not apply to a trust described in Section 170(f)(2)(B), 642(c)(5), 664(d), 2702(a)(3)(A)(ii) or (iii), or 2702(b) of the Internal Revenue Code.</subsection><subsection number="75A-5-302(3)"><subsection number="75A-5-302(3)(a)">An income trust to which this part applies under Subsection (1)(a) may be converted to a unitrust under this part regardless of the terms of the trust concerning distributions.</subsection><subsection number="75A-5-302(3)(b)">Conversion to a unitrust under this part does not affect other terms of the trust concerning distributions of income or principal.</subsection></subsection><subsection number="75A-5-302(4)"><subsection number="75A-5-302(4)(a)">This part applies to an estate only to the extent a trust is a beneficiary of the estate.</subsection><subsection number="75A-5-302(4)(b)">To the extent of the trust's interest in the estate, and in the same manner as for a trust under this part:<subsection number="75A-5-302(4)(b)(i)">the estate may be administered as a unitrust;</subsection><subsection number="75A-5-302(4)(b)(ii)">the administration of the estate as a unitrust may be discontinued; or</subsection><subsection number="75A-5-302(4)(b)(iii)">the percentage or method used to calculate the unitrust amount may be changed.</subsection></subsection></subsection><subsection number="75A-5-302(5)">This part does not create a duty to take or consider action under this part or to inform a beneficiary about the applicability of this part.</subsection><subsection number="75A-5-302(6)">A fiduciary that in good faith takes or fails to take an action under this part is not liable to a person affected by the action or inaction of the fiduciary.</subsection></section><section number="75A-5-303"><histories><history>Amended by Chapter <modchap sess="2025GS">310</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">338</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Authority of fiduciary.</catchline><subsection number="75A-5-303(1)">A fiduciary, without court approval, by complying with Subsections <xref depth="4" refnumber="75A-5-303(2)">(2)</xref> and <xref depth="4" refnumber="75A-5-303(6)">(6)</xref>, may:<subsection number="75A-5-303(1)(a)">convert an income trust to a unitrust if the fiduciary adopts, in a record, a unitrust policy for the trust providing:<subsection number="75A-5-303(1)(a)(i)">that, in administering the trust, the net income of the trust will be a unitrust amount rather than net income determined without regard to this part; and</subsection><subsection number="75A-5-303(1)(a)(ii)">the percentage and method used to calculate the unitrust amount;</subsection></subsection><subsection number="75A-5-303(1)(b)">change the percentage or method used to calculate a unitrust amount for a unitrust if the fiduciary adopts in a record a unitrust policy or an amendment or replacement of a unitrust policy providing changes in the percentage or method used to calculate the unitrust amount; or</subsection><subsection number="75A-5-303(1)(c)">convert a unitrust to an income trust if the fiduciary adopts, in a record, a determination that, in administering the trust, the net income of the trust will be net income determined without regard to this part rather than a unitrust amount.</subsection></subsection><subsection number="75A-5-303(2)">A fiduciary may take an action under Subsection <xref depth="4" refnumber="75A-5-303(1)">(1)</xref> if:<subsection number="75A-5-303(2)(a)">the fiduciary determines that the action will assist the fiduciary to administer a trust impartially;</subsection><subsection number="75A-5-303(2)(b)">the fiduciary sends a notice in a record, in the manner required by Section <xref depth="3" refnumber="75A-5-304">75A-5-304</xref>, describing and proposing to take the action;</subsection><subsection number="75A-5-303(2)(c)">the fiduciary sends a copy of the notice under Subsection <xref depth="4" refnumber="75A-5-303(2)(b)">(2)(b)</xref> to each settlor of the trust which is:<subsection number="75A-5-303(2)(c)(i)">if an individual, living; or</subsection><subsection number="75A-5-303(2)(c)(ii)">if not an individual, in existence;</subsection></subsection><subsection number="75A-5-303(2)(d)">at least one member of each class of the qualified beneficiaries determined under Subsection <xref depth="4" refnumber="75B-2-103(8)">75B-2-103(8)</xref> receiving the notice under Subsection <xref depth="4" refnumber="75A-5-303(2)(b)">(2)(b)</xref> is:<subsection number="75A-5-303(2)(d)(i)">if an individual, legally competent;</subsection><subsection number="75A-5-303(2)(d)(ii)">if not an individual, in existence; or</subsection><subsection number="75A-5-303(2)(d)(iii)">represented in the manner provided in Subsection <xref depth="3" refnumber="75A-5-304">75A-5-304</xref><xref depth="4" refnumber="75A-5-303(2)">(2)</xref>; and</subsection></subsection><subsection number="75A-5-303(2)(e)">the fiduciary does not receive, by the date specified in the notice under Subsection <xref depth="3" refnumber="75A-5-304">75A-5-304</xref><xref depth="4" refnumber="75A-5-303(4)(e)">(4)(e)</xref>, an objection in a record to the action proposed under Subsection <xref depth="4" refnumber="75A-5-303(2)(b)">(2)(b)</xref> from a person to which the notice under Subsection <xref depth="4" refnumber="75A-5-303(2)(b)">(2)(b)</xref> is sent.</subsection></subsection><subsection number="75A-5-303(3)"><subsection number="75A-5-303(3)(a)">If a fiduciary receives, not later than the date stated in the notice under Subsection <xref depth="3" refnumber="75A-5-304">75A-5-304</xref><xref depth="4" refnumber="75A-5-303(4)(e)">(4)(e)</xref>, an objection in a record described in Subsection <xref depth="3" refnumber="75A-5-304">75A-5-304</xref><xref depth="4" refnumber="75A-5-303(4)(d)">(4)(d)</xref> to a proposed action, the fiduciary or a beneficiary may request that the court:<subsection number="75A-5-303(3)(a)(i)">require the fiduciary to take the proposed action;</subsection><subsection number="75A-5-303(3)(a)(ii)">require the fiduciary to take the proposed action with modifications; or</subsection><subsection number="75A-5-303(3)(a)(iii)">prevent the proposed action.</subsection></subsection><subsection number="75A-5-303(3)(b)">A person described in Subsection <xref depth="3" refnumber="75A-5-304">75A-5-304</xref><xref depth="4" refnumber="75A-5-303(1)">(1)</xref> may oppose the proposed action in the proceeding under Subsection <xref depth="4" refnumber="75A-5-303(3)(a)">(3)(a)</xref>, regardless of whether the person:<subsection number="75A-5-303(3)(b)(i)">consented under Subsection <xref depth="3" refnumber="75A-5-304">75A-5-304</xref><xref depth="4" refnumber="75A-5-303(3)">(3)</xref>; or</subsection><subsection number="75A-5-303(3)(b)(ii)">objected under Subsection <xref depth="3" refnumber="75A-5-304">75A-5-304</xref><xref depth="4" refnumber="75A-5-303(4)(d)">(4)(d)</xref>.</subsection></subsection></subsection><subsection number="75A-5-303(4)">If, after sending a notice under Subsection <xref depth="4" refnumber="75A-5-303(2)(b)">(2)(b)</xref>, a fiduciary decides not to take the action proposed in the notice, the fiduciary shall notify each person described in Subsection <xref depth="3" refnumber="75A-5-304">75A-5-304</xref><xref depth="4" refnumber="75A-5-303(1)">(1)</xref> in a record of the decision not to take the action and the reasons for the decision.</subsection><subsection number="75A-5-303(5)">If a beneficiary requests in a record that a fiduciary take an action described in Subsection <xref depth="4" refnumber="75A-5-303(1)">(1)</xref> and the fiduciary declines to act or does not act within 90 days after receiving the request, the beneficiary may request the court to direct the fiduciary to take the action requested.</subsection><subsection number="75A-5-303(6)">In deciding whether and how to take an action authorized by Subsection <xref depth="4" refnumber="75A-5-303(1)">(1)</xref>, or whether and how to respond to a request by a beneficiary under Subsection <xref depth="4" refnumber="75A-5-303(5)">(5)</xref>, a fiduciary shall consider all factors relevant to the trust and the beneficiaries, including the relevant factors in Subsection <xref depth="3" refnumber="75A-5-201">75A-5-201</xref><xref depth="4" refnumber="75A-5-303(5)">(5)</xref>.</subsection><subsection number="75A-5-303(7)">For a reason described in Subsection <xref depth="3" refnumber="75A-5-203">75A-5-203</xref><xref depth="4" refnumber="75A-5-303(7)">(7)</xref>, and in the manner described in Subsection <xref depth="3" refnumber="75A-5-203">75A-5-203</xref><xref depth="4" refnumber="75A-5-303(8)">(8)</xref>, a fiduciary may:<subsection number="75A-5-303(7)(a)">release or delegate the power to convert an income trust to a unitrust under Subsection <xref depth="4" refnumber="75A-5-303(1)(a)">(1)(a)</xref>;</subsection><subsection number="75A-5-303(7)(b)">change the percentage or method used to calculate a unitrust amount under Subsection <xref depth="4" refnumber="75A-5-303(1)(b)">(1)(b)</xref>; or</subsection><subsection number="75A-5-303(7)(c)">convert a unitrust to an income trust under Subsection <xref depth="4" refnumber="75A-5-303(1)(c)">(1)(c)</xref>.</subsection></subsection></section><section number="75A-5-304"><histories><history>Amended by Chapter <modchap sess="2025GS">310</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">338</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Notice.</catchline><subsection number="75A-5-304(1)">A fiduciary shall send a notice required by Subsection <xref depth="3" refnumber="75A-5-303">75A-5-303</xref><xref depth="4" refnumber="75A-5-304(2)(b)">(2)(b)</xref> in a manner authorized under Section <xref depth="3" refnumber="75B-2-109">75B-2-109</xref> to:<subsection number="75A-5-304(1)(a)">the qualified beneficiaries determined under Subsection <xref depth="4" refnumber="75B-2-103(8)">75B-2-103(8)</xref>;</subsection><subsection number="75A-5-304(1)(b)">each person acting, in accordance with <xref depth="1" refnumber="75-12">Title 75, Chapter 12, Uniform Directed Trust Act</xref>, as trust director of the trust; and</subsection><subsection number="75A-5-304(1)(c)">each person that is granted a power by the terms of the trust to appoint or remove a trustee or person described in Subsection <xref depth="4" refnumber="75A-5-304(1)(b)">(1)(b)</xref>, to the extent the power is exercisable when the person that exercises the power is not then serving as trustee or is a person described in Subsection <xref depth="4" refnumber="75A-5-304(1)(b)">(1)(b)</xref>.</subsection></subsection><subsection number="75A-5-304(2)">The representation provisions of Title 75B, Chapter 2, Part 3, Representation, apply to notice under this section.</subsection><subsection number="75A-5-304(3)"><subsection number="75A-5-304(3)(a)">A person may consent in a record at any time to action proposed under Subsection <xref depth="3" refnumber="75A-5-303">75A-5-303</xref><xref depth="4" refnumber="75A-5-304(2)(b)">(2)(b)</xref>.</subsection><subsection number="75A-5-304(3)(b)">If a person required to receive a notice under Subsection <xref depth="4" refnumber="75A-5-304(1)">(1)</xref> consents under Subsection <xref depth="4" refnumber="75A-5-304(3)(a)">(3)(a)</xref> to not receive the notice, the fiduciary is not required to send the person the notice.</subsection></subsection><subsection number="75A-5-304(4)">A notice required by Subsection <xref depth="3" refnumber="75A-5-303">75A-5-303</xref><xref depth="4" refnumber="75A-5-304(2)(b)">(2)(b)</xref> shall include:<subsection number="75A-5-304(4)(a)">the action proposed under Subsection <xref depth="3" refnumber="75A-5-303">75A-5-303</xref><xref depth="4" refnumber="75A-5-304(2)(b)">(2)(b)</xref>;</subsection><subsection number="75A-5-304(4)(b)">for a conversion of an income trust to a unitrust, a copy of the unitrust policy adopted under Subsection <xref depth="3" refnumber="75A-5-303">75A-5-303</xref><xref depth="4" refnumber="75A-5-304(1)(a)">(1)(a)</xref>;</subsection><subsection number="75A-5-304(4)(c)">for a change in the percentage or method used to calculate the unitrust amount, a copy of the unitrust policy or amendment or replacement of the unitrust policy adopted under Subsection <xref depth="3" refnumber="75A-5-303">75A-5-303</xref><xref depth="4" refnumber="75A-5-304(1)(b)">(1)(b)</xref>;</subsection><subsection number="75A-5-304(4)(d)">a statement that the person to which the notice is sent may object to the proposed action by stating in a record the basis for the objection and sending or delivering the record to the fiduciary;</subsection><subsection number="75A-5-304(4)(e)">the date by which the fiduciary shall receive an objection under Subsection <xref depth="4" refnumber="75A-5-304(4)(d)">(4)(d)</xref>, which shall be at least 30 days after the date the notice is sent;</subsection><subsection number="75A-5-304(4)(f)">the date on which the action is proposed to be taken and the date on which the action is proposed to take effect;</subsection><subsection number="75A-5-304(4)(g)">the name and contact information of the fiduciary; and</subsection><subsection number="75A-5-304(4)(h)">the name and contact information of a person that may be contacted for additional information.</subsection></subsection></section><section number="75A-5-305"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Unitrust policy.</catchline><subsection number="75A-5-305(1)">In administering a unitrust under this part, a fiduciary shall follow a unitrust policy:<subsection number="75A-5-305(1)(a)">adopted under Subsection <xref depth="4" refnumber="75A-5-303(1)(a)">75A-5-303(1)(a)</xref> or (b); or</subsection><subsection number="75A-5-305(1)(b)">amended or replaced under Subsection <xref depth="4" refnumber="75A-5-303(1)(b)">75A-5-303(1)(b)</xref>.</subsection></subsection><subsection number="75A-5-305(2)">A unitrust policy shall provide:<subsection number="75A-5-305(2)(a)">the unitrust rate or the method for determining the unitrust rate under Section <xref depth="3" refnumber="75A-5-306">75A-5-306</xref>;</subsection><subsection number="75A-5-305(2)(b)">the method for determining the applicable value under Section <xref depth="3" refnumber="75A-5-307">75A-5-307</xref>; and</subsection><subsection number="75A-5-305(2)(c)">the rules described in Sections <xref depth="3" refnumber="75A-5-306">75A-5-306</xref> through <xref depth="3" refnumber="75A-5-309">75A-5-309</xref> that apply in the administration of the unitrust, regardless of whether the rules are:<subsection number="75A-5-305(2)(c)(i)">mandatory, as provided in Subsections <xref depth="4" refnumber="75A-5-307(1)">75A-5-307(1)</xref> and <xref depth="4" refnumber="75A-5-308(1)">75A-5-308(1)</xref>; or</subsection><subsection number="75A-5-305(2)(c)(ii)">optional, as provided in Section <xref depth="3" refnumber="75A-5-306">75A-5-306</xref> and Subsections <xref depth="4" refnumber="75A-5-307(2)">75A-5-307(2)</xref>, <xref depth="4" refnumber="75A-5-308(2)">75A-5-308(2)</xref>, and <xref depth="4" refnumber="75A-5-309(1)">75A-5-309(1)</xref>, to the extent the fiduciary elects to adopt those rules.</subsection></subsection></subsection></section><section number="75A-5-306"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Unitrust rate.</catchline><subsection number="75A-5-306(1)">Except as otherwise provided in Subsection <xref depth="4" refnumber="75A-5-309(2)(a)">75A-5-309(2)(a)</xref>, a unitrust rate may be:<subsection number="75A-5-306(1)(a)">a fixed unitrust rate; or</subsection><subsection number="75A-5-306(1)(b)">a unitrust rate that is determined for each period using:<subsection number="75A-5-306(1)(b)(i)">a market index or other published data; or</subsection><subsection number="75A-5-306(1)(b)(ii)">a mathematical blend of market indices or other published data over a stated number of preceding periods.</subsection></subsection></subsection><subsection number="75A-5-306(2)">Except as otherwise provided in Subsection <xref depth="4" refnumber="75A-5-309(2)(a)">75A-5-309(2)(a)</xref>, a unitrust policy may provide:<subsection number="75A-5-306(2)(a)">a limit on how high the unitrust rate determined under Subsection (1)(b) may rise;</subsection><subsection number="75A-5-306(2)(b)">a limit on how low the unitrust rate determined under Subsection (1)(b) may fall;</subsection><subsection number="75A-5-306(2)(c)">a limit on how much the unitrust rate determined under Subsection (1)(b) may increase over the unitrust rate for the preceding period or a mathematical blend of unitrust rates over a stated number of preceding periods;</subsection><subsection number="75A-5-306(2)(d)">a limit on how much the unitrust rate determined under Subsection (1)(b) may decrease below the unitrust rate for the preceding period or a mathematical blend of unitrust rates over a stated number of preceding periods; or</subsection><subsection number="75A-5-306(2)(e)">a mathematical blend of any of the unitrust rates determined under Subsection (1)(b) and Subsections (2)(a) through (d).</subsection></subsection></section><section number="75A-5-307"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Applicable value.</catchline><subsection number="75A-5-307(1)">A unitrust policy shall provide the method for determining the fair market value of an asset for the purpose of determining the unitrust amount, including:<subsection number="75A-5-307(1)(a)">the frequency of valuing the asset, which need not require a valuation in every period; and</subsection><subsection number="75A-5-307(1)(b)">the date for valuing the asset in each period that the asset is valued.</subsection></subsection><subsection number="75A-5-307(2)">Except as otherwise provided in Subsection <xref depth="4" refnumber="75A-5-309(2)(b)">75A-5-309(2)(b)</xref>, a unitrust policy may provide methods for determining the amount of the net fair market value of the trust to take into account in determining the applicable value, including:<subsection number="75A-5-307(2)(a)">obtaining an appraisal of an asset for which fair market value is not readily available;</subsection><subsection number="75A-5-307(2)(b)">exclusion of specific assets or groups or types of assets;</subsection><subsection number="75A-5-307(2)(c)">other exceptions or modifications of the treatment of specific assets or groups or types of assets;</subsection><subsection number="75A-5-307(2)(d)">identification and treatment of cash or property held for distribution;</subsection><subsection number="75A-5-307(2)(e)">use of:<subsection number="75A-5-307(2)(e)(i)">an average of fair market values over a stated number of preceding periods; or</subsection><subsection number="75A-5-307(2)(e)(ii)">another mathematical blend of fair market values over a stated number of preceding periods;</subsection></subsection><subsection number="75A-5-307(2)(f)">a limit on how much the applicable value of all assets, groups of assets, or individual assets may increase over:<subsection number="75A-5-307(2)(f)(i)">the corresponding applicable value for the preceding period; or</subsection><subsection number="75A-5-307(2)(f)(ii)">a mathematical blend of applicable values over a stated number of preceding time periods;</subsection></subsection><subsection number="75A-5-307(2)(g)">a limit on how much the applicable value of all assets, groups of assets, or individual assets may decrease below:<subsection number="75A-5-307(2)(g)(i)">the corresponding applicable value for the preceding period; or</subsection><subsection number="75A-5-307(2)(g)(ii)">a mathematical blend of applicable values over a stated number of preceding periods;</subsection></subsection><subsection number="75A-5-307(2)(h)">the treatment of accrued income and other features of an asset that affect value; and</subsection><subsection number="75A-5-307(2)(i)">determining the liabilities of the trust, including treatment of liabilities to conform with the treatment of assets under Subsections (2)(a) through (h).</subsection></subsection></section><section number="75A-5-308"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Period.</catchline><subsection number="75A-5-308(1)"><subsection number="75A-5-308(1)(a)">A unitrust policy shall provide the period used under Sections <xref depth="3" refnumber="75A-5-306">75A-5-306</xref> and <xref depth="3" refnumber="75A-5-307">75A-5-307</xref>.</subsection><subsection number="75A-5-308(1)(b)">Except as otherwise provided in Subsection <xref depth="4" refnumber="22-3-309(2)(c)" start="0">22-3-309(2)(c)</xref>, the period may be:<subsection number="75A-5-308(1)(b)(i)">a calendar year;</subsection><subsection number="75A-5-308(1)(b)(ii)">a 12-month period other than a calendar year;</subsection><subsection number="75A-5-308(1)(b)(iii)">a calendar quarter;</subsection><subsection number="75A-5-308(1)(b)(iv)">a three-month period other than a calendar quarter; or</subsection><subsection number="75A-5-308(1)(b)(v)">another period.</subsection></subsection></subsection><subsection number="75A-5-308(2)">Except as otherwise provided in Subsection <xref refnumber="75A-5-309(2)" depth="4">75A-5-309(2)</xref>, a unitrust policy may provide standards for:<subsection number="75A-5-308(2)(a)">using fewer preceding periods under Subsection <xref depth="4" refnumber="75A-5-306(1)(b)(ii)">75A-5-306(1)(b)(ii)</xref>, <xref depth="4" refnumber="22-3-306(2)(c)" start="0">(2)(c)</xref>, or <xref depth="4" refnumber="22-3-306(2)(d)" start="0">(2)(d)</xref> if:<subsection number="75A-5-308(2)(a)(i)">the trust was not in existence in a preceding period; or</subsection><subsection number="75A-5-308(2)(a)(ii)">market indices or other published data are not available for a preceding period;</subsection></subsection><subsection number="75A-5-308(2)(b)">using fewer preceding periods under Subsection <xref tempid="553" depth="4" refnumber="75A-5-307(2)(e)(i)">75A-5-307(2)(e)(i)</xref>, (e)(ii), <xref depth="4" refnumber="22-3-307(2)(f)(ii)" start="0">(f)(ii)</xref>, or <xref depth="4" refnumber="22-3-307(2)(g)(ii)" start="0">(g)(ii)</xref> if:<subsection number="75A-5-308(2)(b)(i)">the trust was not in existence in a preceding period; or</subsection><subsection number="75A-5-308(2)(b)(ii)">fair market values are not available for a preceding period; and</subsection></subsection><subsection number="75A-5-308(2)(c)">prorating the unitrust amount on a daily basis for a part of a period in which the trust or the administration of the trust as a unitrust or the interest of any beneficiary commences or terminates.</subsection></subsection></section><section number="75A-5-309"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Special tax benefits -- Other rules.</catchline><subsection number="75A-5-309(1)">A unitrust policy may:<subsection number="75A-5-309(1)(a)">provide methods and standards for:<subsection number="75A-5-309(1)(a)(i)">determining the timing of distributions;</subsection><subsection number="75A-5-309(1)(a)(ii)">making distributions in cash or in kind or partly in cash and partly in kind; or</subsection><subsection number="75A-5-309(1)(a)(iii)">correcting an underpayment or overpayment to a beneficiary based on the unitrust amount if there is an error in calculating the unitrust amount;</subsection></subsection><subsection number="75A-5-309(1)(b)">specify sources and the order of sources, including categories of income for federal income tax purposes, from which distributions of a unitrust amount are paid; or</subsection><subsection number="75A-5-309(1)(c)">provide other standards and rules the fiduciary determines serve the interests of the beneficiaries.</subsection></subsection><subsection number="75A-5-309(2)">If a trust qualifies for a special tax benefit or a fiduciary is not an independent person:<subsection number="75A-5-309(2)(a)">the unitrust rate established under Section <xref depth="3" refnumber="75A-5-306">75A-5-306</xref> may not be less than 3% or more than 5%;</subsection><subsection number="75A-5-309(2)(b)">the only provisions of Section <xref depth="3" refnumber="75A-5-307">75A-5-307</xref> that apply are Subsections <xref depth="4" refnumber="75A-5-307(1)">75A-5-307(1)</xref> and (2)(a), (d), (e)(i), and (i);</subsection><subsection number="75A-5-309(2)(c)">the only period that may be used under Section <xref depth="3" refnumber="75A-5-308">75A-5-308</xref> is a calendar year under Subsection <xref depth="4" refnumber="75A-5-308(1)">75A-5-308(1)</xref>; and</subsection><subsection number="75A-5-309(2)(d)">the only other provisions of Section <xref depth="3" refnumber="75A-5-308">75A-5-308</xref> that apply are Subsections <xref depth="4" refnumber="75A-5-308(2)(b)(i)">75A-5-308(2)(b)(i)</xref> and (c).</subsection></subsection></section></part><part number="75A-5-4"><catchline>Allocation of Receipts</catchline><section number="75A-5-401"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Receipts from entity -- Character of receipts from entity.</catchline><subsection number="75A-5-401(1)">As used in this section:<subsection number="75A-5-401(1)(a)">"Capital distribution" means an entity distribution of money that is a:<subsection number="75A-5-401(1)(a)(i)">return of capital; or</subsection><subsection number="75A-5-401(1)(a)(ii)">distribution in total or partial liquidation of the entity.</subsection></subsection><subsection number="75A-5-401(1)(b)"><subsection number="75A-5-401(1)(b)(i)">"Entity" means a corporation, partnership, limited liability company, regulated investment company, real estate investment trust, common trust fund, or any other organization or arrangement in which a fiduciary owns or holds an interest, regardless of whether the entity is a taxpayer for federal income tax purposes.</subsection><subsection number="75A-5-401(1)(b)(ii)">"Entity" does not include:<subsection number="75A-5-401(1)(b)(ii)(A)">a trust or estate to which Section <xref depth="3" refnumber="75A-5-402">75A-5-402</xref> applies;</subsection><subsection number="75A-5-401(1)(b)(ii)(B)">a business or other activity to which Section <xref depth="3" refnumber="75A-5-403">75A-5-403</xref> applies that is not conducted by an entity described in Subsection (1)(b)(i);</subsection><subsection number="75A-5-401(1)(b)(ii)(C)">an asset-backed security; or</subsection><subsection number="75A-5-401(1)(b)(ii)(D)">an instrument or arrangement to which Section <xref depth="3" refnumber="75A-5-416">75A-5-416</xref> applies.</subsection></subsection></subsection><subsection number="75A-5-401(1)(c)">"Entity distribution" means a payment or transfer by an entity made to a person in the person's capacity as an owner or holder of an interest in the entity.</subsection></subsection><subsection number="75A-5-401(2)">In this section, an attribute or action of an entity includes an attribute or action of any other entity in which the entity owns or holds an interest, including an interest owned or held indirectly through another entity.</subsection><subsection number="75A-5-401(3)">Except as otherwise provided in Subsections (4)(b) through (d), a fiduciary shall allocate to income:<subsection number="75A-5-401(3)(a)">money received in an entity distribution; and</subsection><subsection number="75A-5-401(3)(b)">tangible personal property of nominal value received from the entity.</subsection></subsection><subsection number="75A-5-401(4)">A fiduciary shall allocate to principal:<subsection number="75A-5-401(4)(a)">property received in an entity distribution that is not:<subsection number="75A-5-401(4)(a)(i)">money; or</subsection><subsection number="75A-5-401(4)(a)(ii)">tangible personal property of nominal value;</subsection></subsection><subsection number="75A-5-401(4)(b)">money received in an entity distribution in an exchange for part or all of the fiduciary's interest in the entity, to the extent the entity distribution reduces the fiduciary's interest in the entity relative to the interests of other persons that own or hold interests in the entity;</subsection><subsection number="75A-5-401(4)(c)">money received in an entity distribution that the fiduciary determines or estimates is a capital distribution; and</subsection><subsection number="75A-5-401(4)(d)">money received in an entity distribution from an entity that is:<subsection number="75A-5-401(4)(d)(i)">a regulated investment company or real estate investment trust if the money received is a capital gain dividend for federal income tax purposes; or</subsection><subsection number="75A-5-401(4)(d)(ii)">treated for federal income tax purposes in a comparable manner to the treatment described in Subsection (4)(d)(i).</subsection></subsection></subsection><subsection number="75A-5-401(5)">A fiduciary may determine or estimate that money received in an entity distribution is a capital distribution:<subsection number="75A-5-401(5)(a)">by relying without inquiry or investigation on a characterization of the entity distribution provided by or on behalf of the entity, unless the fiduciary:<subsection number="75A-5-401(5)(a)(i)">determines, on the basis of information known to the fiduciary, that the characterization is or may be incorrect; or</subsection><subsection number="75A-5-401(5)(a)(ii)">owns or holds more than 50% of the voting interest in the entity;</subsection></subsection><subsection number="75A-5-401(5)(b)">by determining or estimating, on the basis of information known to the fiduciary or provided to the fiduciary by or on behalf of the entity, that the total amount of money and property received by the fiduciary in the entity distribution or a series of related entity distributions is or will be greater than 20% of the fair market value of the fiduciary's interest in the entity; or</subsection><subsection number="75A-5-401(5)(c)">if neither Subsection (5)(a) nor (b) applies, by considering the factors in Subsection (6) and the information known to the fiduciary or provided to the fiduciary by or on behalf of the entity.</subsection></subsection><subsection number="75A-5-401(6)">In making a determination or estimate under Subsection (5)(c), a fiduciary may consider:<subsection number="75A-5-401(6)(a)">a characterization of an entity distribution provided by or on behalf of the entity;</subsection><subsection number="75A-5-401(6)(b)">the amount of money or property received in:<subsection number="75A-5-401(6)(b)(i)">the entity distribution; or</subsection><subsection number="75A-5-401(6)(b)(ii)">what the fiduciary determines is or will be a series of related entity distributions;</subsection></subsection><subsection number="75A-5-401(6)(c)">the amount described in Subsection (6)(b) compared to the amount that the fiduciary determines or estimates is, during the current or preceding accounting periods:<subsection number="75A-5-401(6)(c)(i)">the entity's operating income;</subsection><subsection number="75A-5-401(6)(c)(ii)">the proceeds of the entity's sale or other disposition of:<subsection number="75A-5-401(6)(c)(ii)(A)">all or part of the business or other activity conducted by the entity;</subsection><subsection number="75A-5-401(6)(c)(ii)(B)">one or more business assets that are not sold to customers in the ordinary course of the business or other activity conducted by the entity; or</subsection><subsection number="75A-5-401(6)(c)(ii)(C)">one or more assets other than business assets, unless the entity's primary activity is to invest in assets to realize gain on the disposition of all or some of the assets;</subsection></subsection><subsection number="75A-5-401(6)(c)(iii)">if the entity's primary activity is to invest in assets to realize gain on the disposition of all or some of the assets, the gain realized on the disposition;</subsection><subsection number="75A-5-401(6)(c)(iv)">the entity's regular, periodic entity distributions;</subsection><subsection number="75A-5-401(6)(c)(v)">the amount of money that the entity has accumulated;</subsection><subsection number="75A-5-401(6)(c)(vi)">the amount of money that the entity has borrowed;</subsection><subsection number="75A-5-401(6)(c)(vii)">the amount of money that the entity has received from the sources described in Sections <xref depth="3" refnumber="75A-5-407">75A-5-407</xref>, <xref depth="3" refnumber="75A-5-410">75A-5-410</xref>, <xref depth="3" refnumber="75A-5-411">75A-5-411</xref>, and <xref depth="3" refnumber="75A-5-412">75A-5-412</xref>; and</subsection><subsection number="75A-5-401(6)(c)(viii)">the amount of money that the entity has received from a source not otherwise described in this subsection; and</subsection></subsection><subsection number="75A-5-401(6)(d)">any other factor the fiduciary determines is relevant.</subsection></subsection><subsection number="75A-5-401(7)">If, after applying Subsections (3) through (6), a fiduciary determines that a part of an entity distribution is a capital distribution but the fiduciary is in doubt about the amount of the entity distribution that is a capital distribution, the fiduciary shall allocate to principal the amount of the entity distribution that is in doubt.</subsection><subsection number="75A-5-401(8)">If a fiduciary receives additional information about the application of this section to an entity distribution before the fiduciary has paid part of the entity distribution to a beneficiary, the fiduciary may consider the additional information before making the payment to the beneficiary and may change a decision to make the payment to the beneficiary.</subsection><subsection number="75A-5-401(9)">If a fiduciary receives additional information about the application of this section to an entity distribution after the fiduciary has paid part of the entity distribution to a beneficiary, the fiduciary is not required to change or recover the payment to the beneficiary but may consider that information in determining whether to exercise the power to adjust under Section <xref depth="3" refnumber="75A-5-203">75A-5-203</xref>.</subsection></section><section number="75A-5-402"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Receipts from entity -- Distribution from trust or estate.</catchline><subsection number="75A-5-402(1)">A fiduciary shall allocate:<subsection number="75A-5-402(1)(a)">to income an amount received as a distribution of income, including a unitrust distribution under Part 3, Unitrust, from a trust or estate in which the fiduciary has an interest, other than an interest the fiduciary purchased in a trust that is an investment entity; and</subsection><subsection number="75A-5-402(1)(b)">to principal an amount received as a distribution of principal from the trust or estate.</subsection></subsection><subsection number="75A-5-402(2)">If a fiduciary purchases, or receives from a settlor, an interest in a trust that is an investment entity, Section <xref depth="3" refnumber="75A-5-401">75A-5-401</xref>, <xref depth="3" refnumber="75A-5-415">75A-5-415</xref>, or <xref depth="3" refnumber="75A-5-416">75A-5-416</xref> applies to a receipt from the trust.</subsection></section><section number="75A-5-403"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Receipts from entity -- Business or other activity conducted by fiduciary.</catchline><subsection number="75A-5-403(1)">This section applies to a business or other activity conducted by a fiduciary if the fiduciary determines that it is in the interests of the beneficiaries to account separately for the business or other activity instead of:<subsection number="75A-5-403(1)(a)">accounting for the business or other activity as part of the fiduciary's general accounting records; or</subsection><subsection number="75A-5-403(1)(b)">conducting the business or other activity through an entity described in Subsection <xref depth="4" refnumber="75A-5-401(1)(b)(i)">75A-5-401(1)(b)(i)</xref>.</subsection></subsection><subsection number="75A-5-403(2)">A fiduciary may account separately under this section for the transactions of a business or other activity, whether or not assets of the business or other activity are segregated from other assets held by the fiduciary.</subsection><subsection number="75A-5-403(3)">A fiduciary that accounts separately under this section for a business or other activity:<subsection number="75A-5-403(3)(a)">may determine:<subsection number="75A-5-403(3)(a)(i)">the extent to which the net cash receipts of the business or other activity shall be retained for:<subsection number="75A-5-403(3)(a)(i)(A)">working capital;</subsection><subsection number="75A-5-403(3)(a)(i)(B)">the acquisition or replacement of fixed assets; and</subsection><subsection number="75A-5-403(3)(a)(i)(C)">other reasonably foreseeable needs of the business or other activity; and</subsection></subsection><subsection number="75A-5-403(3)(a)(ii)">the extent that the remaining net cash receipts are accounted for as principal or income in the fiduciary's general accounting records for the trust;</subsection></subsection><subsection number="75A-5-403(3)(b)">may make a determination under Subsection (3)(a) separately and differently from the fiduciary's decisions concerning distributions of income or principal; and</subsection><subsection number="75A-5-403(3)(c)">shall account for the net amount received from the sale of an asset of the business or other activity, other than a sale in the ordinary course of the business or other activity, as principal in the fiduciary's general accounting records for the trust, to the extent the fiduciary determines that the net amount received is no longer required in the conduct of the business or other activity.</subsection></subsection><subsection number="75A-5-403(4)">A fiduciary may account separately under this section for activities that include:<subsection number="75A-5-403(4)(a)">retail, manufacturing, service, and other traditional business activities;</subsection><subsection number="75A-5-403(4)(b)">farming;</subsection><subsection number="75A-5-403(4)(c)">raising and selling livestock and other animals;</subsection><subsection number="75A-5-403(4)(d)">managing rental properties;</subsection><subsection number="75A-5-403(4)(e)">extracting minerals, water, and other natural resources;</subsection><subsection number="75A-5-403(4)(f)">growing and cutting timber;</subsection><subsection number="75A-5-403(4)(g)">an activity to which Section <xref depth="3" refnumber="75A-5-414">75A-5-414</xref>, <xref depth="3" refnumber="75A-5-415">75A-5-415</xref>, or <xref depth="3" refnumber="75A-5-416">75A-5-416</xref> applies; and</subsection><subsection number="75A-5-403(4)(h)">any other business conducted by the fiduciary.</subsection></subsection></section><section number="75A-5-404"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Receipts not normally apportioned -- Principal receipts.</catchline><tab/>A fiduciary shall allocate to principal:<subsection number="75A-5-404(1)">to the extent not allocated to income under this chapter, an asset received from:<subsection number="75A-5-404(1)(a)">an individual during the individual's lifetime;</subsection><subsection number="75A-5-404(1)(b)">an estate;</subsection><subsection number="75A-5-404(1)(c)">a trust on termination of an income interest; or</subsection><subsection number="75A-5-404(1)(d)">a payor under a contract naming the fiduciary as beneficiary;</subsection></subsection><subsection number="75A-5-404(2)">except as otherwise provided in this part, money or other property received from the sale, exchange, liquidation, or change in form of a principal asset;</subsection><subsection number="75A-5-404(3)">an amount recovered from a third party to reimburse the fiduciary because of a disbursement described in Subsection <xref depth="4" refnumber="75A-5-502(1)">75A-5-502(1)</xref> or for another reason to the extent not based on loss of income;</subsection><subsection number="75A-5-404(4)">proceeds of property taken by eminent domain, except that proceeds awarded for loss of income in an accounting period are income if a current income beneficiary had a mandatory income interest during the accounting period;</subsection><subsection number="75A-5-404(5)">net income received in an accounting period during which there is no beneficiary to which a fiduciary is permitted or required to distribute income; and</subsection><subsection number="75A-5-404(6)">other receipts as provided in Part 3, Unitrust.</subsection></section><section number="75A-5-405"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Receipts not normally apportioned -- Rental property.</catchline><subsection number="75A-5-405(1)">To the extent a fiduciary does not account for the management of rental property as a business under Section <xref depth="3" refnumber="75A-5-403">75A-5-403</xref>, the fiduciary shall allocate to income an amount received as rent of real or personal property, including an amount received for cancellation or renewal of a lease.</subsection><subsection number="75A-5-405(2)">An amount received as a refundable deposit, including a security deposit or a deposit that is to be applied as rent for future periods:<subsection number="75A-5-405(2)(a)">shall be added to principal and held subject to the terms of the lease, except as otherwise provided by law other than this chapter; and</subsection><subsection number="75A-5-405(2)(b)">is not allocated to income or available for distribution to a beneficiary until the fiduciary's contractual obligations have been satisfied with respect to that amount.</subsection></subsection></section><section number="75A-5-406"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Receipts not normally apportioned -- Receipt on obligation to be paid in money.</catchline><subsection number="75A-5-406(1)">This section does not apply to an obligation to which Section <xref depth="3" refnumber="75A-5-409">75A-5-409</xref>, <xref depth="3" refnumber="75A-5-410">75A-5-410</xref>, <xref depth="3" refnumber="75A-5-411">75A-5-411</xref>, <xref depth="3" refnumber="75A-5-412">75A-5-412</xref>, <xref depth="3" refnumber="75A-5-414">75A-5-414</xref>, <xref depth="3" refnumber="75A-5-415">75A-5-415</xref>, or <xref depth="3" refnumber="75A-5-416">75A-5-416</xref> applies.</subsection><subsection number="75A-5-406(2)">A fiduciary shall allocate to income, without provision for amortization of premium, an amount received as interest on an obligation to pay money to the fiduciary, including an amount received as consideration for prepaying principal.</subsection><subsection number="75A-5-406(3)"><subsection number="75A-5-406(3)(a)">A fiduciary shall allocate to principal an amount received from the sale, redemption, or other disposition of an obligation to pay money to the fiduciary.</subsection><subsection number="75A-5-406(3)(b)">A fiduciary shall allocate to income the increment in value of a bond or other obligation for the payment of money bearing no stated interest but payable or redeemable, at maturity or another future time, in an amount that exceeds the amount in consideration of which it was issued.</subsection></subsection></section><section number="75A-5-407"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Receipts not normally apportioned -- Insurance policy or contract.</catchline><subsection number="75A-5-407(1)">This section does not apply to a contract to which Section <xref depth="3" refnumber="75A-5-409">75A-5-409</xref> applies.</subsection><subsection number="75A-5-407(2)"><subsection number="75A-5-407(2)(a)">Except as otherwise provided in Subsection (3), a fiduciary shall allocate to principal the proceeds of a life insurance policy or other contract received by the fiduciary as beneficiary, including a contract that insures against damage to, destruction of, or loss of title to an asset.</subsection><subsection number="75A-5-407(2)(b)">The fiduciary shall allocate dividends on an insurance policy:<subsection number="75A-5-407(2)(b)(i)">to income, to the extent premiums on the policy are paid from income; and</subsection><subsection number="75A-5-407(2)(b)(ii)">to principal, to the extent premiums on the policy are paid from principal.</subsection></subsection></subsection><subsection number="75A-5-407(3)">A fiduciary shall allocate to income proceeds of a contract that insures the fiduciary against loss of:<subsection number="75A-5-407(3)(a)">occupancy or other use by a current income beneficiary;</subsection><subsection number="75A-5-407(3)(b)">income; or</subsection><subsection number="75A-5-407(3)(c)">subject to Section <xref depth="3" refnumber="75A-5-403">75A-5-403</xref>, profits from a business.</subsection></subsection></section><section number="75A-5-408"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Receipts normally apportioned -- Insubstantial allocation not required.</catchline><subsection number="75A-5-408(1)">If a fiduciary determines that an allocation between income and principal required by Section <xref depth="3" refnumber="75A-5-409">75A-5-409</xref>, <xref depth="3" refnumber="75A-5-410">75A-5-410</xref>, <xref depth="3" refnumber="75A-5-411">75A-5-411</xref>, <xref depth="3" refnumber="75A-5-412">75A-5-412</xref>, or <xref depth="3" refnumber="75A-5-415">75A-5-415</xref> is insubstantial, the fiduciary may allocate the entire amount to principal, unless Subsection <xref depth="4" refnumber="75A-5-203(5)">75A-5-203(5)</xref> applies to the allocation.</subsection><subsection number="75A-5-408(2)">A fiduciary may presume an allocation is insubstantial under Subsection (1) if:<subsection number="75A-5-408(2)(a)">the amount of the allocation would increase or decrease net income in an accounting period, as determined before the allocation, by less than 10%; and</subsection><subsection number="75A-5-408(2)(b)">the asset producing the receipt to be allocated has a fair market value less than 10% of the total fair market value of the assets owned or held by the fiduciary at the beginning of the accounting period.</subsection></subsection><subsection number="75A-5-408(3)">The power to make a determination under Subsection (1) may be:<subsection number="75A-5-408(3)(a)">exercised by a co-fiduciary in the manner described in Subsection <xref depth="4" refnumber="75A-5-203(6)">75A-5-203(6)</xref>; or</subsection><subsection number="75A-5-408(3)(b)">released or delegated for a reason described in Subsection <xref depth="4" refnumber="75A-5-203(7)">75A-5-203(7)</xref> and in the manner described in Subsection <xref depth="4" refnumber="75A-5-203(8)">75A-5-203(8)</xref>.</subsection></subsection></section><section number="75A-5-409"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Receipts normally apportioned -- Deferred compensation, annuity, or similar payment.</catchline><subsection number="75A-5-409(1)">As used in this section:<subsection number="75A-5-409(1)(a)">"Internal income of a separate fund" means the amount determined under Subsection (2).</subsection><subsection number="75A-5-409(1)(b)">"Marital trust" means a trust:<subsection number="75A-5-409(1)(b)(i)">of which the settlor's surviving spouse is the only current income beneficiary and is entitled to a distribution of all the current net income of the trust; and</subsection><subsection number="75A-5-409(1)(b)(ii)">that qualifies for a marital deduction with respect to the settlor's estate under Section 2056 of the Internal Revenue Code because:<subsection number="75A-5-409(1)(b)(ii)(A)">an election to qualify for a marital deduction under Section 2056(b)(7) of the Internal Revenue Code has been made; or</subsection><subsection number="75A-5-409(1)(b)(ii)(B)">the trust qualifies for a marital deduction under Section 2056(b)(5) of the Internal Revenue Code.</subsection></subsection></subsection><subsection number="75A-5-409(1)(c)"><subsection number="75A-5-409(1)(c)(i)">"Payment" means an amount a fiduciary may receive over a fixed number of years or during the life of one or more individuals because of services rendered or property transferred to the payor in exchange for future amounts the fiduciary may receive.</subsection><subsection number="75A-5-409(1)(c)(ii)">"Payment" includes an amount received in money or property from the payor's general assets or from a separate fund created by the payor.</subsection></subsection><subsection number="75A-5-409(1)(d)">"Separate fund" includes a private or commercial annuity, an individual retirement account, and a pension, profit-sharing, stock-bonus, or stock-ownership plan.</subsection></subsection><subsection number="75A-5-409(2)">For each accounting period, and for each separate fund:<subsection number="75A-5-409(2)(a)">the fiduciary shall determine the internal income of the separate fund as if the separate fund were a trust subject to this chapter;</subsection><subsection number="75A-5-409(2)(b)">if the fiduciary cannot determine the internal income of the separate fund under Subsection (2)(a), the internal income of the separate fund is deemed to equal 3% of the value of the separate fund, according to the most recent statement of value preceding the beginning of the accounting period; and</subsection><subsection number="75A-5-409(2)(c)">if the fiduciary cannot determine the value of the separate fund under Subsection (2)(b), the value of the separate fund is deemed to equal the present value of the expected future payments, as determined under Section 7520 of the Internal Revenue Code, for the month preceding the beginning of the accounting period for which the computation is made.</subsection></subsection><subsection number="75A-5-409(3)">A fiduciary shall allocate a payment received from a separate fund during an accounting period to income, to the extent of the internal income of the separate fund during the accounting period, and the balance to principal.</subsection><subsection number="75A-5-409(4)">The fiduciary of a marital trust shall:<subsection number="75A-5-409(4)(a)">withdraw from a separate fund the amount the current income beneficiary of the trust requests the fiduciary to withdraw, not greater than the amount by which the internal income of the separate fund during the accounting period exceeds the amount the fiduciary otherwise receives from the separate fund during the accounting period;</subsection><subsection number="75A-5-409(4)(b)">transfer from principal to income the amount the current income beneficiary requests the fiduciary to transfer, not greater than the amount by which the internal income of the separate fund during the accounting period exceeds the amount the fiduciary receives from the separate fund during the accounting period after the application of Subsection (4)(a); and</subsection><subsection number="75A-5-409(4)(c)">distribute to the current income beneficiary as income:<subsection number="75A-5-409(4)(c)(i)">the amount of the internal income of the separate fund received or withdrawn during the accounting period; and</subsection><subsection number="75A-5-409(4)(c)(ii)">the amount transferred from principal to income under Subsection (4)(b).</subsection></subsection></subsection><subsection number="75A-5-409(5)">For a trust, other than a marital trust, of which one or more current income beneficiaries are entitled to a distribution of all the current net income, the fiduciary shall transfer from principal to income the amount by which the internal income of a separate fund during the accounting period exceeds the amount the fiduciary receives from the separate fund during the accounting period.</subsection></section><section number="75A-5-410"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Receipts normally apportioned -- Liquidating asset.</catchline><subsection number="75A-5-410(1)">As used in this section:<subsection number="75A-5-410(1)(a)">"Liquidating asset" means an asset whose value will diminish or terminate because the asset is expected to produce receipts for a limited time.</subsection><subsection number="75A-5-410(1)(b)">"Liquidating asset" includes a leasehold, patent, copyright, royalty right, and right to receive payments during a period of more than one year under an arrangement that does not provide for the payment of interest on the unpaid balance.</subsection></subsection><subsection number="75A-5-410(2)">This section does not apply to a receipt subject to Section <xref depth="3" refnumber="75A-5-401">75A-5-401</xref>, <xref depth="3" refnumber="75A-5-409">75A-5-409</xref>, <xref depth="3" refnumber="75A-5-411">75A-5-411</xref>, <xref depth="3" refnumber="75A-5-412">75A-5-412</xref>, <xref depth="3" refnumber="75A-5-414">75A-5-414</xref>, <xref depth="3" refnumber="75A-5-415">75A-5-415</xref>, <xref depth="3" refnumber="75A-5-416">75A-5-416</xref>, or <xref depth="3" refnumber="75A-5-503">75A-5-503</xref>.</subsection><subsection number="75A-5-410(3)">A fiduciary shall allocate:<subsection number="75A-5-410(3)(a)">to income:<subsection number="75A-5-410(3)(a)(i)">a receipt produced by a liquidating asset, to the extent the receipt does not exceed 3% of the value of the asset; or</subsection><subsection number="75A-5-410(3)(a)(ii)">if the fiduciary cannot determine the value of the asset, 10% of the receipt; and</subsection></subsection><subsection number="75A-5-410(3)(b)">to principal, the balance of the receipt.</subsection></subsection></section><section number="75A-5-411"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Receipts normally apportioned -- Minerals, water, and other natural resources.</catchline><subsection number="75A-5-411(1)">To the extent that a fiduciary does not account for a receipt from an interest in minerals, water, or other natural resources as a business under Section <xref depth="3" refnumber="75A-5-403">75A-5-403</xref>, the fiduciary shall allocate the receipt:<subsection number="75A-5-411(1)(a)">to income, to the extent received:<subsection number="75A-5-411(1)(a)(i)">as delay rental or annual rent on a lease;</subsection><subsection number="75A-5-411(1)(a)(ii)">as a factor for interest or the equivalent of interest under an agreement creating a production payment; or</subsection><subsection number="75A-5-411(1)(a)(iii)">on account of an interest in renewable water;</subsection></subsection><subsection number="75A-5-411(1)(b)">to principal, if received from a production payment, to the extent that Subsection (1)(a)(ii) does not apply; or</subsection><subsection number="75A-5-411(1)(c)">between income and principal equitably, to the extent received:<subsection number="75A-5-411(1)(c)(i)">on account of an interest in nonrenewable water;</subsection><subsection number="75A-5-411(1)(c)(ii)">as a royalty, shut-in-well payment, take-or-pay payment, or bonus; or</subsection><subsection number="75A-5-411(1)(c)(iii)">from a working interest or any other interest not provided for in Subsection (1)(a) or (b) or Subsection (1)(c)(i) or (ii).</subsection></subsection></subsection><subsection number="75A-5-411(2)">This section applies to an interest owned or held by a fiduciary regardless of whether a settlor was extracting minerals, water, or other natural resources before the fiduciary owned or held the interest.</subsection><subsection number="75A-5-411(3)">An allocation of a receipt under Subsection (1)(c) is presumed to be equitable if the amount allocated to principal is equal to the amount allowed by the Internal Revenue Code as a deduction for depletion of the interest.</subsection><subsection number="75A-5-411(4)"><subsection number="75A-5-411(4)(a)">If a fiduciary owns or holds an interest in minerals, water, or other natural resources before July 1, 2020, the fiduciary may allocate receipts from the interest as provided in this section or in the manner used by the fiduciary before July 1, 2020.</subsection><subsection number="75A-5-411(4)(b)">If the fiduciary acquires an interest in minerals, water, or other natural resources on or after July 1, 2020, the fiduciary shall allocate receipts from the interest as provided in this section.</subsection></subsection></section><section number="75A-5-412"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Receipts normally apportioned -- Timber.</catchline><subsection number="75A-5-412(1)">To the extent that a fiduciary does not account for receipts from the sale of timber and related products as a business under Section <xref depth="3" refnumber="75A-5-403">75A-5-403</xref>, the fiduciary shall allocate the net receipts:<subsection number="75A-5-412(1)(a)">to income, to the extent that the amount of timber cut from the land does not exceed the rate of growth of the timber;</subsection><subsection number="75A-5-412(1)(b)">to principal, to the extent that the amount of timber cut from the land exceeds the rate of growth of the timber or the net receipts are from the sale of standing timber;</subsection><subsection number="75A-5-412(1)(c)">between income and principal if the net receipts are from the lease of land used for growing and cutting timber or from a contract to cut timber from land, by determining the amount of timber cut from the land under the lease or contract and applying the rules in Subsections (1)(a) and (b); or</subsection><subsection number="75A-5-412(1)(d)">to principal, to the extent that advance payments, bonuses, and other payments are not allocated under Subsection (1)(a), (b), or (c).</subsection></subsection><subsection number="75A-5-412(2)">In determining net receipts to be allocated under Subsection (1), a fiduciary shall deduct and transfer to principal a reasonable amount for depletion.</subsection><subsection number="75A-5-412(3)">This section applies to land owned or held by a fiduciary regardless of whether a settlor was cutting timber from the land before the fiduciary owned or held the property.</subsection><subsection number="75A-5-412(4)"><subsection number="75A-5-412(4)(a)">If a fiduciary owns or holds an interest in land used for growing and cutting timber before July 1, 2020, the fiduciary may allocate net receipts from the sale of timber and related products as provided in this section or in the manner used by the fiduciary before July 1, 2020.</subsection><subsection number="75A-5-412(4)(b)">If the fiduciary acquires an interest in land used for growing and cutting timber on or after July 1, 2020, the fiduciary shall allocate net receipts from the sale of timber and related products as provided in this section.</subsection></subsection></section><section number="75A-5-413"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Receipts normally apportioned -- Marital deduction property not productive of income.</catchline><subsection number="75A-5-413(1)">If a trust received property for which a gift or estate tax marital deduction was allowed and the settlor's spouse holds a mandatory income interest in the trust, the spouse may require the trustee, to the extent the trust assets otherwise do not provide the spouse with sufficient income from or use of the trust assets to qualify for the deduction, to:<subsection number="75A-5-413(1)(a)">make property productive of income;</subsection><subsection number="75A-5-413(1)(b)">convert property to property productive of income within a reasonable time; or</subsection><subsection number="75A-5-413(1)(c)">exercise the power to adjust under Section <xref depth="3" refnumber="75A-5-203">75A-5-203</xref>.</subsection></subsection><subsection number="75A-5-413(2)">The trustee may decide which action or combination of actions in Subsection (1) to take.</subsection></section><section number="75A-5-414"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Receipts normally apportioned -- Derivative or option.</catchline><subsection number="75A-5-414(1)">As used in this section:<subsection number="75A-5-414(1)(a)">"Derivative" means a contract, instrument, other arrangement, or combination of contracts, instruments, or other arrangements, for which the value, rights, and obligations are, in whole or in part, dependent on or derived from an underlying tangible or intangible asset, group of tangible or intangible assets, index, or occurrence of an event.</subsection><subsection number="75A-5-414(1)(b)">"Derivative" includes stocks, fixed income securities, and financial instruments and arrangements based on indices, commodities, interest rates, weather-related events, and credit-default events.</subsection></subsection><subsection number="75A-5-414(2)">To the extent that a fiduciary does not account for a transaction in derivatives as a business under Section <xref depth="3" refnumber="75A-5-403">75A-5-403</xref>, the fiduciary shall allocate:<subsection number="75A-5-414(2)(a)">10% of receipts from the transaction and 10% of disbursements made in connection with the transaction to income; and</subsection><subsection number="75A-5-414(2)(b)">the balance to principal.</subsection></subsection><subsection number="75A-5-414(3)">Subsection (4) applies if:<subsection number="75A-5-414(3)(a)">a fiduciary:<subsection number="75A-5-414(3)(a)(i)">grants an option to buy property from a trust, regardless of whether the trust owns the property when the option is granted;</subsection><subsection number="75A-5-414(3)(a)(ii)">grants an option that permits another person to sell property to the trust; or</subsection><subsection number="75A-5-414(3)(a)(iii)">acquires an option to buy property for the trust or an option to sell an asset owned by the trust; and</subsection></subsection><subsection number="75A-5-414(3)(b)">the fiduciary or other owner of the asset is required to deliver the asset if the option is exercised.</subsection></subsection><subsection number="75A-5-414(4)">If this subsection applies, the fiduciary shall allocate 10% to income and the balance to principal of the following amounts:<subsection number="75A-5-414(4)(a)">an amount received for granting the option;</subsection><subsection number="75A-5-414(4)(b)">an amount paid to acquire the option; and</subsection><subsection number="75A-5-414(4)(c)">gain or loss realized on the exercise, exchange, settlement, offset, closing, or expiration of the option.</subsection></subsection></section><section number="75A-5-415"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Receipts normally apportioned -- Asset-backed security.</catchline><subsection number="75A-5-415(1)">Except as otherwise provided in Subsection (2), a fiduciary shall allocate:<subsection number="75A-5-415(1)(a)">to income, a receipt from or related to an asset-backed security, to the extent that the payor identifies the payment as being from interest or other current return; and</subsection><subsection number="75A-5-415(1)(b)">to principal, the balance of the receipt.</subsection></subsection><subsection number="75A-5-415(2)">If a fiduciary receives one or more payments in exchange for part or all of the fiduciary's interest in an asset-backed security, including a liquidation or redemption of the fiduciary's interest in the security, the fiduciary shall allocate:<subsection number="75A-5-415(2)(a)">to income, 10% of receipts from the transaction and 10% of disbursements made in connection with the transaction; and</subsection><subsection number="75A-5-415(2)(b)">to principal, the balance of the receipts and disbursements.</subsection></subsection></section><section number="75A-5-416"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Receipts normally apportioned -- Other financial instrument or arrangement.</catchline><subsection number="75A-5-416(1)">A fiduciary shall allocate receipts from or related to a financial instrument or arrangement not otherwise addressed by this chapter.</subsection><subsection number="75A-5-416(2)">The allocation must be consistent with Sections <xref depth="3" refnumber="75A-5-414">75A-5-414</xref> and <xref depth="3" refnumber="75A-5-415">75A-5-415</xref>.</subsection></section></part><part number="75A-5-5"><catchline>Allocation of Disbursements</catchline><section number="75A-5-501"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Disbursement from income.</catchline><tab/>Subject to Section <xref depth="3" refnumber="75A-5-504">75A-5-504</xref>, and except as otherwise provided in Subsection <xref depth="4" refnumber="75A-5-601(3)(b)">75A-5-601(3)(b)</xref> or (c), a fiduciary shall disburse from income:<subsection number="75A-5-501(1)">one-half of:<subsection number="75A-5-501(1)(a)">the regular compensation of the fiduciary and any person providing investment advisory, custodial, or other services to the fiduciary, to the extent income is sufficient; and</subsection><subsection number="75A-5-501(1)(b)">an expense for an accounting, judicial or nonjudicial proceeding, or other matter that involves both income and successive interests, to the extent income is sufficient;</subsection></subsection><subsection number="75A-5-501(2)">the balance of the disbursements described in Subsection (1), to the extent a fiduciary that is an independent person determines that making those disbursements from income would be in the interests of the beneficiaries;</subsection><subsection number="75A-5-501(3)">another ordinary expense incurred in connection with administration, management, or preservation of property and distribution of income, including interest, an ordinary repair, regularly recurring tax assessed against principal, and an expense of an accounting, judicial or nonjudicial proceeding, or other matter that involves primarily an income interest, to the extent income is sufficient; and</subsection><subsection number="75A-5-501(4)">a premium on insurance covering loss of a principal asset or income from or use of the asset.</subsection></section><section number="75A-5-502"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Disbursement from principal.</catchline><subsection number="75A-5-502(1)">Subject to Section <xref depth="3" refnumber="75A-5-505">75A-5-505</xref>, and except as otherwise provided in Subsection <xref depth="4" refnumber="75A-5-601(3)(b)">75A-5-601(3)(b)</xref> or (c), a fiduciary shall disburse from principal:<subsection number="75A-5-502(1)(a)">the balance of the disbursements described in Subsections <xref depth="4" refnumber="75A-5-501(1)">75A-5-501(1)</xref> and (3), after application of Subsection <xref depth="4" refnumber="75A-5-501(2)">75A-5-501(2)</xref>;</subsection><subsection number="75A-5-502(1)(b)">the fiduciary's compensation calculated on principal as a fee for acceptance, distribution, or termination;</subsection><subsection number="75A-5-502(1)(c)">a payment of an expense to prepare for or execute a sale or other disposition of property;</subsection><subsection number="75A-5-502(1)(d)">a payment on the principal of a trust debt;</subsection><subsection number="75A-5-502(1)(e)">a payment of an expense of an accounting, judicial or nonjudicial proceeding, or other matter that involves primarily principal, including a proceeding to construe the terms of the trust or protect property;</subsection><subsection number="75A-5-502(1)(f)">a payment of a premium for insurance, including title insurance, not described in Subsection <xref depth="4" refnumber="75A-5-501(4)">75A-5-501(4)</xref>, of which the fiduciary is the owner and beneficiary;</subsection><subsection number="75A-5-502(1)(g)">a payment of an estate or inheritance tax or other tax imposed because of the death of a decedent, including penalties, apportioned to the trust; and</subsection><subsection number="75A-5-502(1)(h)">a payment:<subsection number="75A-5-502(1)(h)(i)">related to environmental matters, including:<subsection number="75A-5-502(1)(h)(i)(A)">reclamation;</subsection><subsection number="75A-5-502(1)(h)(i)(B)">assessing environmental conditions;</subsection><subsection number="75A-5-502(1)(h)(i)(C)">remedying and removing environmental contamination;</subsection><subsection number="75A-5-502(1)(h)(i)(D)">monitoring remedial activities and the release of substances;</subsection><subsection number="75A-5-502(1)(h)(i)(E)">preventing future releases of substances;</subsection><subsection number="75A-5-502(1)(h)(i)(F)">collecting amounts from persons liable or potentially liable for the costs of activities described in Subsections (1)(h)(i)(A) through (E);</subsection><subsection number="75A-5-502(1)(h)(i)(G)">penalties imposed under environmental laws or regulations;</subsection><subsection number="75A-5-502(1)(h)(i)(H)">other actions to comply with environmental laws or regulations;</subsection><subsection number="75A-5-502(1)(h)(i)(I)">statutory or common law claims by third parties; and</subsection><subsection number="75A-5-502(1)(h)(i)(J)">defending claims based on environmental matters; and</subsection></subsection><subsection number="75A-5-502(1)(h)(ii)">for a premium for insurance for matters described in Subsection (1)(h)(i).</subsection></subsection></subsection><subsection number="75A-5-502(2)">If a principal asset is encumbered with an obligation that requires income from the asset to be paid directly to a creditor, the fiduciary shall transfer from principal to income an amount equal to the income paid to the creditor in reduction of the principal balance of the obligation.</subsection></section><section number="75A-5-503"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Transfer from income to principal for depreciation.</catchline><subsection number="75A-5-503(1)">As used in this section, "depreciation" means a reduction in value due to wear, tear, decay, corrosion, or gradual obsolescence of a tangible asset having a useful life of more than one year.</subsection><subsection number="75A-5-503(2)">A fiduciary may transfer to principal a reasonable amount of the net cash receipts from a principal asset that is subject to depreciation, but may not transfer any amount for depreciation:<subsection number="75A-5-503(2)(a)">of the part of real property used or available for use by a beneficiary as a residence;</subsection><subsection number="75A-5-503(2)(b)">of tangible personal property held or made available for the personal use or enjoyment of a beneficiary; or</subsection><subsection number="75A-5-503(2)(c)">under this section, to the extent the fiduciary accounts:<subsection number="75A-5-503(2)(c)(i)">under Section <xref depth="3" refnumber="75A-5-410">75A-5-410</xref> for the asset; or</subsection><subsection number="75A-5-503(2)(c)(ii)">under Section <xref depth="3" refnumber="75A-5-403">75A-5-403</xref> for the business or other activity in which the asset is used.</subsection></subsection></subsection><subsection number="75A-5-503(3)">An amount transferred to principal under this section need not be separately held.</subsection></section><section number="75A-5-504"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Reimbursement of income from principal.</catchline><subsection number="75A-5-504(1)">If a fiduciary makes or expects to make an income disbursement described in Subsection (2), the fiduciary may transfer an appropriate amount from principal to income in one or more accounting periods to reimburse income.</subsection><subsection number="75A-5-504(2)">To the extent the fiduciary has not been and does not expect to be reimbursed by a third party, income disbursements to which Subsection (1) applies include:<subsection number="75A-5-504(2)(a)">an amount chargeable to principal but paid from income because principal is illiquid;</subsection><subsection number="75A-5-504(2)(b)">a disbursement made to prepare property for sale, including improvements and commissions; and</subsection><subsection number="75A-5-504(2)(c)">a disbursement described in Subsection <xref depth="4" refnumber="75A-5-502(1)">75A-5-502(1)</xref>.</subsection></subsection><subsection number="75A-5-504(3)">If an asset whose ownership gives rise to an income disbursement becomes subject to a successive interest after an income interest ends, the fiduciary may continue to make transfers under Subsection (1).</subsection></section><section number="75A-5-505"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Reimbursement of principal from income.</catchline><subsection number="75A-5-505(1)">If a fiduciary makes or expects to make a principal disbursement described in Subsection (2), the fiduciary may transfer an appropriate amount from income to principal in one or more accounting periods to reimburse principal or provide a reserve for future principal disbursements.</subsection><subsection number="75A-5-505(2)">To the extent that a fiduciary has not been and does not expect to be reimbursed by a third party, principal disbursements to which Subsection (1) applies include:<subsection number="75A-5-505(2)(a)">an amount chargeable to income but paid from principal because income is not sufficient;</subsection><subsection number="75A-5-505(2)(b)">the cost of an improvement to principal, regardless of whether the improvement is a change to an existing asset or the construction of a new asset, including a special assessment;</subsection><subsection number="75A-5-505(2)(c)">a disbursement made to prepare property for rental, including tenant allowances, leasehold improvements, and commissions;</subsection><subsection number="75A-5-505(2)(d)">a periodic payment on an obligation secured by a principal asset, to the extent that the amount transferred from income to principal for depreciation is less than the periodic payment; and</subsection><subsection number="75A-5-505(2)(e)">a disbursement described in Subsection <xref depth="4" refnumber="75A-5-502(1)">75A-5-502(1)</xref>.</subsection></subsection><subsection number="75A-5-505(3)">If an asset whose ownership gives rise to a principal disbursement becomes subject to a successive interest after an income interest ends, the fiduciary may continue to make transfers under Subsection (1).</subsection></section><section number="75A-5-506"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Income taxes.</catchline><subsection number="75A-5-506(1)">A tax required to be paid by a fiduciary that is based on receipts allocated to income shall be paid from income.</subsection><subsection number="75A-5-506(2)">A tax required to be paid by a fiduciary that is based on receipts allocated to principal shall be paid from principal, even if the tax is called an income tax by the taxing authority.</subsection><subsection number="75A-5-506(3)">Subject to Subsection (4) and Sections <xref depth="3" refnumber="75A-5-504">75A-5-504</xref>, <xref depth="3" refnumber="75A-5-505">75A-5-505</xref>, and <xref depth="3" refnumber="75A-5-507">75A-5-507</xref>, a tax required to be paid by a fiduciary on a share of an entity's taxable income in an accounting period shall be paid from:<subsection number="75A-5-506(3)(a)">income and principal proportionately to the allocation between income and principal of receipts from the entity in the period; and</subsection><subsection number="75A-5-506(3)(b)">principal, to the extent that the tax exceeds the receipts from the entity in the accounting period.</subsection></subsection><subsection number="75A-5-506(4)">After applying Subsections (1) through (3), a fiduciary shall adjust income or principal receipts, to the extent that the taxes the fiduciary pays are reduced because of a deduction for a payment made to a beneficiary.</subsection></section><section number="75A-5-507"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Adjustment between income and principal because of taxes.</catchline><subsection number="75A-5-507(1)">A fiduciary may make an adjustment between income and principal to offset the shifting of economic interests or tax benefits between current income beneficiaries and successor beneficiaries that arises from:<subsection number="75A-5-507(1)(a)">an election or decision the fiduciary makes regarding a tax matter, other than a decision to claim an income tax deduction to which Subsection (2) applies;</subsection><subsection number="75A-5-507(1)(b)">an income tax or other tax imposed on the fiduciary or a beneficiary as a result of a transaction involving the fiduciary or a distribution by the fiduciary; or</subsection><subsection number="75A-5-507(1)(c)">ownership by the fiduciary of an interest in an entity, a part of whose taxable income, regardless of whether the taxable income is distributed, is includable in the taxable income of the fiduciary or a beneficiary.</subsection></subsection><subsection number="75A-5-507(2)"><subsection number="75A-5-507(2)(a)">If the amount of an estate tax marital or charitable deduction is reduced because a fiduciary deducts an amount paid from principal for income tax purposes instead of deducting the amount for estate tax purposes and, as a result, estate taxes paid from principal are increased and income taxes paid by the fiduciary or a beneficiary are decreased, the fiduciary shall charge each beneficiary that benefits from the decrease in income tax to reimburse the principal from which the increase in estate tax is paid.</subsection><subsection number="75A-5-507(2)(b)">The total reimbursement must equal the increase in the estate tax, to the extent that the principal used to pay the increase would have qualified for a marital or charitable deduction but for the payment.</subsection><subsection number="75A-5-507(2)(c)">The share of the reimbursement for each fiduciary or beneficiary whose income taxes are reduced shall be the same as the fiduciary's or beneficiary's share of the total decrease in income tax.</subsection></subsection><subsection number="75A-5-507(3)">A fiduciary that charges a beneficiary under Subsection (2) may offset the charge by obtaining payment from the beneficiary, withholding an amount from future distributions to the beneficiary, or adopting another method or combination of methods.</subsection></section></part><part number="75A-5-6"><catchline>Death of Individual or Termination of Income Interest</catchline><section number="75A-5-601"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Determination and distribution of net income.</catchline><subsection number="75A-5-601(1)">This section applies when:<subsection number="75A-5-601(1)(a)">the death of an individual results in the creation of an estate or trust; or</subsection><subsection number="75A-5-601(1)(b)">an income interest in a trust terminates, regardless of whether the trust continues or is distributed.</subsection></subsection><subsection number="75A-5-601(2)">A fiduciary of an estate or trust with an income interest that terminates shall:<subsection number="75A-5-601(2)(a)">determine, in accordance with Subsection (8) and Part 4, Allocation of Receipts, Part 5, Allocation of Disbursements, and Part 7, Apportionment at Beginning and End of Income Interest, the amount of net income and net principal receipts received from property specifically given to a beneficiary; and</subsection><subsection number="75A-5-601(2)(b)">distribute the net income and net principal receipts to the beneficiary that is to receive the specific property.</subsection></subsection><subsection number="75A-5-601(3)">Subject to Subsection (4), a fiduciary shall determine the income and net income of an estate or income interest in a trust that terminates, other than the amount of net income determined in accordance with Subsection (2), and in accordance with Part 4, Allocation of Receipts, Part 5, Allocation of Disbursements, and Part 7, Apportionment at Beginning and End of Income Interest, and by:<subsection number="75A-5-601(3)(a)">including in net income all income from property used or sold to discharge liabilities;</subsection><subsection number="75A-5-601(3)(b)">paying from income or principal, in the fiduciary's discretion:<subsection number="75A-5-601(3)(b)(i)">fees of attorneys, accountants, and fiduciaries;</subsection><subsection number="75A-5-601(3)(b)(ii)">court costs and other expenses of administration;</subsection><subsection number="75A-5-601(3)(b)(iii)">interest on estate taxes, inheritance taxes, and other taxes imposed because of the decedent's death; and</subsection></subsection><subsection number="75A-5-601(3)(c)">paying from principal other disbursements made or incurred in connection with the settlement of the estate or the winding up of an income interest that terminates, including:<subsection number="75A-5-601(3)(c)(i)">to the extent authorized by the decedent's will, the terms of the trust, or applicable law, debts, funeral expenses, disposition of remains, family allowances, estate and inheritance taxes, and other taxes imposed because of the decedent's death; and</subsection><subsection number="75A-5-601(3)(c)(ii)">related penalties that are apportioned, by the decedent's will, the terms of the trust, or applicable law, to the estate or income interest that terminates.</subsection></subsection></subsection><subsection number="75A-5-601(4)">A fiduciary may pay the expenses from income of property passing to a trust for which the fiduciary claims a federal estate tax marital or charitable deduction only to the extent:<subsection number="75A-5-601(4)(a)">the payment of the expenses from income will not cause the reduction or loss of the deduction; or</subsection><subsection number="75A-5-601(4)(b)">the fiduciary makes an adjustment under Subsection <xref depth="4" refnumber="75A-5-507(2)">75A-5-507(2)</xref>.</subsection></subsection><subsection number="75A-5-601(5)">If a decedent's will, the terms of a trust, or applicable law provides for the payment of interest or the equivalent of interest to a beneficiary that receives a pecuniary amount outright, the fiduciary shall make the payment from net income determined under Subsection (3) or from principal to the extent that net income is insufficient.</subsection><subsection number="75A-5-601(6)">If a beneficiary is to receive a pecuniary amount outright from a trust after an income interest ends because of an income beneficiary's death, and no payment of interest or the equivalent of interest is provided for by the terms of the trust or applicable law, the fiduciary shall pay the interest or the equivalent of interest to which the beneficiary would be entitled under applicable law if the pecuniary amount were required to be paid under a will.</subsection><subsection number="75A-5-601(7)">A fiduciary shall distribute net income remaining after payments required by Subsections (5) and (6) in the manner described in Section <xref depth="3" refnumber="75A-5-602">75A-5-602</xref> to all other beneficiaries, including a beneficiary that receives a pecuniary amount in trust, even if the beneficiary holds an unqualified power to withdraw assets from the trust or other presently exercisable general power of appointment over the trust.</subsection><subsection number="75A-5-601(8)"><subsection number="75A-5-601(8)(a)">A fiduciary may not reduce principal or income receipts from property described in Subsection (2) because of a payment described in Section <xref depth="3" refnumber="75A-5-501">75A-5-501</xref> or <xref depth="3" refnumber="75A-5-502">75A-5-502</xref>, to the extent the decedent's will, the terms of the trust, or applicable law requires the fiduciary to make the payment from assets other than the property or to the extent the fiduciary recovers or expects to recover the payment from a third party.</subsection><subsection number="75A-5-601(8)(b)">The net income and principal receipts from the property shall be determined by including the amount the fiduciary receives or pays regarding the property, whether the amount accrued or became due before, on, or after the date of the decedent's death or an income interest's terminating event, and making a reasonable provision for an amount the estate or income interest may become obligated to pay after the property is distributed.</subsection></subsection></section><section number="75A-5-602"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Distribution to successor beneficiary.</catchline><subsection number="75A-5-602(1)"><subsection number="75A-5-602(1)(a)">Except to the extent Part 3, Unitrust, applies for a beneficiary that is a trust, each beneficiary described in Subsection <xref depth="4" refnumber="75A-5-601(6)">75A-5-601(6)</xref> is entitled to receive a share of the net income equal to the beneficiary's fractional interest in undistributed principal assets, using values of the undistributed principal assets as of the distribution date.</subsection><subsection number="75A-5-602(1)(b)">If a fiduciary makes more than one distribution of assets to beneficiaries to which this section applies, each beneficiary, including a beneficiary that does not receive part of the distribution, is entitled, as of each distribution date, to a share of the net income the fiduciary received after the decedent's death, an income interest's other terminating event, or the preceding distribution by the fiduciary.</subsection></subsection><subsection number="75A-5-602(2)">In determining a beneficiary's share of net income under Subsection (1):<subsection number="75A-5-602(2)(a)">the beneficiary is entitled to receive a share of the net income equal to the beneficiary's fractional interest in the undistributed principal assets immediately before the distribution date;</subsection><subsection number="75A-5-602(2)(b)">the beneficiary's fractional interest under Subsection (2)(a) shall be calculated:<subsection number="75A-5-602(2)(b)(i)">on the aggregate value of the assets as of the distribution date without reducing the value by any unpaid principal obligation; and</subsection><subsection number="75A-5-602(2)(b)(ii)">without regard to:<subsection number="75A-5-602(2)(b)(ii)(A)">property specifically given to a beneficiary under the decedent's will or the terms of the trust; and</subsection><subsection number="75A-5-602(2)(b)(ii)(B)">property required to pay pecuniary amounts not in trust; and</subsection></subsection></subsection><subsection number="75A-5-602(2)(c)">the distribution date under Subsection (2)(a) may be the date on which the fiduciary calculates the value of the assets if that date is reasonably near the date on which the assets are distributed.</subsection></subsection><subsection number="75A-5-602(3)">To the extent that a fiduciary does not distribute under this section all the collected but undistributed net income to each beneficiary on or before a distribution date, the fiduciary shall maintain records showing the interest of each beneficiary in the net income.</subsection><subsection number="75A-5-602(4)">If this section applies to income from an asset, a fiduciary may apply Subsection (2) to net gain or loss realized from the disposition of the asset after the decedent's death, an income interest's terminating event, or the preceding distribution by the fiduciary.</subsection></section></part><part number="75A-5-7"><catchline>Apportionment at Beginning and End of Income Interest</catchline><section number="75A-5-701"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>When right to income begins and ends.</catchline><subsection number="75A-5-701(1)"><subsection number="75A-5-701(1)(a)">An income beneficiary is entitled to net income in accordance with the terms of the trust from the date on which an income interest begins.</subsection><subsection number="75A-5-701(1)(b)">The income interest begins on the date that is specified in the terms of the trust or, if no date is specified, on the date an asset becomes subject to:<subsection number="75A-5-701(1)(b)(i)">the trust for the current income beneficiary; or</subsection><subsection number="75A-5-701(1)(b)(ii)">a successive interest for a successor beneficiary.</subsection></subsection></subsection><subsection number="75A-5-701(2)">An asset becomes subject to a trust under Subsection (1)(b)(i):<subsection number="75A-5-701(2)(a)">for an asset that is transferred to the trust during the settlor's life, on the date the asset is transferred;</subsection><subsection number="75A-5-701(2)(b)">for an asset that becomes subject to the trust because of a decedent's death, on the date of the decedent's death, even if there is an intervening period of administration of the decedent's estate; or</subsection><subsection number="75A-5-701(2)(c)">for an asset that is transferred to a fiduciary by a third party because of a decedent's death, on the date of the decedent's death.</subsection></subsection><subsection number="75A-5-701(3)">An asset becomes subject to a successive interest under Subsection (1)(b)(ii) on the day after the preceding income interest ends, as determined under Subsection (4), even if there is an intervening period of administration to wind up the preceding income interest.</subsection><subsection number="75A-5-701(4)">An income interest ends on the day before an income beneficiary dies or another terminating event occurs or on the last day of a period during which there is no beneficiary to which a fiduciary is permitted or required to distribute income.</subsection></section><section number="75A-5-702"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Apportionment of receipts and disbursements when decedent dies or income interest begins.</catchline><subsection number="75A-5-702(1)">A fiduciary shall allocate an income receipt or disbursement, other than a receipt to which Subsection <xref depth="4" refnumber="75A-5-601(2)">75A-5-601(2)</xref> applies, to principal if the due date of the income receipt or disbursement occurs before the date on which:<subsection number="75A-5-702(1)(a)">for an estate, the decedent died; or</subsection><subsection number="75A-5-702(1)(b)">for a trust or successive interest, an income interest begins.</subsection></subsection><subsection number="75A-5-702(2)">If the due date of a periodic income receipt or disbursement occurs on or after the date on which a decedent died or an income interest begins, a fiduciary shall allocate the receipt or disbursement to income.</subsection><subsection number="75A-5-702(3)">If an income receipt or disbursement is not periodic or has no due date, a fiduciary shall:<subsection number="75A-5-702(3)(a)">treat the receipt or disbursement under this section as accruing from day to day; and</subsection><subsection number="75A-5-702(3)(b)">allocate:<subsection number="75A-5-702(3)(b)(i)">to principal, the portion of the receipt or disbursement accruing before the date on which a decedent died or an income interest begins; and</subsection><subsection number="75A-5-702(3)(b)(ii)">to income, the balance.</subsection></subsection></subsection><subsection number="75A-5-702(4)">A receipt or disbursement is periodic under Subsections (2) and (3) if:<subsection number="75A-5-702(4)(a)">the receipt or disbursement shall be paid at regular intervals under an obligation to make payments; or</subsection><subsection number="75A-5-702(4)(b)">the payor customarily makes payments at regular intervals.</subsection></subsection><subsection number="75A-5-702(5)"><subsection number="75A-5-702(5)(a)">An item of income or obligation is due under this section on the date on which the payor is required to make a payment.</subsection><subsection number="75A-5-702(5)(b)">If a payment date is not stated, there is no due date.</subsection></subsection><subsection number="75A-5-702(6)">Distributions to shareholders or other owners from an entity to which Section <xref depth="3" refnumber="75A-5-401">75A-5-401</xref> applies are due:<subsection number="75A-5-702(6)(a)">on the date fixed by or on behalf of the entity for determining the persons entitled to receive the distribution;</subsection><subsection number="75A-5-702(6)(b)">if no date is fixed, on the date of the decision by or on behalf of the entity to make the distribution; or</subsection><subsection number="75A-5-702(6)(c)">if no date is fixed and the fiduciary does not know the date of the decision by or on behalf of the entity to make the distribution, on the date the fiduciary learns of the decision.</subsection></subsection></section><section number="75A-5-703"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Apportionment when income interest ends.</catchline><subsection number="75A-5-703(1)">As used in this section:<subsection number="75A-5-703(1)(a)">"Undistributed income" means net income received on or before the date on which an income interest ends.</subsection><subsection number="75A-5-703(1)(b)">"Undistributed income" does not include an item of income or expense that is due or accrued or net income that has been added or is required to be added, to principal under the terms of the trust.</subsection></subsection><subsection number="75A-5-703(2)">Except as otherwise provided in Subsection (3), when a mandatory income interest of a beneficiary ends, the fiduciary shall pay the beneficiary's share of the undistributed income that is not disposed of under the terms of the trust to the beneficiary or, if the beneficiary does not survive the date that the interest ends, to the beneficiary's estate.</subsection><subsection number="75A-5-703(3)">If a beneficiary has an unqualified power to withdraw more than 5% of the value of a trust immediately before an income interest ends:<subsection number="75A-5-703(3)(a)">the fiduciary shall allocate to principal the undistributed income from the portion of the trust that may be withdrawn; and</subsection><subsection number="75A-5-703(3)(b)">Subsection (2) applies only to the balance of the undistributed income.</subsection></subsection><subsection number="75A-5-703(4)">When a fiduciary's obligation to pay a fixed annuity or a fixed fraction of the value of assets ends, the fiduciary shall prorate the final payment as required to preserve an income tax, gift tax, estate tax, or other tax benefit.</subsection></section></part><part number="75A-5-8"><catchline>Applicability Provisions</catchline><section number="75A-5-801"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Uniformity of application and construction.</catchline><tab/>In applying and construing this uniform act, consideration must be given to the need to promote uniformity of the law with respect to the uniform act's subject matter among states that enact this uniform law.</section><section number="75A-5-802"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Relation to Electronic Signatures in Global and National Commerce Act.</catchline><tab/>This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act, 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act, 15 U.S.C. Sec. 7003(b).</section><section number="75A-5-803"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Application to trust or estate.</catchline><tab/>This chapter applies to a trust or estate existing or created on or after July 1, 2020, except as otherwise expressly provided in the terms of the trust or this chapter.</section><section number="75A-5-804"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Severability.</catchline><tab/>If any provision of this chapter or the application of this chapter to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this chapter that can be given effect without the invalid provision or application, and to this end the provisions of this chapter are severable.</section></part></chapter><chapter number="75A-6"><catchline>Uniform Fiduciary Access to Digital Assets Act</catchline><section number="75A-6-101"><histories><history>Enacted by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Reserved.</catchline><tab/>Reserved.</section><section number="75A-6-102"><histories><history>Amended by Chapter <modchap sess="2025GS">310</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions for chapter.</catchline><tab/>As used in this chapter:<subsection number="75A-6-102(1)">"Account" means an arrangement under a terms of service agreement in which a custodian carries, maintains, processes, receives, or stores a digital asset of the user or provides goods or services to the user.</subsection><subsection number="75A-6-102(2)">"Agent" means the same as that term is defined in Section <xref depth="3" refnumber="75A-2-102">75A-2-102</xref>.</subsection><subsection number="75A-6-102(3)">"Carries" means engages in the transmission of an electronic communication.</subsection><subsection number="75A-6-102(4)">"Catalogue of electronic communications" means information that identifies each person with which a user has had an electronic communication, the time and date of the communication, and the electronic address of the person.</subsection><subsection number="75A-6-102(5)">"Content of an electronic communication" means information concerning the substance or meaning of the communication that:<subsection number="75A-6-102(5)(a)">has been sent or received by a user;</subsection><subsection number="75A-6-102(5)(b)">is in electronic storage by a custodian providing an electronic communication service to the public or is carried or maintained by a custodian providing a remote computing service to the public; and</subsection><subsection number="75A-6-102(5)(c)">is not readily accessible to the public.</subsection></subsection><subsection number="75A-6-102(6)">"Court" means a court with jurisdiction under Title 78A, Judiciary and Judicial Administration.</subsection><subsection number="75A-6-102(7)">"Custodian" means a person that carries, maintains, processes, receives, or stores a digital asset of a user.</subsection><subsection number="75A-6-102(8)">"Designated recipient" means a person chosen by a user using an online tool to administer digital assets of the user.</subsection><subsection number="75A-6-102(9)"><subsection number="75A-6-102(9)(a)">"Digital asset" means an electronic record in which an individual has a right or interest.</subsection><subsection number="75A-6-102(9)(b)">"Digital asset" does not include an underlying asset or liability unless the asset or liability is itself an electronic record.</subsection></subsection><subsection number="75A-6-102(10)">"Electronic communication" has the same meaning as the definition in 18 U.S.C. Sec. 2510(12).</subsection><subsection number="75A-6-102(11)">"Electronic communication service" means a custodian that provides to a user the ability to send or receive an electronic communication.</subsection><subsection number="75A-6-102(12)">"Fiduciary" means an original, additional, or successor personal representative, conservator, guardian, agent, or trustee.</subsection><subsection number="75A-6-102(13)">"Information" means data, text, images, videos, sounds, codes, computer programs, software, databases, or the like.</subsection><subsection number="75A-6-102(14)">"Online tool" means an electronic service provided by a custodian that allows the user, in an agreement distinct from the terms of service agreement between the custodian and user, to provide directions for disclosure or nondisclosure of digital assets to a third person.</subsection><subsection number="75A-6-102(15)">"Power of attorney" means the same as that term is defined in Section <xref depth="3" refnumber="75A-2-102">75A-2-102</xref>.</subsection><subsection number="75A-6-102(16)">"Principal" means the same as that term is defined in Section <xref depth="3" refnumber="75A-2-102">75A-2-102</xref>.</subsection><subsection number="75A-6-102(17)"><subsection number="75A-6-102(17)(a)">"Protected person" means an individual for whom a conservator or guardian has been appointed.</subsection><subsection number="75A-6-102(17)(b)">"Protected person" includes an individual for whom an application for the appointment of a conservator or guardian is pending.</subsection></subsection><subsection number="75A-6-102(18)">"Remote computing service" means a custodian that provides to a user computer processing services or the storage of digital assets by means of an electronic communications system, as defined in 18 U.S.C. Sec. 2510(14).</subsection><subsection number="75A-6-102(19)">"Successor personal representative" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-6-102(20)">"Terms of service agreement" means an agreement that controls the relationship between a user and a custodian.</subsection><subsection number="75A-6-102(21)"><subsection number="75A-6-102(21)(a)">"Trustee" means a fiduciary with legal title to property pursuant to an agreement or declaration that creates a beneficial interest in another.</subsection><subsection number="75A-6-102(21)(b)">"Trustee" includes a successor trustee.</subsection></subsection><subsection number="75A-6-102(22)">"User" means a person that has an account with a custodian.</subsection></section><section number="75A-6-103"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Applicability.</catchline><subsection number="75A-6-103(1)">This chapter applies to:<subsection number="75A-6-103(1)(a)">a fiduciary or agent acting under a will or power of attorney executed before, on, or after May 9, 2017;</subsection><subsection number="75A-6-103(1)(b)">a personal representative acting for a decedent who died before, on, or after May 9, 2017;</subsection><subsection number="75A-6-103(1)(c)">a conservatorship or guardianship proceeding commenced before, on, or after May 9, 2017; and</subsection><subsection number="75A-6-103(1)(d)">a trustee acting under a trust created before, on, or after May 9, 2017.</subsection></subsection><subsection number="75A-6-103(2)">This chapter applies to a custodian if the user resides in this state or resided in this state at the time of the user's death.</subsection><subsection number="75A-6-103(3)">This chapter does not apply to a digital asset of an employer used by an employee in the ordinary course of the employer's business.</subsection></section><section number="75A-6-104"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>User direction for disclosure of digital assets.</catchline><subsection number="75A-6-104(1)">A user may use an online tool to direct the custodian to disclose or not to disclose to a designated recipient some or all of the user's digital assets, including the content of electronic communications. If the online tool allows the user to modify or delete a direction at all times, a direction regarding disclosure using an online tool overrides a contrary direction by the user in a will, trust, power of attorney, or other record.</subsection><subsection number="75A-6-104(2)">If a user has not used an online tool to give direction under Subsection (1) or if the custodian has not provided an online tool, the user may allow or prohibit in a will, trust, power of attorney, or other record disclosure to a fiduciary of some or all of the user's digital assets, including the content of electronic communications sent or received by the user.</subsection><subsection number="75A-6-104(3)">A user's direction under Subsection (1) or (2) overrides a contrary provision in a terms of service agreement that does not require the user to act affirmatively and distinctly from the user's assent to the terms of service.</subsection></section><section number="75A-6-105"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Terms of service agreement.</catchline><subsection number="75A-6-105(1)">This chapter does not change or impair a right of a custodian or a user under a terms of service agreement to access and use digital assets of the user.</subsection><subsection number="75A-6-105(2)">This chapter does not give a fiduciary or designated recipient any new or expanded rights other than those held by the user for whom, or for whose estate, the fiduciary or designated recipient acts or represents.</subsection><subsection number="75A-6-105(3)">A fiduciary's or designated recipient's access to digital assets may be modified or eliminated by a user, by federal law, or by a terms of service agreement if the user has not provided direction under Section <xref depth="3" refnumber="75A-6-104">75A-6-104</xref>.</subsection></section><section number="75A-6-106"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Procedure for disclosing digital assets.</catchline><subsection number="75A-6-106(1)">When disclosing digital assets of a user under this chapter, the custodian may at the custodian's sole discretion:<subsection number="75A-6-106(1)(a)">grant a fiduciary or designated recipient full access to the user's account;</subsection><subsection number="75A-6-106(1)(b)">grant a fiduciary or designated recipient partial access to the user's account sufficient to perform the tasks with which the fiduciary or designated recipient is charged; or</subsection><subsection number="75A-6-106(1)(c)">provide a fiduciary or designated recipient a copy in a record of any digital asset that, on the date the custodian received the request for disclosure, the user could have accessed if the user were alive and had full capacity and access to the account.</subsection></subsection><subsection number="75A-6-106(2)">A custodian may assess a reasonable administrative charge for the cost of disclosing digital assets under this chapter.</subsection><subsection number="75A-6-106(3)">A custodian need not disclose under this chapter a digital asset deleted by a user.</subsection><subsection number="75A-6-106(4)">If a user directs or a fiduciary requests a custodian to disclose under this chapter some, but not all, of the user's digital assets, the custodian need not disclose the assets if segregation of the assets would impose an undue burden on the custodian. If the custodian believes the direction or request imposes an undue burden, the custodian or fiduciary may seek an order from the court to disclose:<subsection number="75A-6-106(4)(a)">a subset limited by date of the user's digital assets;</subsection><subsection number="75A-6-106(4)(b)">all of the user's digital assets to the fiduciary or designated recipient;</subsection><subsection number="75A-6-106(4)(c)">none of the user's digital assets; or</subsection><subsection number="75A-6-106(4)(d)">all of the user's digital assets to the court for review in camera.</subsection></subsection></section><section number="75A-6-107"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Disclosure of content of electronic communications of deceased user.</catchline><tab/>If a deceased user consented to or a court directs disclosure of the contents of electronic communications of the user, the custodian shall disclose to the personal representative of the estate of the user the content of an electronic communication sent or received by the user if the representative gives the custodian:<subsection number="75A-6-107(1)">a written request for disclosure in physical or electronic form;</subsection><subsection number="75A-6-107(2)">a certified copy of the death certificate of the user;</subsection><subsection number="75A-6-107(3)">a certified copy of the letter of appointment of the representative or a small estate affidavit or court order;</subsection><subsection number="75A-6-107(4)">unless the user provided direction using an online tool, a copy of the user's will, trust, power of attorney, or other record evidencing the user's consent to disclosure of the content of electronic communications; and</subsection><subsection number="75A-6-107(5)">if requested by the custodian:<subsection number="75A-6-107(5)(a)">a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;</subsection><subsection number="75A-6-107(5)(b)">evidence linking the account to the user; or</subsection><subsection number="75A-6-107(5)(c)">a finding by the court that:<subsection number="75A-6-107(5)(c)(i)">the user had a specific account with the custodian, identifiable by the information specified in Subsection (5)(a);</subsection><subsection number="75A-6-107(5)(c)(ii)">disclosure of the content of electronic communications of the user would not violate 18 U.S.C. Sec. 2701 et seq., 47 U.S.C. Sec. 222, or other applicable law;</subsection><subsection number="75A-6-107(5)(c)(iii)">unless the user provided direction using an online tool, the user consented to disclosure of the content of electronic communications; or</subsection><subsection number="75A-6-107(5)(c)(iv)">disclosure of the content of electronic communications of the user is reasonably necessary for administration of the estate.</subsection></subsection></subsection></section><section number="75A-6-108"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Disclosure of other digital assets of deceased user.</catchline><tab/>Unless the user prohibited disclosure of digital assets or the court directs otherwise, a custodian shall disclose to the personal representative of the estate of a deceased user a catalogue of electronic communications sent or received by the user and digital assets, other than the content of electronic communications, of the user, if the representative gives the custodian:<subsection number="75A-6-108(1)">a written request for disclosure in physical or electronic form;</subsection><subsection number="75A-6-108(2)">a certified copy of the death certificate of the user;</subsection><subsection number="75A-6-108(3)">a certified copy of the letter of appointment of the representative, a small estate affidavit, or court order; and</subsection><subsection number="75A-6-108(4)">if requested by the custodian:<subsection number="75A-6-108(4)(a)">a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;</subsection><subsection number="75A-6-108(4)(b)">evidence linking the account to the user;</subsection><subsection number="75A-6-108(4)(c)">an affidavit stating that disclosure of the user's digital assets is reasonably necessary for administration of the estate; or</subsection><subsection number="75A-6-108(4)(d)">a finding by the court that:<subsection number="75A-6-108(4)(d)(i)">the user had a specific account with the custodian, identifiable by the information specified in Subsection (4)(a); or</subsection><subsection number="75A-6-108(4)(d)(ii)">disclosure of the user's digital assets is reasonably necessary for administration of the estate.</subsection></subsection></subsection></section><section number="75A-6-109"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Disclosure of content of electronic communications of principal.</catchline><tab/>To the extent a power of attorney expressly grants an agent authority over the content of electronic communications sent or received by the principal and unless directed otherwise by the principal or the court, a custodian shall disclose to the agent the content if the agent gives the custodian:<subsection number="75A-6-109(1)">a written request for disclosure in physical or electronic form;</subsection><subsection number="75A-6-109(2)">an original or copy of the power of attorney expressly granting the agent authority over the content of electronic communications of the principal;</subsection><subsection number="75A-6-109(3)">a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and</subsection><subsection number="75A-6-109(4)">if requested by the custodian:<subsection number="75A-6-109(4)(a)">a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or</subsection><subsection number="75A-6-109(4)(b)">evidence linking the account to the principal.</subsection></subsection></section><section number="75A-6-110"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Disclosure of other digital assets of principal.</catchline><tab/>Unless otherwise ordered by the court, directed by the principal, or provided by a power of attorney, a custodian shall disclose to an agent with specific authority over digital assets, or general authority to act on behalf of a principal, a catalogue of electronic communications sent or received by the principal and digital assets, other than the content of electronic communications, of the principal if the agent gives the custodian:<subsection number="75A-6-110(1)">a written request for disclosure in physical or electronic form;</subsection><subsection number="75A-6-110(2)">an original or a copy of the power of attorney that gives the agent specific authority over digital assets or general authority to act on behalf of the principal;</subsection><subsection number="75A-6-110(3)">a certification by the agent, under penalty of perjury, that the power of attorney is in effect; and</subsection><subsection number="75A-6-110(4)">if requested by the custodian:<subsection number="75A-6-110(4)(a)">a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the principal's account; or</subsection><subsection number="75A-6-110(4)(b)">evidence linking the account to the principal.</subsection></subsection></section><section number="75A-6-111"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Disclosure of digital assets held in trust when trustee is original user.</catchline><tab/>Unless otherwise ordered by the court or provided in a trust, a custodian shall disclose to a trustee that is an original user of an account any digital asset of the account held in trust, including a catalogue of electronic communications of the trustee and the content of electronic communications.</section><section number="75A-6-112"><histories><history>Amended by Chapter <modchap sess="2025GS">310</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Disclosure of contents of electronic communications held in trust when trustee not original user.</catchline><tab/>Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose to a trustee that is not an original user of an account the content of an electronic communication sent or received by an original or successor user and carried, maintained, processed, received, or stored by the custodian in the account of the trust if the trustee gives the custodian:<subsection number="75A-6-112(1)">a written request for disclosure in physical or electronic form;</subsection><subsection number="75A-6-112(2)">a certified copy of the trust instrument or a certification of the trust under Section <xref depth="3" refnumber="75B-2-1013">75B-2-1013</xref> that includes consent to disclosure of the content of electronic communications to the trustee;</subsection><subsection number="75A-6-112(3)">a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and</subsection><subsection number="75A-6-112(4)">if requested by the custodian:<subsection number="75A-6-112(4)(a)">a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or</subsection><subsection number="75A-6-112(4)(b)">evidence linking the account to the trust.</subsection></subsection></section><section number="75A-6-113"><histories><history>Amended by Chapter <modchap sess="2025GS">310</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Disclosure of other digital assets held in trust when trustee not original user.</catchline><tab/>Unless otherwise ordered by the court, directed by the user, or provided in a trust, a custodian shall disclose, to a trustee that is not an original user of an account, a catalogue of electronic communications sent or received by an original or successor user and stored, carried, or maintained by the custodian in an account of the trust and any digital assets, other than the content of electronic communications, in which the trust has a right or interest if the trustee gives the custodian:<subsection number="75A-6-113(1)">a written request for disclosure in physical or electronic form;</subsection><subsection number="75A-6-113(2)">a certified copy of the trust instrument or a certification of the trust under Section <xref depth="3" refnumber="75B-2-1013">75B-2-1013</xref>;</subsection><subsection number="75A-6-113(3)">a certification by the trustee, under penalty of perjury, that the trust exists and the trustee is a currently acting trustee of the trust; and</subsection><subsection number="75A-6-113(4)">if requested by the custodian:<subsection number="75A-6-113(4)(a)">a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the trust's account; or</subsection><subsection number="75A-6-113(4)(b)">evidence linking the account to the trust.</subsection></subsection></section><section number="75A-6-114"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Disclosure of digital assets to conservator or guardian of protected person.</catchline><subsection number="75A-6-114(1)">After an opportunity for a hearing under Chapter 5, Protection of Persons Under Disability and Their Property, the court may grant a conservator or guardian access to the digital assets of a protected person.</subsection><subsection number="75A-6-114(2)">Unless otherwise ordered by the court or directed by the user, a custodian shall disclose to a conservator or guardian the catalogue of electronic communications sent or received by a protected person and any digital assets, other than the content of electronic communications, in which the protected person has a right or interest if the conservator or guardian gives the custodian:<subsection number="75A-6-114(2)(a)">a written request for disclosure in physical or electronic form;</subsection><subsection number="75A-6-114(2)(b)">a certified copy of the court order that gives the conservator or guardian authority over the digital assets of the protected person; and</subsection><subsection number="75A-6-114(2)(c)">if requested by the custodian:<subsection number="75A-6-114(2)(c)(i)">a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the account of the protected person; or</subsection><subsection number="75A-6-114(2)(c)(ii)">evidence linking the account to the protected person.</subsection></subsection></subsection><subsection number="75A-6-114(3)">A conservator or guardian with general authority to manage the assets of a protected person may request a custodian of the digital assets of the protected person to suspend or terminate an account of the protected person for good cause. A request made under this section must be accompanied by a certified copy of the court order giving the conservator or guardian authority over the protected person's property.</subsection></section><section number="75A-6-115"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Fiduciary duty and authority.</catchline><subsection number="75A-6-115(1)">The legal duties imposed on a fiduciary charged with managing tangible property apply to the management of digital assets, including:<subsection number="75A-6-115(1)(a)">the duty of care;</subsection><subsection number="75A-6-115(1)(b)">the duty of loyalty; and</subsection><subsection number="75A-6-115(1)(c)">the duty of confidentiality.</subsection></subsection><subsection number="75A-6-115(2)">A fiduciary's or designated recipient's authority with respect to a digital asset of a user:<subsection number="75A-6-115(2)(a)">except as otherwise provided in Section <xref depth="3" refnumber="75A-6-104">75A-6-104</xref>, is subject to the applicable terms of service;</subsection><subsection number="75A-6-115(2)(b)">is subject to other applicable law, including copyright law;</subsection><subsection number="75A-6-115(2)(c)">in the case of a fiduciary, is limited by the scope of the fiduciary's duties; and</subsection><subsection number="75A-6-115(2)(d)">may not be used to impersonate the user.</subsection></subsection><subsection number="75A-6-115(3)">A fiduciary with authority over the property of a decedent, protected person, principal, or settlor has the right to access any digital asset in which the decedent, protected person, principal, or settlor had a right or interest and that is not held by a custodian or subject to a terms of service agreement.</subsection><subsection number="75A-6-115(4)">A fiduciary acting within the scope of the fiduciary's duties is an authorized user of the property of the decedent, protected person, principal, or settlor for the purpose of applicable computer fraud and unauthorized computer access laws.</subsection><subsection number="75A-6-115(5)">A fiduciary with authority over the tangible, personal property of a decedent, protected person, principal, or settlor:<subsection number="75A-6-115(5)(a)">has the right to access the property and any digital asset stored in it; and</subsection><subsection number="75A-6-115(5)(b)">is an authorized user for the purpose of computer fraud and unauthorized computer access laws.</subsection></subsection><subsection number="75A-6-115(6)">A custodian may disclose information in an account to a fiduciary of the user when the information is required to terminate an account used to access digital assets licensed to the user.</subsection><subsection number="75A-6-115(7)">A fiduciary of a user may request a custodian to terminate the user's account. A request for termination shall be in writing, in either physical or electronic form, and accompanied by:<subsection number="75A-6-115(7)(a)">if the user is deceased, a certified copy of the death certificate of the user;</subsection><subsection number="75A-6-115(7)(b)">a certified copy of the letter of appointment of the representative, a small estate affidavit, or court order, power of attorney, or trust giving the fiduciary authority over the account; and</subsection><subsection number="75A-6-115(7)(c)">if requested by the custodian:<subsection number="75A-6-115(7)(c)(i)">a number, username, address, or other unique subscriber or account identifier assigned by the custodian to identify the user's account;</subsection><subsection number="75A-6-115(7)(c)(ii)">evidence linking the account to the user; or</subsection><subsection number="75A-6-115(7)(c)(iii)">a finding by the court that the user had a specific account with the custodian, identifiable by the information specified in Subsection (7)(c)(i).</subsection></subsection></subsection></section><section number="75A-6-116"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Custodian compliance and immunity.</catchline><subsection number="75A-6-116(1)">Not later than 60 days after receipt of the information required under Sections <xref depth="3" refnumber="75A-6-107">75A-6-107</xref> through <xref depth="3" refnumber="75A-6-115">75A-6-115</xref>, a custodian shall comply with a request under this chapter from a fiduciary or designated recipient to disclose digital assets or terminate an account. If the custodian fails to comply, the fiduciary or designated recipient may apply to the court for an order directing compliance.</subsection><subsection number="75A-6-116(2)">An order under Subsection (1) directing compliance shall contain a finding that compliance is not in violation of 18 U.S.C. Sec. 2702.</subsection><subsection number="75A-6-116(3)">A custodian may notify the user that a request for disclosure or to terminate an account was made under this chapter.</subsection><subsection number="75A-6-116(4)">A custodian may deny a request under this chapter from a fiduciary or designated recipient for disclosure of digital assets or to terminate an account if the custodian is aware of any lawful access to the account following the receipt of the fiduciary's request.</subsection><subsection number="75A-6-116(5)">This chapter does not limit a custodian's ability to obtain or require a fiduciary or designated recipient requesting disclosure or termination under this chapter to obtain a court order that:<subsection number="75A-6-116(5)(a)">specifies that an account belongs to the protected person or principal;</subsection><subsection number="75A-6-116(5)(b)">specifies that there is sufficient consent from the protected person or principal to support the requested disclosure; and</subsection><subsection number="75A-6-116(5)(c)">contains a finding required by law other than this chapter.</subsection></subsection><subsection number="75A-6-116(6)">A custodian and its officers, employees, and agents are immune from liability for an act or omission done in good faith in compliance with this chapter.</subsection></section><section number="75A-6-117"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Uniformity of application and construction.</catchline><tab/>In applying and construing this uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact this uniform law.</section><section number="75A-6-118"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Relation to Electronic Signatures in Global and National Commerce Act.</catchline><tab/>This chapter modifies, limits, or supersedes the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. Sec. 7001 et seq., but does not modify, limit, or supersede Section 101(c) of that act or 15 U.S.C. Sec. 7001(c), or authorize electronic delivery of any of the notices described in Section 103(b) of that act or 15 U.S.C. Sec. 7003(b).</section></chapter><chapter number="75A-7"><catchline>Uniform Act for Simplification of Fiduciary Security Transfers</catchline><section number="75A-7-101"><histories><history>Enacted by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Reserved.</catchline><tab/>Reserved.</section><section number="75A-7-102"><histories><history>Amended by Chapter <modchap sess="2025GS">310</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions for chapter.</catchline><tab/>As used in this chapter:<subsection number="75A-7-102(1)">"Assignment" includes any written stock power, bond power, bill of sale, deed, declaration of trust or other instrument of transfer.</subsection><subsection number="75A-7-102(2)">"Claim of beneficial interest" includes:<subsection number="75A-7-102(2)(a)">a claim of any interest by a decedent's legatee, distributee, heir or creditor, a beneficiary under a trust, a ward, a beneficial owner of a security registered in the name of a nominee, or a minor owner of a security registered in the name of a custodian, or a claim of any similar interest, whether the claim is asserted by the claimant or by a fiduciary or by any other authorized person in his behalf; and</subsection><subsection number="75A-7-102(2)(b)">a claim that the transfer would be in breach of fiduciary duties.</subsection></subsection><subsection number="75A-7-102(3)">"Corporation" means a private or public corporation, association or trust issuing a security.</subsection><subsection number="75A-7-102(4)">"Fiduciary" means an executor, administrator, trustee, guardian, committee, conservator, curator, tutor, custodian or nominee.</subsection><subsection number="75A-7-102(5)">"Security" includes any share of stock, bond, debenture, note or other security issued by a corporation which is registered as to ownership on the books of the corporation.</subsection><subsection number="75A-7-102(6)">"Transfer" means a change on the books of a corporation in the registered ownership of a security.</subsection><subsection number="75A-7-102(7)">"Transfer agent" means a person employed or authorized by a corporation to transfer securities issued by the corporation.</subsection></section><section number="75A-7-103"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Registration of security in the name of a fiduciary.</catchline><tab/>A corporation or transfer agent registering a security in the name of a person who is a fiduciary or who is described as a fiduciary is not bound to inquire into the existence, extent, or correct description of the fiduciary relationship, and thereafter the corporation and its transfer agent may assume without inquiry that the newly registered owner continues to be the fiduciary until the corporation or transfer agent receives written notice that the fiduciary is no longer acting as such with respect to the particular security.</section><section number="75A-7-104"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Assignment of security by a fiduciary.</catchline><tab/>Except as otherwise provided in this chapter, a corporation or transfer agent making a transfer of a security pursuant to an assignment by a fiduciary:<subsection number="75A-7-104(1)">may assume without inquiry that the assignment, even though to the fiduciary himself or to his nominee, is within his authority and capacity and is not in breach of his fiduciary duties;</subsection><subsection number="75A-7-104(2)">may assume without inquiry that the fiduciary has complied with any controlling instrument and with the law of the jurisdiction governing the fiduciary relationship, including any law requiring the fiduciary to obtain court approval of the transfer; and</subsection><subsection number="75A-7-104(3)">is not charged with notice of and is not bound to obtain or examine any court record or any recorded or unrecorded document relating to the fiduciary relationship or the assignment, even though the record or document is in its possession.</subsection></section><section number="75A-7-105"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Assignment of security by a fiduciary -- Evidence of appointment or incumbency.</catchline><subsection number="75A-7-105(1)">A corporation or transfer agent making a transfer pursuant to an assignment by a fiduciary who is not the registered owner shall obtain the following evidence of appointment or incumbency:<subsection number="75A-7-105(1)(a)">in the case of a fiduciary appointed or qualified by a court, a certificate issued by or under the direction or supervision of that court or an officer thereof and dated within 60 days before the transfer; or</subsection><subsection number="75A-7-105(1)(b)">in any other case, a copy of a document showing the appointment or a certificate issued by or on behalf of a person reasonably believed by the corporation or transfer agent to be responsible or, in the absence of such a document or certificate, other evidence reasonably deemed by the corporation or transfer agent to be appropriate. </subsection></subsection><subsection number="75A-7-105(2)">Corporations and transfer agents may adopt standards with respect to evidence of appointment or incumbency under this subsection provided such standards are not manifestly unreasonable. </subsection><subsection number="75A-7-105(3)"> Neither the corporation nor transfer agent is charged with notice of the contents of any document obtained pursuant to this subsection except to the extent that the contents relate directly to the appointment or incumbency.</subsection></section><section number="75A-7-106"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Adverse claims to transfer of security by a fiduciary -- Notice.</catchline><subsection number="75A-7-106(1)"><subsection number="75A-7-106(1)(a)">A person asserting a claim of beneficial interest adverse to the transfer of a security pursuant to an assignment by a fiduciary may give the corporation or transfer agent written notice of the claim. </subsection><subsection number="75A-7-106(1)(b)"> The corporation or transfer agent is not put on notice unless the written notice identifies the claimant, the registered owner and the issue of which the security is a part, provides an address for communications directed to the claimant and is received before the transfer.</subsection><subsection number="75A-7-106(1)(c)">Nothing in this chapter relieves the corporation or transfer agent of any liability for making or refusing to make the transfer after it is so put on notice, unless it proceeds in the manner authorized in Subsection (2).</subsection></subsection><subsection number="75A-7-106(2)"><subsection number="75A-7-106(2)(a)">As soon as practicable after the presentation of a security for transfer pursuant to an assignment by a fiduciary, a corporation or transfer agent which has received notice of a claim of beneficial interest adverse to the transfer may send notice of the presentation by registered or certified mail to the claimant at the address given by him.</subsection><subsection number="75A-7-106(2)(b)">If the corporation or transfer agent so mails such a notice it shall withhold the transfer for 30 days after the mailing and shall then make the transfer unless restrained by a court order.</subsection></subsection></section><section number="75A-7-107"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Nonliability of corporation or transfer agent.</catchline><tab/>A corporation or transfer agent incurs no liability to any person by making a transfer or otherwise acting in a manner authorized by this chapter.</section><section number="75A-7-108"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Nonliability of third persons.</catchline><subsection number="75A-7-108(1)">A person who participates in the acquisition, disposition, assignment or transfer of a security by or to a fiduciary, including a person who guarantees the signature of the fiduciary, is not liable for participation in any breach of fiduciary duty by reason of failure to inquire whether the transaction involves such a breach unless it is shown that the person acted with actual knowledge that the proceeds of the transaction were being or were to be used wrongfully for the individual benefit of the fiduciary or that the transaction was otherwise in breach of duty.</subsection><subsection number="75A-7-108(2)">If a corporation or transfer agent makes a transfer pursuant to an assignment by a fiduciary, a person who guaranteed the signature of the fiduciary is not liable on the guarantee to any person to whom the corporation or transfer agent by reason of this chapter incurs no liability.</subsection><subsection number="75A-7-108(3)">This section does not impose any liability upon the corporation or the corporation's transfer agent.</subsection></section><section number="75A-7-109"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Territorial application of law to rights and duties of corporation or third persons.</catchline><subsection number="75A-7-109(1)">The rights and duties of a corporation and the corporation's transfer agents in registering a security in the name of a fiduciary or in making a transfer of a security pursuant to an assignment by a fiduciary are governed by the law of the jurisdiction under whose laws the corporation is organized.</subsection><subsection number="75A-7-109(2)">This chapter applies to the rights and duties of a person other than the corporation and its transfer agents with regard to acts and omissions in this state in connection with the acquisition, disposition, assignment, or transfer of a security by or to a fiduciary and of a person who guarantees in this state the signature of a fiduciary in connection with such a transaction.</subsection></section><section number="75A-7-110"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Tax obligations not affected .</catchline><tab/>This chapter does not affect any obligation of a corporation or transfer agent with respect to estate, inheritance, succession or other taxes imposed by the laws of this state.</section><section number="75A-7-111"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Construction.</catchline><tab/>This uniform act shall be so construed as to effectuate the act's general purpose to make uniform the law of those states which enact this uniform act.</section></chapter><chapter number="75A-8"><catchline>Uniform Transfers to Minors Act</catchline><section number="75A-8-101"><histories><history>Enacted by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Reserved.</catchline><tab/>Reserved.</section><section number="75A-8-102"><histories><history>Amended by Chapter <modchap sess="2025GS">310</modchap>, 2025 General Session</history><modyear>2025</modyear><history>Amended by Chapter <modchap sess="2025GS">338</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions for chapter.</catchline><tab/>As used in this chapter:<subsection number="75A-8-102(1)">"Adult" means an individual who is 21 years old or older.</subsection><subsection number="75A-8-102(2)">"Beneficiary" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-8-102(3)">"Benefit plan" means an employer's plan for the benefit of an employee or partner.</subsection><subsection number="75A-8-102(4)">"Broker" means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the accounts of others.</subsection><subsection number="75A-8-102(5)">"Court" means a court with jurisdiction under <xref depth="0" refnumber="78A">Title 78A, Judiciary and Judicial Administration</xref>.</subsection><subsection number="75A-8-102(6)">"Custodial property" means:<subsection number="75A-8-102(6)(a)">any interest in property transferred to a custodian under this chapter; and</subsection><subsection number="75A-8-102(6)(b)">the income from and proceeds of that interest in property.</subsection></subsection><subsection number="75A-8-102(7)">"Custodian" means a person so designated under Section <xref depth="3" refnumber="75A-8-110">75A-8-110</xref> or a successor or substitute custodian designated under Section <xref depth="3" refnumber="75A-8-119">75A-8-119</xref>.</subsection><subsection number="75A-8-102(8)">"Fiduciary" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-8-102(9)">"Financial institution" means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law.</subsection><subsection number="75A-8-102(10)">"Incapacitated" means the inability of the individual to manage the property or business affairs of the minor because the individual:<subsection number="75A-8-102(10)(a)">lacks the ability to receive or evaluate information, make decisions, or communicate decisions even with the use of technological assistance;</subsection><subsection number="75A-8-102(10)(b)">is missing;</subsection><subsection number="75A-8-102(10)(c)">is detained or incarcerated; or</subsection><subsection number="75A-8-102(10)(d)">is outside the United States and is unable to return.</subsection></subsection><subsection number="75A-8-102(11)">"Incapacity" means the state of being incapacitated.</subsection><subsection number="75A-8-102(12)">"Interested person" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-8-102(13)">"Legal representative" means an individual's personal representative or conservator.</subsection><subsection number="75A-8-102(14)">"Member of the minor's family" means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption.</subsection><subsection number="75A-8-102(15)">"Minor" means an individual who is under 21 years old.</subsection><subsection number="75A-8-102(16)">"Parent" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-8-102(17)">"Payor" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-8-102(18)">"Petition" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-8-102(19)">"Security" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-8-102(20)">"Testator" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection><subsection number="75A-8-102(21)">"Transfer" means a transaction that creates custodial property under Section <xref depth="3" refnumber="75A-8-110">75A-8-110</xref>.</subsection><subsection number="75A-8-102(22)">"Transferor" means a person who makes a transfer under this chapter.</subsection><subsection number="75A-8-102(23)">"Trust company" means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.</subsection><subsection number="75A-8-102(24)">"Trustee" means the same as that term is defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>.</subsection></section><section number="75A-8-103"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Scope and jurisdiction.</catchline><subsection number="75A-8-103(1)"><subsection number="75A-8-103(1)(a)">This chapter applies to a transfer that refers to this chapter in the designation under Subsection <xref depth="4" refnumber="75A-8-110(1)">75A-8-110(1)</xref> by which the transfer is made if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this state, or the custodial property is located in this state.</subsection><subsection number="75A-8-103(1)(b)">The custodianship created remains subject to this chapter despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this state.</subsection></subsection><subsection number="75A-8-103(2)">A person designated as custodian under this chapter is subject to personal jurisdiction in this state regarding any matter relating to the custodianship.</subsection><subsection number="75A-8-103(3)">A transfer that purports to be made and is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or a substantially similar act of another state is governed by the laws of the designated state and may be executed and is enforceable in this state if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state, or the custodial property is located in the designated state.</subsection></section><section number="75A-8-104"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Nomination of custodian.</catchline><subsection number="75A-8-104(1)"><subsection number="75A-8-104(1)(a)">A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words: "as custodian for ............... (name of minor) under the Uniform Transfers to Minors Act."</subsection><subsection number="75A-8-104(1)(b)">The nomination may name one or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve.</subsection><subsection number="75A-8-104(1)(c)">The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.</subsection></subsection><subsection number="75A-8-104(2)">A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under Subsection <xref depth="4" refnumber="75A-8-110(1)">75A-8-110(1)</xref>.</subsection><subsection number="75A-8-104(3)"><subsection number="75A-8-104(3)(a)">The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed under Section <xref depth="3" refnumber="75A-8-110">75A-8-110</xref>. </subsection><subsection number="75A-8-104(3)(b)"> Unless the nomination of a custodian has been revoked, upon the occurrence of the future event the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property under Section <xref depth="3" refnumber="75A-8-110">75A-8-110</xref>.</subsection></subsection></section><section number="75A-8-105"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Transfer by gift or exercise of power of appointment.</catchline><tab/>A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor under Section <xref depth="3" refnumber="75A-8-110">75A-8-110</xref>. </section><section number="75A-8-106"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Transfer authorized by will or trust.</catchline><subsection number="75A-8-106(1)">A personal representative or trustee may make an irrevocable transfer under Section <xref depth="3" refnumber="75A-8-110">75A-8-110</xref> to a custodian for the benefit of a minor as authorized in the governing will or trust.</subsection><subsection number="75A-8-106(2)">If the testator or settlor has nominated a custodian under Section <xref depth="3" refnumber="75A-8-104">75A-8-104</xref> to receive the custodial property, the transfer must be made to that person.</subsection><subsection number="75A-8-106(3)">If the testator or settlor has not nominated a custodian under Section <xref depth="3" refnumber="75A-8-104">75A-8-104</xref>, or all persons nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under Subsection <xref depth="4" refnumber="75A-8-110(1)">75A-8-110(1)</xref>.</subsection></section><section number="75A-8-107"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Other transfer by fiduciary.</catchline><subsection number="75A-8-107(1)">Subject to Subsection (3), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor under Section <xref depth="3" refnumber="75A-8-110">75A-8-110</xref>, in the absence of a will or under a will or trust that does not contain an authorization to do so.</subsection><subsection number="75A-8-107(2)">Subject to Subsection (3), a conservator may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to Section <xref depth="3" refnumber="75A-8-110">75A-8-110</xref>.</subsection><subsection number="75A-8-107(3)">A transfer under Subsection <xref depth="4" refnumber="75A-8-110(1)">75A-8-110(1)</xref> or (2) may be made only if:<subsection number="75A-8-107(3)(a)">the personal representative, trustee, or conservator considers the transfer to be in the best interest of the minor;</subsection><subsection number="75A-8-107(3)(b)">the transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument, as defined in Section <xref depth="3" refnumber="75-1-201">75-1-201</xref>; and</subsection><subsection number="75A-8-107(3)(c)">the transfer is authorized by the court, if it exceeds $10,000 in value.</subsection></subsection></section><section number="75A-8-108"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Transfer by obligor.</catchline><subsection number="75A-8-108(1)">Subject to Subsections (2) and (3), a person not subject to Section <xref depth="3" refnumber="75A-8-106">75A-8-106</xref> or <xref depth="3" refnumber="75A-8-107">75A-8-107</xref> who holds property of or owes a liquidated debt to a minor not having a conservator, may make an irrevocable transfer to a custodian for the benefit of the minor under Section <xref depth="3" refnumber="75A-8-110">75A-8-110</xref>.</subsection><subsection number="75A-8-108(2)">If a person having the right under Section <xref depth="3" refnumber="75A-8-104">75A-8-104</xref> has nominated a custodian under that section to receive the custodial property, the transfer must be made to that person.</subsection><subsection number="75A-8-108(3)">If no custodian has been nominated under Section <xref depth="3" refnumber="75A-8-104">75A-8-104</xref>, or all persons nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds $10,000 in value.</subsection></section><section number="75A-8-109"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Receipt for custodial property.</catchline><tab/>A written acknowledgment of delivery by a custodian is sufficient receipt and discharge for custodial property transferred to the custodian under this chapter.</section><section number="75A-8-110"><histories><history>Amended by Chapter <modchap sess="2025S1">9</modchap>, 2025 Special Session 1</history><modyear>2025</modyear></histories><catchline>Manner of creating custodial property and effecting transfer -- Designation of initial custodian -- Control.</catchline><subsection number="75A-8-110(1)">Custodial property is created and a transfer is made when:<subsection number="75A-8-110(1)(a)">an uncertificated security or a certificated security in registered form is either:<subsection number="75A-8-110(1)(a)(i)">registered in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ............... (name of minor) under the Uniform Transfers to Minors Act"; or</subsection><subsection number="75A-8-110(1)(a)(ii)">delivered if in certificated form, or any document necessary for the transfer of an uncertificated security is delivered, together with any necessary endorsement, to an adult other than the transferor or to a trust company as custodian, accompanied by an instrument in substantially the form in Subsection <xref depth="4" refnumber="75A-8-110(2)">(2)</xref>;</subsection></subsection><subsection number="75A-8-110(1)(b)">money is paid or delivered, or a security held in the name of a broker, financial institution, or its nominee is transferred to a broker, or financial institution for credit to an account in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ............... (name of minor) under the Uniform Transfers to Minors Act";</subsection><subsection number="75A-8-110(1)(c)">the ownership of a life or endowment insurance policy or annuity contract is either:<subsection number="75A-8-110(1)(c)(i)">registered with the issuer in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ............... (name of minor) under the Uniform Transfers to Minors Act"; or</subsection><subsection number="75A-8-110(1)(c)(ii)">assigned in a writing delivered to an adult other than the transferor or to a trust company whose name in the assignment is followed in substance by the words: "as custodian for ............... (name of minor) under the Uniform Transfers to Minors Act";</subsection></subsection><subsection number="75A-8-110(1)(d)">an irrevocable exercise of a power of appointment or an irrevocable present right to future payment under a contract is the subject of a written notification delivered to the payor, issuer, or other obligor that the right is transferred to the transferor, an adult other than the transferor, or a trust company, whose name in the notification is followed in substance by the words: "as custodian for ............... (name of minor) under the Uniform Transfers to Minors Act";</subsection><subsection number="75A-8-110(1)(e)">an interest in real property is recorded in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ............... (name of minor) under the Uniform Transfers to Minors Act";</subsection><subsection number="75A-8-110(1)(f)">a certificate of title issued by a department or agency of a state or of the United States which evidences title to tangible personal property is either:<subsection number="75A-8-110(1)(f)(i)">issued in the name of the transferor, an adult other than the transferor, or a trust company, followed in substance by the words: "as custodian for ............... (name of minor) under the Uniform Transfers to Minors Act"; or</subsection><subsection number="75A-8-110(1)(f)(ii)">delivered to an adult other than the transferor or to a trust company, endorsed to that person followed in substance by the words: "as custodian for ............... (name of minor) under the Uniform Transfers to Minors Act";</subsection></subsection><subsection number="75A-8-110(1)(g)">an interest in any property not described in Subsections <xref depth="4" refnumber="75A-8-110(1)(a)">(1)(a)</xref> through <xref depth="4" refnumber="75A-8-110(f)">(f)</xref> is transferred to an adult other than the transferor or to a trust company by a written instrument in substantially the form set forth in Subsection <xref depth="4" refnumber="75A-8-110(2)">(2)</xref>; or</subsection><subsection number="75A-8-110(1)(h)">contributions are made into a custodial account at the Utah Educational Savings Plan in accordance with Title <xref depth="1" refnumber="53H-10">53H, Chapter 10</xref>, Utah Educational Savings.</subsection></subsection><subsection number="75A-8-110(2)">An instrument in the following form satisfies the requirements of Subsections <xref depth="4" refnumber="75A-8-110(1)(a)(ii)">(1)(a)(ii)</xref> and <xref depth="4" refnumber="75A-8-110(1)(g)">(1)(g)</xref>: "Transfer Under the Uniform Transfers to Minors Act<eol/><tab/>I, ............... (name of transferor or name and representative capacity if a fiduciary) hereby transfer to ............... (name of custodian), as custodian for ............... (name of minor) under the Uniform Transfers to Minors Act, the following: (insert a description of the custodial property sufficient to identify it).<eol/><tab/>Dated: ............................................................<eol/><tab/><right>........................................................................</right><eol/><tab/><right>(Signature)</right><eol/> .................... (name of custodian) acknowledges receipt of the property described above as custodian for the minor named above under the Uniform Transfers to Minors Act.<eol/> Dated: ..........................<eol/><tab/><right>........................................................................</right><eol/><tab/><right>(Signature of Custodian)"</right></subsection><subsection number="75A-8-110(3)"> A transferor shall place the custodian in control of the custodial property as soon as practicable.</subsection></section><section number="75A-8-111"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Single custodianship.</catchline><subsection number="75A-8-111(1)">A transfer may be made only for one minor, and only one person may be the custodian. </subsection><subsection number="75A-8-111(2)"> All custodial property held under this chapter by the same custodian for the benefit of the same minor constitutes a single custodianship.</subsection></section><section number="75A-8-112"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Validity and effect of transfer.</catchline><subsection number="75A-8-112(1)">The validity of a transfer made in a manner prescribed in this chapter is not affected by:<subsection number="75A-8-112(1)(a)">failure of the transferor to comply with Subsection <xref depth="4" refnumber="75A-8-110(3)">75A-8-110(3)</xref> concerning possession and control;</subsection><subsection number="75A-8-112(1)(b)">designation of an ineligible custodian, except designation of the transferor in the case of property for which the transferor is ineligible to serve as custodian under Subsection <xref depth="4" refnumber="75A-8-110(1)">75A-8-110(1)</xref>; or</subsection><subsection number="75A-8-112(1)(c)">death or incapacity of a person nominated under Section <xref depth="3" refnumber="75A-8-104">75A-8-104</xref> or designated under Section <xref depth="3" refnumber="75A-8-110">75A-8-110</xref> as custodian or the disclaimer of the office by that person.</subsection></subsection><subsection number="75A-8-112(2)"><subsection number="75A-8-112(2)(a)">A transfer made under Section <xref depth="3" refnumber="75A-8-110">75A-8-110</xref> is irrevocable, and the custodial property is indefeasibly vested in the minor, but the custodian has all the rights, powers, duties, and authority provided in this chapter. </subsection><subsection number="75A-8-112(2)(b)">A minor, or a minor's representative, does not have any right, power, duty, or authority regarding the custodial property except as provided in this chapter.</subsection></subsection><subsection number="75A-8-112(3)">By making a transfer, the transferor incorporates in the disposition all the provisions of this chapter and grants to the custodian, and to any third person dealing with a person designated as custodian, the respective powers, rights, and immunities provided in this chapter.</subsection></section><section number="75A-8-113"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Care of custodial property.</catchline><subsection number="75A-8-113(1)">A custodian shall:<subsection number="75A-8-113(1)(a)">take control of custodial property;</subsection><subsection number="75A-8-113(1)(b)">register or record title to custodial property if appropriate; and</subsection><subsection number="75A-8-113(1)(c)">collect, hold, manage, invest, and reinvest custodial property.</subsection></subsection><subsection number="75A-8-113(2)"><subsection number="75A-8-113(2)(a)">In dealing with custodial property, a custodian shall observe the standard of care that would be observed by a prudent person dealing with property of another and is not limited by any other statute restricting investments by fiduciaries. </subsection><subsection number="75A-8-113(2)(b)"> If a custodian has a special skill or expertise or is named custodian on the basis of representations of a special skill or expertise, the custodian shall use the skill or expertise.</subsection><subsection number="75A-8-113(2)(c)">However, a custodian may, in the custodian's discretion and without liability to the minor or the minor's estate, retain any custodial property received from a transferor.</subsection></subsection><subsection number="75A-8-113(3)">A custodian may invest in or pay premiums on life insurance or endowment policies on:<subsection number="75A-8-113(3)(a)">the life of the minor only if the minor or the minor's estate is the sole beneficiary; or</subsection><subsection number="75A-8-113(3)(b)">the life of another person in whom the minor has an insurable interest only to the extent the minor, the minor's estate, or the custodian in the capacity of custodian, is the irrevocable beneficiary.</subsection></subsection><subsection number="75A-8-113(4)"><subsection number="75A-8-113(4)(a)">A custodian shall at all times keep custodial property separate and distinct from all other property in a manner sufficient to identify it clearly as custodial property of the minor.</subsection><subsection number="75A-8-113(4)(b)"><subsection number="75A-8-113(4)(b)(i)">Custodial property consisting of an undivided interest is so identified if the minor's interest is held as a tenant in common and is fixed.</subsection><subsection number="75A-8-113(4)(b)(ii)">Custodial property subject to recordation is so identified if it is recorded, and custodial property subject to registration is so identified if it is either registered, or held in an account designated, in the name of the custodian, followed in substance by the words: "as a custodian for ............... (name of minor) under the Uniform Transfers to Minors Act."</subsection></subsection></subsection><subsection number="75A-8-113(5)">A custodian shall keep records of all transactions with respect to custodial property, including information necessary for the preparation of the minor's tax returns, and shall make them available for inspection at reasonable intervals by a parent or legal representative of the minor or by the minor if the minor is 14 years old or older.</subsection></section><section number="75A-8-114"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Powers of custodian.</catchline><subsection number="75A-8-114(1)">A custodian, acting in a custodial capacity, has all the rights, powers, and authority over custodial property that unmarried adult owners have over their own property, but a custodian may exercise those rights, powers, and authority in that capacity only.</subsection><subsection number="75A-8-114(2)">This section does not relieve a custodian from liability for breach of Section <xref depth="3" refnumber="75A-8-113">75A-8-113</xref>.</subsection></section><section number="75A-8-115"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Use of custodial property.</catchline><subsection number="75A-8-115(1)">A custodian may deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the custodian considers advisable for the use and benefit of the minor, without court order and without regard to:<subsection number="75A-8-115(1)(a)">the duty or ability of the custodian personally or of any other person to support the minor; or</subsection><subsection number="75A-8-115(1)(b)">any other income or property of the minor which may be applicable or available for that purpose.</subsection></subsection><subsection number="75A-8-115(2)">On petition of an interested person, or the minor if the minor is 14 years old or older, the court may order the custodian to deliver or pay to the minor or expend for the minor's benefit so much of the custodial property as the court considers advisable for the use and benefit of the minor.</subsection><subsection number="75A-8-115(3)">A delivery, payment, or expenditure under this section is in addition to, not in substitution for, and does not affect any obligation of a person to support the minor.</subsection></section><section number="75A-8-116"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Custodian's expenses, compensation, and bond.</catchline><subsection number="75A-8-116(1)">A custodian is entitled to reimbursement from custodial property for reasonable expenses incurred in the performance of the custodian's duties.</subsection><subsection number="75A-8-116(2)">Except for one who is a transferor under Section <xref depth="3" refnumber="75A-8-105">75A-8-105</xref>, a custodian has a noncumulative election during each calendar year to charge reasonable compensation for services performed during that year.</subsection><subsection number="75A-8-116(3)">Except as provided in Subsection <xref depth="4" refnumber="75A-8-119(6)">75A-8-119(6)</xref>, a custodian need not give a bond.</subsection></section><section number="75A-8-117"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Exemption of third person from liability.</catchline><tab/>A third person in good faith and without court order may act on the instructions of or otherwise deal with any person purporting to make a transfer or purporting to act in the capacity of a custodian and, in the absence of knowledge, is not responsible for determining:<subsection number="75A-8-117(1)">the validity of the purported custodian's designation;</subsection><subsection number="75A-8-117(2)">the propriety of, or the authority under this chapter for, any act of the purported custodian;</subsection><subsection number="75A-8-117(3)">the validity or propriety under this chapter of any instrument or instructions executed or given either by the person purporting to make transfer or by the purported custodian; or</subsection><subsection number="75A-8-117(4)">the propriety of the application of any property of the minor delivered to the purported custodian.</subsection></section><section number="75A-8-118"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Liability to third persons.</catchline><subsection number="75A-8-118(1)">A claim may be asserted against the custodial property by proceeding against the custodian in the custodial capacity, whether or not the custodian or the minor is personally liable, if the claim is based on:<subsection number="75A-8-118(1)(a)">a contract entered into by a custodian acting in a custodial capacity;</subsection><subsection number="75A-8-118(1)(b)">an obligation arising from the ownership or control of custodial property; or</subsection><subsection number="75A-8-118(1)(c)">a tort committed during the custodianship.</subsection></subsection><subsection number="75A-8-118(2)">A custodian is not personally liable:<subsection number="75A-8-118(2)(a)">on a contract properly entered into in the custodial capacity unless the custodian fails to reveal that capacity and to identify the custodianship in the contract; or</subsection><subsection number="75A-8-118(2)(b)">for an obligation arising from control of custodial property or for a tort committed during the custodianship unless the custodian is personally at fault.</subsection></subsection><subsection number="75A-8-118(3)">A minor is not personally liable for an obligation arising from ownership of custodial property or for a tort committed during the custodianship unless the minor is personally at fault.</subsection></section><section number="75A-8-119"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Renunciation, resignation, death, or removal of custodian -- Designation of successor custodian.</catchline><subsection number="75A-8-119(1)"><subsection number="75A-8-119(1)(a)">A person nominated under Section <xref depth="3" refnumber="75A-8-104">75A-8-104</xref> or designated under Section <xref depth="3" refnumber="75A-8-110">75A-8-110</xref> as custodian may decline to serve by delivering a valid disclaimer to the person who made the nomination or to the transferor or the transferor's legal representative. </subsection><subsection number="75A-8-119(1)(b)"> If the event giving rise to a transfer has not occurred and no substitute custodian able, willing, and eligible to serve was nominated under Section <xref depth="3" refnumber="75A-8-104">75A-8-104</xref>, the person who made the nomination may nominate a substitute custodian under Section <xref depth="3" refnumber="75A-8-104">75A-8-104</xref>; otherwise the transferor or the transferor's legal representative shall designate a substitute custodian at the time of the transfer, in either case from among the persons eligible to serve as custodian for that kind of property under Subsection <xref depth="4" refnumber="75A-8-110(1)">75A-8-110(1)</xref>. </subsection><subsection number="75A-8-119(1)(c)"> The custodian designated has the rights of a successor custodian.</subsection></subsection><subsection number="75A-8-119(2)"><subsection number="75A-8-119(2)(a)">A custodian at any time may designate a trust company or an adult other than a transferor under Section <xref depth="3" refnumber="75A-8-105">75A-8-105</xref> as successor custodian by executing and dating an instrument of designation before a subscribing witness other than the successor. </subsection><subsection number="75A-8-119(2)(b)"> If the instrument of designation does not contain or is not accompanied by the resignation of the custodian, the designation of the successor does not take effect until the custodian resigns, dies, becomes incapacitated, or is removed.</subsection></subsection><subsection number="75A-8-119(3)">A custodian may resign at any time by delivering written notice to the minor if the minor is 14 years old or older and to the successor custodian and by delivering the custodial property to the successor custodian.</subsection><subsection number="75A-8-119(4)"><subsection number="75A-8-119(4)(a)"><subsection number="75A-8-119(4)(a)(i)">If a custodian is ineligible, dies, or becomes incapacitated without having effectively designated a successor and the minor is 14 years old or older, the minor may designate as successor custodian, in the manner prescribed in Subsection (2), an adult member of the minor's family, a conservator of the minor, or a trust company. </subsection><subsection number="75A-8-119(4)(a)(ii)"> If the minor is not yet 14 years old or fails to act within 60 days after the ineligibility, death, or incapacity, the conservator of the minor becomes successor custodian.</subsection></subsection><subsection number="75A-8-119(4)(b)">If the minor has no conservator or the conservator declines to act, the transferor, the legal representative of the transferor or of the custodian, an adult member of the minor's family, or any other interested person may petition the court to designate a successor custodian.</subsection></subsection><subsection number="75A-8-119(5)"><subsection number="75A-8-119(5)(a)">A custodian who declines to serve under Subsection (1) or resigns under Subsection (3), or the legal representative of a deceased or incapacitated custodian shall as soon as practicable place the custodial property and records in the possession and control of the successor custodian. </subsection><subsection number="75A-8-119(5)(b)"> The successor custodian by action may enforce the obligation to deliver custodial property and records and becomes responsible for each item as received.</subsection></subsection><subsection number="75A-8-119(6)">A transferor, the legal representative of a transferor, an adult member of the minor's family, a guardian of the person of the minor, the conservator of the minor, or the minor if the minor is 14 years old or older, may petition the court to remove the custodian for cause and to designate a successor custodian other than a transferor under Section <xref depth="3" refnumber="75A-8-105">75A-8-105</xref> or to require the custodian to give appropriate bond.</subsection></section><section number="75A-8-120"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Accounting by and determination of liability of custodian.</catchline><subsection number="75A-8-120(1)">A minor who is 14 years old or older, the minor's guardian of the person or legal representative, an adult member of the minor's family, a transferor, or a transferor's legal representative may petition the court:<subsection number="75A-8-120(1)(a)">for an accounting by the custodian or the custodian's legal representative; or</subsection><subsection number="75A-8-120(1)(b)">for a determination of responsibility, as between the custodial property and the custodian personally, for claims against the custodial property unless the responsibility has been adjudicated in an action under Section <xref depth="3" refnumber="75A-8-118">75A-8-118</xref> to which the minor or the minor's legal representative was a party.</subsection></subsection><subsection number="75A-8-120(2)">A successor custodian may petition the court for an accounting by the predecessor custodian.</subsection><subsection number="75A-8-120(3)">The court, in a proceeding under this chapter or in any other proceeding, may require or permit the custodian or the custodian's legal representative to account.</subsection><subsection number="75A-8-120(4)">If a custodian is removed under Subsection <xref depth="4" refnumber="75A-8-119(6)">75A-8-119(6)</xref>, the court shall require an accounting and order delivery of the custodial property and records to the successor custodian and the execution of all instruments required for transfer of the custodial property.</subsection></section><section number="75A-8-121"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Termination of custodianship.</catchline><tab/>The custodian shall transfer in an appropriate manner the custodial property to the minor or to the minor's estate upon the earlier of:<subsection number="75A-8-121(1)">the minor's becoming 21 years old with respect to custodial property transferred under Section <xref depth="3" refnumber="75A-8-105">75A-8-105</xref> or <xref depth="3" refnumber="75A-8-106">75A-8-106</xref>;</subsection><subsection number="75A-8-121(2)">the minor's attainment of majority under the laws of this state with respect to the custodial property transferred under Section <xref depth="3" refnumber="75A-8-107">75A-8-107</xref> or <xref depth="3" refnumber="75A-8-108">75A-8-108</xref>; or</subsection><subsection number="75A-8-121(3)">the minor's death.</subsection></section><section number="75A-8-122"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Applicability.</catchline><tab/>This chapter applies to a transfer within the scope of Section <xref depth="3" refnumber="75A-8-103">75A-8-103</xref> made after its effective date if:<subsection number="75A-8-122(1)">the transfer purports to have been made under the Uniform Gifts to Minors Act; or</subsection><subsection number="75A-8-122(2)">the instrument by which the transfer purports to have been made uses in substance the designation "as custodian under the Uniform Gifts to Minors Act" or "as custodian under the Uniform Transfers to Minors Act" of any other state, and the application of this part is necessary to validate the transfer.</subsection></section><section number="75A-8-123"><histories><history>Renumbered and Amended by Chapter <modchap sess="2024GS">364</modchap>, 2024 General Session</history><modyear>2024</modyear></histories><catchline>Effect on existing custodianships.</catchline><subsection number="75A-8-123(1)">Any transfer of custodial property as now defined in this chapter made before July 1, 1990, is validated notwithstanding that there was no specific authority in the Uniform Gifts to Minors Act for the coverage of custodial property of that kind or for a transfer from that source at the time the transfer was made.</subsection><subsection number="75A-8-123(2)">This chapter applies to all transfers made before July 1, 1990, in a manner and form prescribed in the Uniform Gifts to Minors Act, except as the application impairs constitutionally vested rights or extends the duration of custodianships in existence on July 1, 1990.</subsection><subsection number="75A-8-123(3)">Sections <xref depth="3" refnumber="75A-8-102">75A-8-102</xref> and <xref depth="3" refnumber="75A-8-121">75A-8-121</xref> regarding the age of a minor for whom custodial property is held under this chapter do not apply to custodial property held in a custodianship that terminated because of the minor's attainment of the age of majority and before July 1, 1990.</subsection></section></chapter><chapter number="75A-9"><catchline>Uniform Health Care Decisions Act</catchline><section number="75A-9-101"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Definitions.</catchline>As used in this chapter:<subsection number="75A-9-101(1)"><subsection number="75A-9-101(1)(a)">"Advance health care directive" means a power of attorney for health care, health care instruction, or both.</subsection><subsection number="75A-9-101(1)(b)">"Advance health care directive" includes an advance mental health care directive.</subsection></subsection><subsection number="75A-9-101(2)">"Advance mental health care" directive means a power of attorney for health care, health care instruction, or both, created under Section <xref depth="3" refnumber="75A-9-108">75A-9-108</xref>.</subsection><subsection number="75A-9-101(3)"><subsection number="75A-9-101(3)(a)">"Agent" means an individual appointed under a power of attorney for health care to make a health care decision for the individual who made the appointment.</subsection><subsection number="75A-9-101(3)(b)">"Agent" includes a co-agent or alternate agent appointed under Section <xref depth="3" refnumber="75A-9-119">75A-9-119</xref>.</subsection></subsection><subsection number="75A-9-101(4)">"Capacity" means having capacity under Section <xref depth="3" refnumber="75A-9-102">75A-9-102</xref>.</subsection><subsection number="75A-9-101(5)">"Cohabitant" means each of two individuals who have been living together as a couple for at least one year after each became an adult or was emancipated and who are not married to each other.</subsection><subsection number="75A-9-101(6)">"Default surrogate" means an individual authorized under Section <xref depth="3" refnumber="75A-9-111">75A-9-111</xref> to make a health care decision for another individual.</subsection><subsection number="75A-9-101(7)">"Emergency medical services provider" means a person that is licensed, designated, or certified under Title 53, Chapter 2d, Emergency Medical Services Act.</subsection><subsection number="75A-9-101(8)">"Family member" means a spouse, adult child, parent, or grandparent, or an adult descendant of a spouse, child, parent, or grandparent.</subsection><subsection number="75A-9-101(9)"><subsection number="75A-9-101(9)(a)">"Health care" means care or treatment or a service or procedure to maintain, monitor, diagnose, or otherwise affect an individual's physical or mental illness, injury, or condition.</subsection><subsection number="75A-9-101(9)(b)">"Health care" includes mental health care.</subsection></subsection><subsection number="75A-9-101(10)">"Health care decision" means a decision made by an individual or the individual's surrogate regarding the individual's health care, including:<subsection number="75A-9-101(10)(a)">selection or discharge of a health care professional or health care institution;</subsection><subsection number="75A-9-101(10)(b)">approval or disapproval of a diagnostic test, surgical procedure, medication, therapeutic intervention, or other health care; and</subsection><subsection number="75A-9-101(10)(c)">direction to provide, withhold, or withdraw artificial nutrition or hydration, mechanical ventilation, or other health care.</subsection></subsection><subsection number="75A-9-101(11)">"Health care institution" means a facility or agency licensed, certified, or otherwise authorized or permitted by other law to provide health care in this state in the ordinary course of business.</subsection><subsection number="75A-9-101(12)"><subsection number="75A-9-101(12)(a)">"Health care instruction" means a direction, whether or not in a record, made by an individual that indicates the individual's goals, preferences, or wishes concerning the provision, withholding, or withdrawal of health care.</subsection><subsection number="75A-9-101(12)(b)">"Health care instruction" includes a direction intended to be effective if a specified condition arises.</subsection></subsection><subsection number="75A-9-101(13)">"Health care professional" means a physician or other individual licensed, certified, or otherwise authorized or permitted by other law of this state to provide health care in this state in the ordinary course of business or the practice of the physician's or individual's profession.</subsection><subsection number="75A-9-101(14)">"Individual" means an adult or emancipated minor.</subsection><subsection number="75A-9-101(15)">"Mental health care" means care or treatment or a service or procedure to maintain, monitor, diagnose, or otherwise affect an individual's mental illness or other psychiatric, psychological, or psychosocial condition.</subsection><subsection number="75A-9-101(16)">"Nursing home" means a nursing facility as defined in Section 1919(a)(1) of the Social Security Act, 42 U.S.C. Sec. 1396r(a)(1), as amended or skilled nursing facility as defined in Section 1819(a)(1) of the Social Security Act, 42 U.S.C. Sec. 1395i3(a)(1), as amended.</subsection><subsection number="75A-9-101(17)">"Person interested in the welfare of the individual" means:<subsection number="75A-9-101(17)(a)">the individual's surrogate;</subsection><subsection number="75A-9-101(17)(b)">a family member of the individual;</subsection><subsection number="75A-9-101(17)(c)">the cohabitant of the individual;</subsection><subsection number="75A-9-101(17)(d)">a public entity providing health care case management or protective services to the individual;</subsection><subsection number="75A-9-101(17)(e)">a person appointed under other law to make decisions for the individual under a power of attorney for finances; or</subsection><subsection number="75A-9-101(17)(f)">a person that has an ongoing personal or professional relationship with the individual, including a person that has provided educational or health care services or supported decision making to the individual.</subsection></subsection><subsection number="75A-9-101(18)">"Physician" means an individual licensed to practice as a physician or osteopath under Title 58, Chapter 67, Utah Medical Practice Act, or Title 58, Chapter 68, Utah Osteopathic Medical Practice Act.</subsection><subsection number="75A-9-101(19)">"Power of attorney for health care" means a record in which an individual appoints an agent to make health care decisions for the individual.</subsection><subsection number="75A-9-101(20)">"Reasonably available" means being able to be contacted without undue effort and being willing and able to act in a timely manner considering the urgency of an individual's health care situation. When used to refer to an agent or default surrogate, the term includes being willing and able to comply with the duties under Section <xref depth="3" refnumber="75A-9-116">75A-9-116</xref> in a timely manner considering the urgency of an individual's health care situation.</subsection><subsection number="75A-9-101(21)">"Responsible health care professional" means:<subsection number="75A-9-101(21)(a)">a health care professional designated by an individual or the individual's surrogate to have primary responsibility for the individual's health care or for overseeing a course of treatment; or</subsection><subsection number="75A-9-101(21)(b)">in the absence of a designation under Subsection <xref tempid="759">(21)(a)</xref> or, if the professional designated under Subsection <xref depth="4" refnumber="75A-9-101(21)(a)">(21)(a)</xref> is not reasonably available, a health care professional who has primary responsibility for overseeing the individual's health care or for overseeing a course of treatment.</subsection></subsection><subsection number="75A-9-101(22)">"Supported decision making" means assistance, from one or more persons of an individual's choosing, that helps the individual make or communicate a decision, including by helping the individual understand the nature and consequences of the decision.</subsection><subsection number="75A-9-101(23)">"Surrogate" means:<subsection number="75A-9-101(23)(a)">an agent;</subsection><subsection number="75A-9-101(23)(b)">a default surrogate; or</subsection><subsection number="75A-9-101(23)(c)">a guardian authorized to make health care decisions.</subsection></subsection></section><section number="75A-9-102"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Capacity.</catchline><subsection number="75A-9-102(1)">An individual has capacity for the purpose of this chapter if the individual:<subsection number="75A-9-102(1)(a)">is willing and able to communicate a decision independently or with appropriate services, technological assistance, supported decision making, or other reasonable accommodation; and</subsection><subsection number="75A-9-102(1)(b)">in making or revoking:<subsection number="75A-9-102(1)(b)(i)">a health care decision, understands the nature and consequences of the decision, including the primary risks and benefits of the decision;</subsection><subsection number="75A-9-102(1)(b)(ii)">a health care instruction, understands the nature and consequences of the instruction, including the primary risks and benefits of the choices expressed in the instruction; and</subsection><subsection number="75A-9-102(1)(b)(iii)">an appointment of an agent under a health care power of attorney or identification of a default surrogate under Section <xref depth="3" refnumber="75A-9-111">75A-9-111</xref>, recognizes the identity of the individual being appointed or identified and understands the general nature of the relationship of the individual making the appointment or identification with the individual being appointed or identified.</subsection></subsection></subsection><subsection number="75A-9-102(2)">The right of an individual who has capacity to make a decision about the individual's health care is not affected by whether the individual creates or revokes an advance health care directive.</subsection></section><section number="75A-9-103"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Presumption of capacity -- Overcoming presumption.</catchline><subsection number="75A-9-103(1)">An individual is presumed to have capacity to make or revoke a health care decision, health care instruction, and power of attorney for health care unless:<subsection number="75A-9-103(1)(a)">a court has found the individual lacks capacity to do so; or</subsection><subsection number="75A-9-103(1)(b)">the presumption is rebutted under Subsection (2).</subsection></subsection><subsection number="75A-9-103(2)">Subject to Sections <xref depth="3" refnumber="75A-9-104">75A-9-104</xref> and <xref depth="3" refnumber="75A-9-105">75A-9-105</xref>, a presumption under Subsection (1) may be rebutted by a finding that the individual lacks capacity:<subsection number="75A-9-103(2)(a)">subject to Subsection (3), made on the basis of a contemporaneous examination by any of the following:<subsection number="75A-9-103(2)(a)(i)">a physician;</subsection><subsection number="75A-9-103(2)(a)(ii)">a psychologist licensed or otherwise authorized to practice in this state;</subsection><subsection number="75A-9-103(2)(a)(iii)">an individual with training and expertise in the finding of lack of capacity who is licensed or otherwise authorized to practice in this state as:<subsection number="75A-9-103(2)(a)(iii)(A)">a physician assistant; or</subsection><subsection number="75A-9-103(2)(a)(iii)(B)">an advanced practice registered nurse; or</subsection></subsection><subsection number="75A-9-103(2)(a)(iv)">a responsible health care professional not described in Subsections <xref tempid="888" depth="4" refnumber="(2)(a)(i)">(2)(a)(i)</xref> through (iii) if:<subsection number="75A-9-103(2)(a)(iv)(A)">the individual about whom the finding is to be made is experiencing a health condition requiring a decision regarding health care treatment to be made promptly to avoid loss of life or serious harm to the health of the individual; and</subsection><subsection number="75A-9-103(2)(a)(iv)(B)">an individual described in Subsections <xref tempid="231" depth="4" refnumber="(2)(a)(i)">(2)(a)(i)</xref> through (iii) is not reasonably available;</subsection></subsection></subsection><subsection number="75A-9-103(2)(b)">made in accordance with accepted standards of the profession and the scope of practice of the individual making the finding and to a reasonable degree of certainty; and</subsection><subsection number="75A-9-103(2)(c)">documented in a record signed by the individual making the finding that includes an opinion of the cause, nature, extent, and probable duration of the lack of capacity.</subsection></subsection><subsection number="75A-9-103(3)">The finding under Subsection (2) may not be made by:<subsection number="75A-9-103(3)(a)">a family member of the individual presumed to have capacity;</subsection><subsection number="75A-9-103(3)(b)">the cohabitant of the individual or a descendant of the cohabitant; or</subsection><subsection number="75A-9-103(3)(c)">the individual's surrogate, a family member of the surrogate, or a descendant of the surrogate.</subsection></subsection><subsection number="75A-9-103(4)">If the finding under Subsection (2) was based on a condition the individual no longer has or a responsible health care professional subsequently has good cause to believe the individual has capacity, the individual is presumed to have capacity unless a court finds the individual lacks capacity or the presumption is rebutted under Subsection <xref tempid="494" depth="4" refnumber="(2)">(2)</xref>.</subsection></section><section number="75A-9-104"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Notice of finding of lack of capacity -- Right to object.</catchline><subsection number="75A-9-104(1)">As soon as reasonably feasible, an individual who makes a finding under Subsection <xref refnumber="75A-9-103(2)" depth="4">75A-9-103(2)</xref> shall inform the individual about whom the finding was made or the individual's responsible health care professional of the finding.</subsection><subsection number="75A-9-104(2)"> As soon as reasonably feasible, a responsible health care professional who is informed of a finding under Subsection <xref depth="4" refnumber="75A-9-103(2)">75A-9-103(2)</xref> shall inform the individual about whom the finding was made and the individual's surrogate.</subsection><subsection number="75A-9-104(3)">An individual found under Subsection <xref depth="4" refnumber="75A-9-103(2)">75A-9-103(2)</xref> to lack capacity may object to the finding:<subsection number="75A-9-104(3)(a)">by orally informing a responsible health care professional;</subsection><subsection number="75A-9-104(3)(b)">in a record provided to a responsible health care professional or the health care institution in which the individual resides or is receiving care; or</subsection><subsection number="75A-9-104(3)(c)">by another act that clearly indicates the individual's objection.</subsection></subsection><subsection number="75A-9-104(4)">If the individual objects under Subsection (3), the finding under Subsection <xref depth="4" refnumber="75A-9-103(2)">75A-9-103(2)</xref> is not sufficient to rebut a presumption of capacity in Subsection <xref depth="4" refnumber="75A-9-103(1)">75A-9-103(1)</xref> and the individual must be treated as having capacity unless:<subsection number="75A-9-104(4)(a)">the individual withdraws the objection;</subsection><subsection number="75A-9-104(4)(b)">a court finds the individual lacks the presumed capacity;</subsection><subsection number="75A-9-104(4)(c)">the individual is experiencing a health condition requiring a decision regarding health care treatment to be made promptly to avoid imminent loss of life or serious harm to the health of the individual; or</subsection><subsection number="75A-9-104(4)(d)">subject to Subsection (5), the finding is confirmed by a second finding made by an individual authorized under Subsection <xref refnumber="75A-9-103(2)(a)" depth="4">75A-9-103(2)(a)</xref> who:<subsection number="75A-9-104(4)(d)(i)">did not make the first finding;</subsection><subsection number="75A-9-104(4)(d)(ii)">is not a family member of the individual who made the first finding; and</subsection><subsection number="75A-9-104(4)(d)(iii)">is not the cohabitant of the individual who made the first finding or a descendant of the cohabitant.</subsection></subsection></subsection><subsection number="75A-9-104(5)">A second finding that the individual lacks capacity under Subsection <xref tempid="958" depth="4" refnumber="(4)(d)">(4)(d)</xref> is not sufficient to rebut the presumption of capacity if the individual is requesting the provision or continuation of life-sustaining treatment and the finding is being used to make a decision to withhold or withdraw the treatment.</subsection><subsection number="75A-9-104(6)"> As soon as reasonably feasible, a health care professional who is informed of an objection under Subsection <xref tempid="896" depth="4" refnumber="(3)">(3)</xref> shall:<subsection number="75A-9-104(6)(a)">communicate the objection to a responsible health care professional; and</subsection><subsection number="75A-9-104(6)(b)">document the objection and the date of the objection in the individual's medical record or communicate the objection and the date of the objection to an administrator with responsibility for medical records of the health care institution providing health care to the individual, who shall document the objection and the date of the objection in the individual's medical record.</subsection></subsection></section><section number="75A-9-105"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Judicial review of finding of lack of capacity.</catchline><subsection number="75A-9-105(1)">An individual found under Subsection <xref refnumber="75A-9-103(2)" depth="4">75A-9-103(2)</xref> to lack capacity, a responsible health care professional, the health care institution providing health care to the individual, or a person interested in the welfare of the individual may petition the court in the county in which the individual resides or is located to determine whether the individual lacks capacity.</subsection><subsection number="75A-9-105(2)"><subsection number="75A-9-105(2)(a)">The court in which a petition under Subsection (1) is filed shall appoint legal counsel to represent the individual if the individual does not have legal counsel.</subsection><subsection number="75A-9-105(2)(b)">The court shall hear the petition as soon as possible.</subsection><subsection number="75A-9-105(2)(c)">As soon as possible the court shall determine whether the individual lacks capacity.</subsection><subsection number="75A-9-105(2)(d)">The court may determine the individual lacks capacity only if the court finds by clear and convincing evidence that the individual lacks capacity.</subsection></subsection></section><section number="75A-9-106"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Health care instructions.</catchline><subsection number="75A-9-106(1)">An individual may create a health care instruction that expresses the individual's preferences for future health care, including preferences regarding:<subsection number="75A-9-106(1)(a)">health care professionals or health care institutions;</subsection><subsection number="75A-9-106(1)(b)">how a health care decision will be made and communicated;</subsection><subsection number="75A-9-106(1)(c)">persons that should or should not be consulted regarding a health care decision;</subsection><subsection number="75A-9-106(1)(d)">a person to serve as guardian for the individual if one is appointed; and</subsection><subsection number="75A-9-106(1)(e)">an individual to serve as a default surrogate.</subsection></subsection><subsection number="75A-9-106(2)">A health care professional to whom an individual communicates or provides an instruction under Subsection (1) shall document the instruction and the date of the instruction in the individual's medical record or communicate the instruction and date of the instruction to an administrator with responsibility for medical records of the health care institution providing health care to the individual, who shall document the instruction and the date of the instruction in the individual's medical record.</subsection><subsection number="75A-9-106(3)">A health care instruction made by an individual that conflicts with an earlier health care instruction made by the individual, including an instruction documented in a medical order, revokes the earlier instruction to the extent of the conflict.</subsection><subsection number="75A-9-106(4)">A health care instruction may be in the same record as a power of attorney for health care.</subsection></section><section number="75A-9-107"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Power of attorney for health care.</catchline><subsection number="75A-9-107(1)">An individual may create a power of attorney for health care to appoint an agent to make health care decisions for the individual.</subsection><subsection number="75A-9-107(2)">An individual is disqualified from acting as agent for an individual who lacks capacity to make health care decisions if:<subsection number="75A-9-107(2)(a)">a court finds that the potential agent poses a danger to the individual's well-being, even if the court does not issue a protective order against the potential agent; or</subsection><subsection number="75A-9-107(2)(b)">the potential agent is an owner, operator, employee, or contractor of a nursing home or assisted living facility in which the individual resides or is receiving care, unless the owner, operator, employee, or contractor is a family member of the individual, the cohabitant of the individual, or a descendant of the cohabitant.</subsection></subsection><subsection number="75A-9-107(3)">A health care decision made by an agent is effective without judicial approval.</subsection><subsection number="75A-9-107(4)">A power of attorney for health care must be in a record, signed by the individual creating the power, and signed by an adult witness who:<subsection number="75A-9-107(4)(a)">reasonably believes the act of the individual to create the power of attorney is voluntary and knowing;</subsection><subsection number="75A-9-107(4)(b)">is not:<subsection number="75A-9-107(4)(b)(i)">the agent appointed by the individual;</subsection><subsection number="75A-9-107(4)(b)(ii)">the agent's spouse or cohabitant; or</subsection><subsection number="75A-9-107(4)(b)(iii)">if the individual resides or is receiving care in a nursing home or assisted living facility, the owner, operator, employee, or contractor of the nursing home or assisted living facility; and</subsection></subsection><subsection number="75A-9-107(4)(c)">is present when the individual signs the power of attorney or when the individual represents that the power of attorney reflects the individual's wishes.</subsection></subsection><subsection number="75A-9-107(5)">A witness under Subsection (4) is considered present if the witness and the individual are:<subsection number="75A-9-107(5)(a)">physically present in the same location;</subsection><subsection number="75A-9-107(5)(b)">using electronic means that allow for real time audio and visual transmission and communication in real time to the same extent as if the witness and the individual were physically present in the same location; or</subsection><subsection number="75A-9-107(5)(c)">able to speak to and hear each other in real time through audio connection if:<subsection number="75A-9-107(5)(c)(i)">the identity of the individual is personally known to the witness; or</subsection><subsection number="75A-9-107(5)(c)(ii)">the witness is able to authenticate the identity of the individual by receiving accurate answers from the individual that enable the authentication.</subsection></subsection></subsection><subsection number="75A-9-107(6)">A power of attorney for health care may include a health care instruction.</subsection></section><section number="75A-9-108"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Advance mental health care directive.</catchline><subsection number="75A-9-108(1)"><subsection number="75A-9-108(1)(a)">An individual may create an advance health care directive that addresses only mental health care for the individual.</subsection><subsection number="75A-9-108(1)(b)">The directive may include a health care instruction, a power of attorney for health care, or both.</subsection></subsection><subsection number="75A-9-108(2)">A health care instruction under this section may include the individual's:<subsection number="75A-9-108(2)(a)">general philosophy and objectives regarding mental health care; or</subsection><subsection number="75A-9-108(2)(b)">specific goals, preferences, and wishes regarding the provision, withholding, or withdrawal of a form of mental health care, including:<subsection number="75A-9-108(2)(b)(i)">preferences regarding professionals, programs, and facilities;</subsection><subsection number="75A-9-108(2)(b)(ii)">admission to a mental-health facility, including duration of admission;</subsection><subsection number="75A-9-108(2)(b)(iii)">preferences regarding medications;</subsection><subsection number="75A-9-108(2)(b)(iv)">refusal to accept a specific type of mental health care, including a medication; and</subsection><subsection number="75A-9-108(2)(b)(v)">preferences regarding crisis intervention.</subsection></subsection></subsection><subsection number="75A-9-108(3)">A power of attorney for health care under this section may appoint an agent to make decisions only for mental health care.</subsection></section><section number="75A-9-109"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Relationship of advance mental health care directive and other advance health care directive.</catchline><subsection number="75A-9-109(1)">If a direction in an advance mental health care directive of an individual conflicts with a direction in another advance health care directive of the individual, the later direction revokes the earlier direction to the extent of the conflict.</subsection><subsection number="75A-9-109(2)"><subsection number="75A-9-109(2)(a)">An appointment of an agent to make decisions only for mental health care for an individual does not revoke an earlier appointment of an agent to make other health care decisions for the individual.</subsection><subsection number="75A-9-109(2)(b)">A later appointment revokes the authority of an agent under the earlier appointment to make decisions about mental health care unless otherwise specified in the power of attorney making the later appointment.</subsection></subsection><subsection number="75A-9-109(3)">An appointment of an agent to make health care decisions for an individual other than decisions about mental health care made after appointment of an agent authorized to make only mental health care decisions does not revoke the appointment of the agent authorized to make only mental health care decisions.</subsection></section><section number="75A-9-110"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Optional form.</catchline>The following form may be used to create an advance health care directive:<eol/><tab/><tab/><tab/><tab/><tab/><tab/><tab/><tab/>ADVANCE HEALTH CARE DIRECTIVE<eol/><eol/><tab/><tab/><tab/><tab/><tab/><tab/><tab/><tab/><tab/>HOW YOU CAN USE THIS FORM<eol/><eol/>You can use this form if you wish to name someone to make health care decisions for you in case you cannot make decisions for yourself. This is called giving the person a power of attorney for health care. This person is called your Agent.<eol/><eol/>You can also use this form to state your wishes, preferences, and goals for health care, and to say if you want to be an organ donor after you die.<eol/><eol/><tab/><tab/><tab/><tab/><tab/><tab/><tab/><tab/><tab/>YOUR NAME AND DATE OF BIRTH<eol/><eol/>Name:<eol/><eol/>Date of birth:<eol/><eol/><tab/><tab/><tab/><tab/><tab/><tab/><tab/><tab/><tab/><tab/>PART A: NAMING AN AGENT<eol/><eol/>This part lets you name someone else to make health care decisions for you. You may leave any item blank.<eol/><eol/><eol/>1. NAMING AN AGENT<eol/><eol/><tab/>I want the following person to make health care decisions for me if I cannot make decisions for myself:<eol/><eol/><tab/>Name:<eol/><eol/><tab/>Optional contact information (it is helpful to include information such as address, phone, and email):<eol/><eol/>2. NAMING AN ALTERNATE AGENT <eol/><eol/><tab/>I want the following person to make health care decisions for me if I cannot and my Agent is not able or available to make them for me:<eol/><eol/><tab/>Name:<eol/><eol/><tab/>Optional contact information (it is helpful to include information such as address, phone, and email):<eol/><eol/>3. LIMITING YOUR AGENT'S AUTHORITY<eol/><eol/><tab/>I give my Agent the power to make all health care decisions for me if I cannot make those decisions for myself, except the following:<eol/><eol/><tab/>(If you do not add a limitation here, your Agent will be able to make all health care decisions that an Agent is permitted to make under state law.)<eol/><eol/><tab/><tab/><tab/><tab/><tab/><tab/><tab/>PART B: HEALTH CARE INSTRUCTIONS<eol/><eol/>This part lets you state your priorities for health care and to state types of health care you do and do not want.<eol/><eol/>1. INSTRUCTIONS ABOUT LIFE-SUSTAINING TREATMENT<eol/><eol/>This section gives you the opportunity to say how you want your Agent to act while making decisions for you. You may mark or initial each choice. You also may leave any choice blank.<eol/><eol/>Treatment. Medical treatment needed to keep me alive but not needed for comfort or any other purpose should (mark or initial all that apply):<eol/><tab/>(____) Always be given to me. (If you mark or initial this choice, you should not mark or initial other choices in this "treatment" section.)<eol/><tab/>(____) Not be given to me if I have a condition that is not curable and is expected to cause my death soon, even if treated.<eol/><tab/>(____) Not be given to me if I am unconscious and I am not expected to be conscious again.<eol/><tab/>(____) Not be given to me if I have a medical condition from which I am not expected to recover that prevents me from communicating with people I care about, caring for myself, and recognizing family and friends.<eol/><tab/>(____) Other (write what you want or do not want):<eol/><eol/><eol/>Food and liquids. If I can't swallow and staying alive requires me to get food or liquids through a tube or other means for the rest of my life, then food or liquids should (mark or initial all that apply):<eol/><tab/>(____) Always be given to me. (If you mark or initial this choice, you should not mark or initial other choices in this food and liquids section.)<eol/><tab/>(____) Not be given to me if I have a condition that is not curable and is expected to cause me to die soon, even if treated.<eol/><tab/>(____) Not be given to me if I am unconscious and am not expected to be conscious again.<eol/><tab/>(____) Not be given to me if I have a medical condition from which I am not expected to recover that prevents me from communicating with people I care about, caring for myself, and recognizing family and friends.<eol/><tab/>(____) Other (write what you want or do not want):<eol/><eol/><eol/>Pain relief. If I am in significant pain, care that will keep me comfortable but is likely to shorten my life should (mark or initial all that apply):<eol/><tab/>(____) Always be given to me. (If you mark or initial this choice, you should not mark or initial other choices in this pain relief section.)<eol/><tab/>(____) Never be given to me. (If you mark or initial this choice, you should not mark or initial other choices in this pain relief section.)<eol/><tab/>(____) Be given to me if I have a condition that is not curable and is expected to cause me to die soon, even if treated.<eol/><tab/>(____) Be given to me if I am unconscious and am not expected to be conscious again.<eol/><tab/>(____) Be given to me if I have a medical condition from which I am not expected to recover that prevents me from communicating with people I care about, caring for myself, and recognizing family and friends.<eol/><tab/>(____) Other (write what you want or do not want):<eol/><eol/><eol/>2. MY PRIORITIES<eol/><eol/>You can use this section to indicate what is important to you, and what is not important to you. This information can help your Agent make decisions for you if you cannot. It also helps others understand your preferences.<eol/><eol/>You may mark or initial each choice. You also may leave any choice blank.<eol/><eol/>Staying alive as long as possible even if I have substantial physical limitations is:<eol/><tab/>(____) Very important<eol/><tab/>(____) Somewhat important<eol/><tab/>(____) Not important<eol/><eol/>Staying alive as long as possible even if I have substantial mental limitations is:<eol/><tab/>(____) Very important<eol/><tab/>(____) Somewhat important<eol/><tab/>(____) Not important<eol/><eol/>Being free from significant pain is:<eol/><tab/>(____) Very important<eol/><tab/>(____) Somewhat important<eol/><tab/>(____) Not important<eol/><eol/>Being independent is:<eol/><tab/>(____) Very important<eol/><tab/>(____) Somewhat important<eol/><tab/>(____) Not important<eol/><eol/>Having my Agent talk with my family before making decisions about my care is:<eol/><tab/>(____) Very important<eol/><tab/>(____) Somewhat important<eol/><tab/>(____) Not important<eol/><eol/>Having my Agent talk with my friends before making decisions about my care is:<eol/><tab/>(____) Very important<eol/><tab/>(____) Somewhat important<eol/><tab/>(____) Not important<eol/><eol/>3. OTHER INSTRUCTIONS<eol/><eol/><tab/>You can write in this section more information about your goals, values, and preferences for treatment, including care you want or do not want. You can also use this section to name anyone who you do not want to make decisions for you under any conditions.<eol/><eol/><tab/><tab/><tab/><tab/><tab/>PART C: OPTIONAL SPECIAL POWERS AND GUIDANCE<eol/><eol/>This part lets you give your Agent additional powers and provide more guidance about your wishes. You may mark or initial each choice. You also may leave any choice blank.<eol/><eol/>1. OPTIONAL SPECIAL POWERS<eol/><eol/><tab/>My Agent can do the following things ONLY if I have marked or initialed them below:<eol/><tab/><eol/><tab/><tab/>(____) Admit me as a voluntary patient to a facility for mental health treatment for up to _____ days (write in the number of days you want like 7, 14, 30, or another number).<eol/><tab/><tab/>(If I do not mark or initial this choice, my Agent MAY NOT admit me as a voluntary patient to this type of facility.)<eol/><eol/><tab/><tab/>(____) Place me in a nursing home for more than 100 days even if my needs can be met somewhere else, I am not terminally ill, and I object.<eol/><tab/><tab/>(If I do not mark or initial this choice, my Agent MAY NOT do this.)<eol/><eol/>2. ACCESS TO MY HEALTH INFORMATION<eol/><eol/><tab/>My Agent may obtain, examine, and share information about my health needs and health care if I am not able to make decisions for myself. If I mark or initial below, my Agent may also do that at any time my Agent thinks it will help me.<eol/><tab/><eol/><tab/><tab/>(____) I give my Agent permission to obtain, examine, and share information about my health needs and health care whenever my Agent thinks it will help me.<eol/><eol/>3. FLEXIBILITY FOR MY AGENT<eol/><eol/><tab/>Mark or initial below if you want to give your Agent flexibility in following instructions you provide in this form. If you do not, your Agent must follow the instructions even if your Agent thinks something else would be better for you.<eol/><tab/><eol/><tab/><tab/>(____) I give my Agent permission to be flexible in applying these instructions if my Agent thinks it would be in my best interest based on what my Agent knows about me.<eol/><eol/>4. NOMINATION OF GUARDIAN<eol/><eol/><tab/>You can say who you would want as your guardian if you needed one. A guardian is a person appointed by a court to make decisions for someone who cannot make decisions. Filling this out does NOT mean you want or need a guardian.<eol/><eol/><tab/>If a court appoints a guardian to make personal decisions for me, I want the court to choose:<eol/><tab/><tab/>(____) My Agent named in this form. If my Agent cannot be a guardian, I want the Alternate Agent named in this form.<eol/><tab/><tab/>(____) Other (write who you would want and their contact information):<eol/><eol/><tab/><tab/><tab/><tab/><tab/><tab/><tab/><tab/><tab/>PART D: ORGAN DONATION<eol/><eol/>This part lets you donate your organs after you die. You may leave any item blank.<eol/><eol/>1. DONATION<eol/><eol/><tab/>You may mark or initial only one choice.<eol/><tab/><tab/>(____) I donate my organs, tissues, and other body parts after I die, even if it requires maintaining treatments that conflict with other instructions I have put in this form, EXCEPT for those I list below (list any body parts you do NOT want to donate):<eol/><tab/><tab/><eol/><tab/><tab/>(____) I do not want my organs, tissues, or body parts donated to anybody for any reason. (If you mark or initial this choice, you should skip the purpose of donation section.)<eol/><eol/>2. PURPOSE OF DONATION<eol/><eol/><tab/>You may mark or initial all that apply. (If you do not mark or initial any of the purposes below, your donation can be used for all of them.)<eol/><tab/><eol/><tab/>Organs, tissues, or body parts that I donate may be used for:<eol/><tab/><tab/>(____) Transplant<eol/><tab/><tab/>(____) Therapy<eol/><tab/><tab/>(____) Research<eol/><tab/><tab/>(____) Education<eol/><tab/><tab/>(____) All of the above<eol/><eol/><tab/><tab/><tab/><tab/><tab/><tab/><tab/><tab/><tab/><tab/>PART E: SIGNATURES<eol/><eol/>YOUR SIGNATURE<eol/><eol/>Sign your name:<eol/><eol/>Today's date:<eol/><eol/>City/Town/Village and State (optional):<eol/><eol/>SIGNATURE OF A WITNESS<eol/><eol/>You need a witness if you are using this form to name an Agent. The witness must be an adult and cannot be the person you are naming as Agent or the Agent's spouse or someone the Agent lives with as a couple. If you live or are receiving care in a nursing home, the witness cannot be an employee or contractor of the home or someone who owns or runs the home.<eol/><eol/>Name of Witness:<eol/><eol/>Signature of Witness: (Only sign as a witness if you think the person signing above is doing it voluntarily.)<eol/><eol/>Date witness signed:<eol/><eol/><tab/><tab/><tab/><tab/><tab/><tab/><tab/><tab/>PART F: INFORMATION FOR AGENTS<eol/><eol/>1. If this form names you as an Agent, you can make decisions about health care for the person who named you when the person cannot make their own.<eol/><eol/>2. If you make a decision for the person, follow any instructions the person gave, including any in this form.<eol/><eol/>3. If you do not know what the person would want, make the decision that you think is in the person's best interest. To figure out what is in the person's best interest, consider the person's values, preferences, and goals if you know them or can learn them. Some of these preferences may be in this form. You should also consider any behavior or communication from the person that indicates what the person currently wants.<eol/><eol/>4. If this form names you as an Agent, you can also get and share the person's health information. But unless the person has said so in this form, you can get or share this information only when the person cannot make decisions about the person's health care.</section><section number="75A-9-111"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Default surrogate.</catchline><subsection number="75A-9-111(1)">A default surrogate may make a health care decision for an individual who lacks capacity to make health care decisions and for whom an agent, or guardian authorized to make health care decisions, has not been appointed or is not reasonably available.</subsection><subsection number="75A-9-111(2)">Unless the individual has an advance health care directive that indicates otherwise, a member of the following classes, in descending order of priority, who is reasonably available and not disqualified under Section <xref depth="3" refnumber="75A-9-113">75A-9-113</xref>, may act as a default surrogate for the individual:<subsection number="75A-9-111(2)(a)">an adult the individual has identified, other than in a power of attorney for health care, to make a health care decision for the individual if the individual cannot make the decision;</subsection><subsection number="75A-9-111(2)(b)">the individual's spouse unless:<subsection number="75A-9-111(2)(b)(i)">a petition for annulment, divorce, dissolution of marriage, legal separation, or termination has been filed and not dismissed or withdrawn;</subsection><subsection number="75A-9-111(2)(b)(ii)">a decree of annulment, divorce, dissolution of marriage, legal separation, or termination has been issued;</subsection><subsection number="75A-9-111(2)(b)(iii)">the individual and the spouse have agreed in a record to a legal separation; or</subsection><subsection number="75A-9-111(2)(b)(iv)">the spouse has willfully deserted the individual for more than one year;</subsection></subsection><subsection number="75A-9-111(2)(c)">the individual's adult child or parent;</subsection><subsection number="75A-9-111(2)(d)">the individual's cohabitant;</subsection><subsection number="75A-9-111(2)(e)">the individual's adult sibling;</subsection><subsection number="75A-9-111(2)(f)">the individual's adult grandchild or grandparent;</subsection><subsection number="75A-9-111(2)(g)">an adult not listed in Subsections (2)(a) through (f) who has assisted the individual with supported decision making routinely during the preceding six months;</subsection><subsection number="75A-9-111(2)(h)">the individual's adult stepchild not listed in Subsections (2)(a) through (g) whom the individual actively parented during the stepchild's minor years and with whom the individual has an ongoing relationship;</subsection><subsection number="75A-9-111(2)(i)">an adult not listed in Subsections (2)(a) through (h) who has exhibited special care and concern for the individual and is familiar with the individual's personal values; or</subsection><subsection number="75A-9-111(2)(j)">a physician designated in accordance with Subsection (6).</subsection></subsection><subsection number="75A-9-111(3)"><subsection number="75A-9-111(3)(a)">A responsible health care professional may require an individual who assumes authority to act as a default surrogate to provide a declaration in a record under penalty of perjury stating facts and circumstances reasonably sufficient to establish the authority.</subsection><subsection number="75A-9-111(3)(b)">The Department of Health and Human Services shall create a uniform form to be used in accordance with Subsection (3)(a).</subsection></subsection><subsection number="75A-9-111(4)">If a responsible health care professional reasonably determines that an individual who assumed authority to act as a default surrogate is not willing or able to comply with a duty under Section <xref depth="3" refnumber="75A-9-116">75A-9-116</xref> or fails to comply with the duty in a timely manner, the professional may recognize the individual next in priority under Subsection (2) as the default surrogate.</subsection><subsection number="75A-9-111(5)">A health care decision made by a default surrogate is effective without judicial approval.</subsection><subsection number="75A-9-111(6)">If an individual resides in or is receiving care in a health care institution, and is determined to lack capacity to make a health care decision, the responsible health care professional may designate a willing physician to make the decision on behalf of the individual if:<subsection number="75A-9-111(6)(a)">the responsible health care professional, or person acting under the supervision of the responsible health care professional, after using best efforts cannot identify and locate:<subsection number="75A-9-111(6)(a)(i)">an agent who has been appointed by the individual to make health care decisions;</subsection><subsection number="75A-9-111(6)(a)(ii)">a guardian authorized to make health care decisions for the individual; or</subsection><subsection number="75A-9-111(6)(a)(iii)">a default surrogate under Subsections <xref tempid="231" depth="4" refnumber="(2)(a)">(2)(a)</xref> through (i);</subsection></subsection><subsection number="75A-9-111(6)(b)"><subsection number="75A-9-111(6)(b)(i)">the responsible health care professional has consulted with and obtained a consensus on the designation with the medical ethics committee of the health care institution where the individual resides or is receiving care; or</subsection><subsection number="75A-9-111(6)(b)(ii)">if no medical ethics committee exists within the health care institution, has consulted with and obtained consensus from a similar entity utilized by the health care institution;</subsection></subsection><subsection number="75A-9-111(6)(c)">the physician designated to act as default surrogate under this subsection is not:<subsection number="75A-9-111(6)(c)(i)">providing health care to the individual;</subsection><subsection number="75A-9-111(6)(c)(ii)">under the actual or constructive authority of the responsible health care professional;</subsection><subsection number="75A-9-111(6)(c)(iii)">a family member or cohabitant of the responsible health care professional; or</subsection><subsection number="75A-9-111(6)(c)(iv)">disqualified from acting as default surrogate under Section <xref depth="3" refnumber="75A-9-113">75A-9-113</xref>;</subsection></subsection><subsection number="75A-9-111(6)(d)">the responsible health care professional informs the individual of the designation of a willing physician, the identity of the designated physician, and of the individual's right to object to the designation; and</subsection><subsection number="75A-9-111(6)(e)">the identity of the physician designated by the responsible health care professional is documented in the individual's medical record.</subsection></subsection><subsection number="75A-9-111(7)">The power of a physician designated under Subsection (6) to act as default surrogate terminates if:<subsection number="75A-9-111(7)(a)">a person listed in Subsections (2)(a) through (i) is identified and located and is reasonably available and willing to serve as default surrogate;</subsection><subsection number="75A-9-111(7)(b)">the individual no longer is residing in or receiving care from the health care institution; or</subsection><subsection number="75A-9-111(7)(c)">the conditions in Subsection (1) do not exist.</subsection></subsection><subsection number="75A-9-111(8)">If the authority of the responsible health care professional to make the designation under Subsection (6) or the authority of the physician designated by the responsible health care professional to make a health care decision for the individual terminates for any reason, including a reason designated in Subsection (7), the responsible health care professional shall document the termination and the reason in the individual's medical record.</subsection><subsection number="75A-9-111(9)">In making a health care decision on behalf of the individual, a physician designated to act as default surrogate under Subsection (6):<subsection number="75A-9-111(9)(a)">shall comply with the duties of a default surrogate set forth in Section <xref depth="3" refnumber="75A-9-116">75A-9-116</xref>; and</subsection><subsection number="75A-9-111(9)(b)">may consult with the medical ethics committee or similar entity and rely on the committee or entity's evaluation of the individual's best interest if the goals, preferences, and wishes of the individual regarding a health care decision are not known or reasonably ascertainable by the physician.</subsection></subsection></section><section number="75A-9-112"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Disagreement among default surrogates.</catchline><subsection number="75A-9-112(1)">A default surrogate who assumes authority under Section <xref depth="3" refnumber="75A-9-111">75A-9-111</xref> shall inform a responsible health care professional if two or more members of a class under Subsection <xref refnumber="75A-9-111(2)" depth="4">75A-9-111(2)</xref> have assumed authority to act as default surrogates and the members do not agree on a health care decision.</subsection><subsection number="75A-9-112(2)">A responsible health care professional shall comply with the decision of a majority of the members of the class with highest priority under Subsection <xref depth="4" refnumber="75A-9-111(2)">75A-9-111(2)</xref> who have communicated their views to the professional and the professional reasonably believes are acting consistent with their duties under Section <xref depth="3" refnumber="75A-9-116">75A-9-116</xref>.</subsection><subsection number="75A-9-112(3)"><subsection number="75A-9-112(3)(a)">If a responsible health care professional is informed that the members of the class who have communicated their views to the professional are evenly divided concerning the health care decision, the default surrogate who assumes authority under Section <xref depth="3" refnumber="75A-9-111">75A-9-111</xref> shall make a reasonable effort to solicit the views of members of the class who are reasonably available but have not yet communicated their views to the professional.</subsection><subsection number="75A-9-112(3)(b)">The professional, after the solicitation, shall comply with the decision of a majority of the members who have communicated their views to the professional and the professional reasonably believes are acting consistent with their duties under Section <xref depth="3" refnumber="75A-9-116">75A-9-116</xref>.</subsection></subsection><subsection number="75A-9-112(4)">If the class remains evenly divided after the effort is made under Subsection (3), the health care decision must be made as provided by other law of this state regarding the treatment of an individual who is found to lack capacity.</subsection></section><section number="75A-9-113"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Disqualification to act as default surrogate.</catchline><subsection number="75A-9-113(1)"><subsection number="75A-9-113(1)(a)">An individual for whom a health care decision would be made may disqualify another individual from acting as default surrogate for the first individual.</subsection><subsection number="75A-9-113(1)(b)">The disqualification must be in a record signed by the first individual or communicated verbally or nonverbally to the individual being disqualified, another individual, or a responsible health care professional.</subsection><subsection number="75A-9-113(1)(c)">Disqualification under this subsection is effective even if made by an individual who lacks capacity to make an advance directive if the individual clearly communicates a desire that the individual being disqualified not make health care decisions for the individual.</subsection></subsection><subsection number="75A-9-113(2)">An individual is disqualified from acting as a default surrogate for an individual who lacks capacity to make health care decisions if:<subsection number="75A-9-113(2)(a)">a court finds that the potential default surrogate poses a danger to the individual's well-being, even if the court does not issue a protective order against the potential surrogate;</subsection><subsection number="75A-9-113(2)(b)">the potential default surrogate is an owner, operator, employee, or contractor of a nursing home or assisted living facility in which the individual is residing or receiving care unless the owner, operator, employee, or contractor is a family member of the individual, the cohabitant of the individual, or a descendant of the cohabitant; or</subsection><subsection number="75A-9-113(2)(c)">the potential default surrogate refuses to provide a timely declaration under Subsection <xref refnumber="75A-9-111(3)" depth="4">75A-9-111(3)</xref>.</subsection></subsection></section><section number="75A-9-114"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Revocation.</catchline><subsection number="75A-9-114(1)">An individual may revoke the appointment of an agent, the designation of a default surrogate, or a health care instruction in whole or in part, unless:<subsection number="75A-9-114(1)(a)">a court finds the individual lacks capacity to do so; or</subsection><subsection number="75A-9-114(1)(b)">the individual is found under Subsection <xref depth="4" refnumber="75A-9-103(2)">75A-9-103(2)</xref> to lack capacity to do so and, if the individual objects to the finding, the finding is confirmed under Subsection <xref depth="4" refnumber="75A-9-104(4)(d)">75A-9-104(4)(d)</xref>.</subsection></subsection><subsection number="75A-9-114(2)">Revocation under Subsection (1) may be by any act of the individual that clearly indicates that the individual intends to revoke the appointment, designation, or instruction, including an oral statement to a health care professional.</subsection><subsection number="75A-9-114(3)">Except as provided in Section <xref depth="3" refnumber="75A-9-109">75A-9-109</xref>, an advance health care directive of an individual that conflicts with another advance health care directive of the individual revokes the earlier directive to the extent of the conflict.</subsection><subsection number="75A-9-114(4)">Unless otherwise provided in an individual's advance health care directive appointing an agent, the appointment of a spouse of an individual as agent for the individual is revoked if:<subsection number="75A-9-114(4)(a)">a petition for annulment, divorce, dissolution of marriage, legal separation, or termination has been filed and not dismissed or withdrawn;</subsection><subsection number="75A-9-114(4)(b)">a decree of annulment, divorce, dissolution of marriage, legal separation, or termination has been issued;</subsection><subsection number="75A-9-114(4)(c)">the individual and the spouse have agreed in a record to a legal separation; or</subsection><subsection number="75A-9-114(4)(d)">the spouse has willfully deserted the individual for more than one year.</subsection></subsection></section><section number="75A-9-115"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Validity of advance health care directive -- Conflict with other law.</catchline><subsection number="75A-9-115(1)">An advance health care directive created outside this state is valid if it complies with:<subsection number="75A-9-115(1)(a)">the law of the state specified in the directive or, if a state is not specified, the state in which the individual created the directive; or</subsection><subsection number="75A-9-115(1)(b)">this chapter.</subsection></subsection><subsection number="75A-9-115(2)">A person may assume without inquiry that an advance health care directive is genuine, valid, and still in effect, and may implement and rely on it, unless the person has good cause to believe the directive is invalid or has been revoked.</subsection><subsection number="75A-9-115(3)">An advance health care directive, revocation of a directive, or a signature on a directive or revocation may not be denied legal effect or enforceability solely because it is in electronic form.</subsection><subsection number="75A-9-115(4)">Evidence relating to an advance health care directive, revocation of a directive, or a signature on a directive or revocation may not be excluded in a proceeding solely because the evidence is in electronic form.</subsection><subsection number="75A-9-115(5)">This chapter does not affect the validity of an electronic record or signature that is valid under Title 46, Chapter 4, Uniform Electronic Transactions Act. </subsection><subsection number="75A-9-115(6)">If this chapter conflicts with other law of this state relating to the creation, execution, implementation, or revocation of an advance health care directive, this chapter prevails.</subsection></section><section number="75A-9-116"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Duties of agent or default surrogate.</catchline><subsection number="75A-9-116(1)">An agent or default surrogate has a fiduciary duty to the individual for whom the agent or default surrogate is acting when exercising or purporting to exercise a power under Section <xref depth="3" refnumber="75A-9-117">75A-9-117</xref>.</subsection><subsection number="75A-9-116(2)">An agent or default surrogate shall make a health care decision in accordance with the direction of the individual in an advance health care directive and other goals, preferences, and wishes of the individual to the extent known or reasonably ascertainable by the agent or default surrogate.</subsection><subsection number="75A-9-116(3)">If there is not a direction in an advance health care directive and the goals, preferences, and wishes of the individual regarding a health care decision are not known or reasonably ascertainable by the agent or default surrogate, the agent or default surrogate shall make the decision in accordance with the agent's or default surrogate's determination of the individual's best interest.</subsection><subsection number="75A-9-116(4)">In determining the individual's best interest under Subsection (3), the agent or default surrogate shall:<subsection number="75A-9-116(4)(a)">give primary consideration to the individual's contemporaneous communications, including verbal and nonverbal expressions;</subsection><subsection number="75A-9-116(4)(b)">consider the individual's values to the extent known or reasonably ascertainable by the agent or default surrogate; and</subsection><subsection number="75A-9-116(4)(c)">consider the risks and benefits of the potential health care decision.</subsection></subsection><subsection number="75A-9-116(5)">As soon as reasonably feasible, an agent or default surrogate who is informed of a revocation of an advance health care directive or disqualification of the agent or default surrogate shall communicate the revocation or disqualification to a responsible health care professional.</subsection></section><section number="75A-9-117"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Powers of agent and default surrogate.</catchline><subsection number="75A-9-117(1)"><subsection number="75A-9-117(1)(a)">Except as provided in Subsection (3), the power of an agent or default surrogate commences when the individual is found under Subsection <xref depth="4" refnumber="75A-9-103(2)">75A-9-103(2)</xref> or by a court to lack capacity to make a health care decision.</subsection><subsection number="75A-9-117(1)(b)">The power ceases if the individual later is found to have capacity to make a health care decision, or the individual objects under Subsection <xref depth="4" refnumber="75A-9-104(3)">75A-9-104(3)</xref> to the finding of lack of capacity under Subsection <xref depth="4" refnumber="75A-9-103(2)">75A-9-103(2)</xref>.</subsection><subsection number="75A-9-117(1)(c)">The power resumes if:<subsection number="75A-9-117(1)(c)(i)">the power ceased because the individual objected under Subsection <xref depth="4" refnumber="75A-9-104(3)">75A-9-104(3)</xref>; and</subsection><subsection number="75A-9-117(1)(c)(ii)">the finding of lack of capacity is confirmed under Subsection <xref depth="4" refnumber="75A-9-104(4)(d)">75A-9-104(4)(d)</xref> or a court finds that the individual lacks capacity to make a health care decision.</subsection></subsection></subsection><subsection number="75A-9-117(2)">An agent or default surrogate may request, receive, examine, copy, and consent to the disclosure of medical and other health care information about the individual if the individual would have the right to request, receive, examine, copy, or consent to the disclosure of the information.</subsection><subsection number="75A-9-117(3)">A power of attorney for health care may provide that the power of an agent under Subsection (1) commences on appointment.</subsection><subsection number="75A-9-117(4)"><subsection number="75A-9-117(4)(a)">If no other person is authorized to do so, an agent or default surrogate may apply for public or private health insurance and benefits on behalf of the individual.</subsection><subsection number="75A-9-117(4)(b)">An agent or default surrogate who may apply for insurance and benefits does not, solely by reason of the power, have a duty to apply for the insurance or benefits.</subsection></subsection><subsection number="75A-9-117(5)">An agent or default surrogate may not consent to voluntary admission of the individual to a facility for mental health treatment unless:<subsection number="75A-9-117(5)(a)">voluntary admission is specifically authorized by the individual in an advance health care directive in a record; and</subsection><subsection number="75A-9-117(5)(b)">the admission is for no more than the maximum of the number of days specified in the directive.</subsection></subsection><subsection number="75A-9-117(6)">Except as provided in Subsection (7), an agent or default surrogate may not consent to placement of the individual in a nursing home if the placement is intended to be for more than 100 days if:<subsection number="75A-9-117(6)(a)">an alternative living arrangement is reasonably feasible;</subsection><subsection number="75A-9-117(6)(b)">the individual objects to the placement; or</subsection><subsection number="75A-9-117(6)(c)">the individual is not terminally ill.</subsection></subsection><subsection number="75A-9-117(7)">If specifically authorized by the individual in an advance health care directive in a record, an agent or default surrogate may consent to placement of the individual in a nursing home for more than 100 days even if:<subsection number="75A-9-117(7)(a)">an alternative living arrangement is reasonably feasible;</subsection><subsection number="75A-9-117(7)(b)">the individual objects to the placement; and</subsection><subsection number="75A-9-117(7)(c)">the individual is not terminally ill.</subsection></subsection></section><section number="75A-9-118"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Limitations on powers.</catchline><subsection number="75A-9-118(1)">If an individual has a long-term disability requiring routine treatment by artificial nutrition, hydration, or mechanical ventilation and a history of using the treatment without objection, an agent or default surrogate may not consent to withhold or withdraw the treatment unless:<subsection number="75A-9-118(1)(a)">the treatment is not necessary to sustain the individual's life or maintain the individual's well-being;</subsection><subsection number="75A-9-118(1)(b)">the individual has expressly authorized the withholding or withdrawal in a health care instruction that has not been revoked; or</subsection><subsection number="75A-9-118(1)(c)">the individual has experienced a major reduction in health or functional ability from which the individual is not expected to recover, even with other appropriate treatment, and the individual has not:<subsection number="75A-9-118(1)(c)(i)">given a direction inconsistent with withholding or withdrawal; or</subsection><subsection number="75A-9-118(1)(c)(ii)">communicated by verbal or nonverbal expression a desire for artificial nutrition, hydration, or mechanical ventilation.</subsection></subsection></subsection><subsection number="75A-9-118(2)">A default surrogate may not make a health care decision if, under other law of this state, the decision:<subsection number="75A-9-118(2)(a)">may not be made by a guardian; or</subsection><subsection number="75A-9-118(2)(b)">may be made by a guardian only if the court appointing the guardian specifically authorizes the guardian to make the decision.</subsection></subsection></section><section number="75A-9-119"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Co-agents -- Alternate agent.</catchline><subsection number="75A-9-119(1)"><subsection number="75A-9-119(1)(a)">An individual in a power of attorney for health care may appoint multiple individuals as co-agents.</subsection><subsection number="75A-9-119(1)(b)">Unless the power of attorney provides otherwise, each co-agent may exercise independent authority.</subsection></subsection><subsection number="75A-9-119(2)">An individual in a power of attorney for health care may appoint one or more individuals to act as alternate agents if a predecessor agent resigns, dies, becomes disqualified, is not reasonably available, or otherwise is unwilling or unable to act as agent.</subsection><subsection number="75A-9-119(3)">Unless the power of attorney provides otherwise, an alternate agent has the same authority as the original agent:<subsection number="75A-9-119(3)(a)">at any time the original agent is not reasonably available or is otherwise unwilling or unable to act, for the duration of the unavailability, unwillingness, or inability to act; or</subsection><subsection number="75A-9-119(3)(b)">if the original agent and all other predecessor agents have resigned or died or are disqualified from acting as agent.</subsection></subsection></section><section number="75A-9-120"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Duties of health care professional, responsible health care professional, and health care institution.</catchline><subsection number="75A-9-120(1)">A responsible health care professional who is aware that an individual has been found to lack capacity to make a decision shall make a reasonable effort to determine if the individual has a surrogate.</subsection><subsection number="75A-9-120(2)">If possible before implementing a health care decision made by a surrogate, a responsible health care professional as soon as reasonably feasible shall communicate to the individual the decision made and the identity of the surrogate.</subsection><subsection number="75A-9-120(3)">A responsible health care professional who makes or is informed of a finding that an individual lacks capacity to make a health care decision or no longer lacks capacity, or that other circumstances exist that affect a health care instruction or the authority of a surrogate, as soon as reasonably feasible, shall:<subsection number="75A-9-120(3)(a)">document the finding or circumstance in the individual's medical record; and</subsection><subsection number="75A-9-120(3)(b)">if possible, communicate to the individual and the individual's surrogate the finding or circumstance and that the individual may object under Subsection <xref depth="4" refnumber="75A-9-104(3)">75A-9-104(3)</xref> to the finding under Subsection <xref depth="4" refnumber="75A-9-103(2)">75A-9-103(2)</xref>.</subsection></subsection><subsection number="75A-9-120(4)">A responsible health care professional who is informed that an individual has created or revoked an advance health care directive, or that a surrogate for an individual has been appointed, designated, or disqualified, shall:<subsection number="75A-9-120(4)(a)">document the information as soon as reasonably feasible in the individual's medical record; and</subsection><subsection number="75A-9-120(4)(b)">if evidence of the directive, revocation, appointment, designation, or disqualification is in a record, request a copy and, on receipt, cause the copy to be included in the individual's medical record.</subsection></subsection><subsection number="75A-9-120(5)">Except as provided in Subsections (6) and (7), a health care professional or health care institution providing health care to an individual shall comply with:<subsection number="75A-9-120(5)(a)">a health care instruction given by the individual regarding the individual's health care;</subsection><subsection number="75A-9-120(5)(b)">a reasonable interpretation by the individual's surrogate of an instruction given by the individual; and</subsection><subsection number="75A-9-120(5)(c)">a health care decision for the individual made by the individual's surrogate in accordance with Sections <xref depth="3" refnumber="75A-9-116">75A-9-116</xref> and <xref depth="3" refnumber="75A-9-117">75A-9-117</xref> to the same extent as if the decision had been made by the individual at a time when the individual had capacity.</subsection></subsection><subsection number="75A-9-120(6)">A health care professional or a health care institution may refuse to provide health care consistent with a health care instruction or health care decision if:<subsection number="75A-9-120(6)(a)">the instruction or decision is contrary to a policy of the health care institution providing care to the individual that is based expressly on reasons of conscience and the policy was timely communicated to the individual or to the individual's surrogate;</subsection><subsection number="75A-9-120(6)(b)">the care would require health care that is not available to the professional or institution; or</subsection><subsection number="75A-9-120(6)(c)">compliance with the instruction or decision would:<subsection number="75A-9-120(6)(c)(i)">require the professional to provide care that is contrary to the professional's religious belief or moral conviction if other law permits the professional to refuse to provide care for that reason;</subsection><subsection number="75A-9-120(6)(c)(ii)">require the professional or institution to provide care that is contrary to generally accepted health care standards applicable to the professional or institution; or</subsection><subsection number="75A-9-120(6)(c)(iii)">violate a court order or other law.</subsection></subsection></subsection><subsection number="75A-9-120(7)">A health care professional or health care institution that refuses to provide care under Subsection (6) shall:<subsection number="75A-9-120(7)(a)">as soon as reasonably feasible, inform the individual, if possible, and the individual's surrogate of the refusal;</subsection><subsection number="75A-9-120(7)(b)">immediately make a reasonable effort to transfer the individual to another health care professional or health care institution that is willing to comply with the instruction or decision; and</subsection><subsection number="75A-9-120(7)(c)">either:<subsection number="75A-9-120(7)(c)(i)">if care is refused under Subsection (6)(a) or (b), provide life-sustaining care and care needed to keep or make the individual comfortable, consistent with accepted medical standards to the extent feasible, until a transfer is made; or</subsection><subsection number="75A-9-120(7)(c)(ii)">if care is refused under Subsection (6)(c), provide life-sustaining care and care needed to keep or make the individual comfortable, consistent with accepted medical standards, until a transfer is made or, if the professional or institution reasonably believes that a transfer cannot be made, for at least 10 days after the refusal.</subsection></subsection></subsection></section><section number="75A-9-121"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Decision by guardian.</catchline><subsection number="75A-9-121(1)">A guardian may refuse to comply with or revoke the individual's advance health care directive only if the court appointing the guardian expressly orders the noncompliance or revocation.</subsection><subsection number="75A-9-121(2)">Unless a court orders otherwise, a health care decision made by an agent appointed by an individual subject to guardianship prevails over a decision of the guardian appointed for the individual.</subsection></section><section number="75A-9-122"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Immunity.</catchline><subsection number="75A-9-122(1)">A health care professional or health care institution acting in good faith is not subject to civil or criminal liability or to discipline for unprofessional conduct for:<subsection number="75A-9-122(1)(a)">complying with a health care decision made for an individual by another person if compliance is based on a reasonable belief that the person has authority to make the decision, including a decision to withhold or withdraw health care;</subsection><subsection number="75A-9-122(1)(b)">refusing to comply with a health care decision made for an individual by another person if the refusal is based on a reasonable belief that the person lacked authority or capacity to make the decision;</subsection><subsection number="75A-9-122(1)(c)">complying with an advance health care directive based on a reasonable belief that the directive is valid;</subsection><subsection number="75A-9-122(1)(d)">refusing to comply with an advance health care directive based on a reasonable belief that the directive is not valid, including a reasonable belief that the directive was not made by the individual or, after its creation, was substantively altered by a person other than the individual who created it; or</subsection><subsection number="75A-9-122(1)(e)">determining that an individual who otherwise might be authorized to act as an agent or default surrogate is not reasonably available.</subsection></subsection><subsection number="75A-9-122(2)">An agent, default surrogate, or individual with a reasonable belief that the individual is an agent or a default surrogate is not subject to civil or criminal liability or to discipline for unprofessional conduct for a health care decision made in a good faith effort to comply with Section <xref depth="3" refnumber="75A-9-116">75A-9-116</xref>.</subsection></section><section number="75A-9-123"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Prohibited conduct -- Damages.</catchline><subsection number="75A-9-123(1)">A person may not:<subsection number="75A-9-123(1)(a)">intentionally falsify, in whole or in part, an advance health care directive;</subsection><subsection number="75A-9-123(1)(b)">for the purpose of frustrating the intent of the individual who created an advance health care directive or with knowledge that doing so is likely to frustrate the intent:<subsection number="75A-9-123(1)(b)(i)">intentionally conceal, deface, obliterate, or delete the directive or a revocation of the directive without consent of the individual who created or revoked the directive; or</subsection><subsection number="75A-9-123(1)(b)(ii)">intentionally withhold knowledge of the existence or revocation of the directive from a responsible health care professional or health care institution providing health care to the individual who created or revoked the directive;</subsection></subsection><subsection number="75A-9-123(1)(c)">coerce or fraudulently induce an individual to create, revoke, or refrain from creating or revoking an advance health care directive or a part of a directive; or</subsection><subsection number="75A-9-123(1)(d)">require or prohibit the creation or revocation of an advance health care directive as a condition for providing health care.</subsection></subsection><subsection number="75A-9-123(2)">An individual who is the subject of conduct prohibited under Subsection (1), or the individual's estate, has a cause of action against a person that violates Subsection (1) for statutory damages of $25,000 or actual damages resulting from the violation, whichever is greater.</subsection><subsection number="75A-9-123(3)">Subject to Subsection (4), an individual who makes a health care instruction, or the individual's estate, has a cause of action against a health care professional or health care institution that intentionally violates Section <xref depth="3" refnumber="75A-9-120">75A-9-120</xref> for statutory damages of $50,000 or actual damages resulting from the violation, whichever is greater.</subsection><subsection number="75A-9-123(4)">A health care professional who is an emergency medical services provider is not liable under Subsection (3) for a violation of Subsection <xref depth="4" refnumber="75A-9-120(5)">75A-9-120(5)</xref> if:<subsection number="75A-9-123(4)(a)">the violation occurs in the course of providing care to an individual experiencing a health condition for which the emergency medical services provider reasonably believes the care was appropriate to avoid imminent loss of life or serious harm to the individual;</subsection><subsection number="75A-9-123(4)(b)">the failure to comply is consistent with accepted standards of the profession of the emergency medical services provider; and</subsection><subsection number="75A-9-123(4)(c)">the provision of care does not begin in a health care institution in which the individual resides or was receiving care.</subsection></subsection><subsection number="75A-9-123(5)">In an action under this section, a prevailing plaintiff may recover reasonable attorney fees, court costs, and other reasonable litigation expenses.</subsection><subsection number="75A-9-123(6)">A cause of action or remedy under this section is in addition to any cause of action or remedy under other law.</subsection></section><section number="75A-9-124"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Effect of copy -- Certified physical copy.</catchline><subsection number="75A-9-124(1)">A physical or electronic copy of an advance health care directive, revocation of an advance health care directive, or appointment, designation, or disqualification of a surrogate has the same effect as the original.</subsection><subsection number="75A-9-124(2)">An individual may create a certified physical copy of an advance health care directive or revocation of an advance health care directive that is in electronic form by affirming under penalty of perjury that the physical copy is a complete and accurate copy of the directive or revocation.</subsection></section><section number="75A-9-125"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Judicial relief.</catchline><subsection number="75A-9-125(1)">On petition of an individual, the individual's surrogate, a health care professional or health care institution providing health care to the individual, or a person interested in the welfare of the individual, the court may:<subsection number="75A-9-125(1)(a)">enjoin implementation of a health care decision made by an agent or default surrogate on behalf of the individual, on a finding that the decision is inconsistent with Section <xref depth="3" refnumber="75A-9-116">75A-9-116</xref> or <xref depth="3" refnumber="75A-9-117">75A-9-117</xref>;</subsection><subsection number="75A-9-125(1)(b)">enjoin an agent from making a health care decision for the individual, on a finding that the individual's appointment of the agent has been revoked or the agent:<subsection number="75A-9-125(1)(b)(i)">is disqualified under Subsection <xref refnumber="75A-9-107(2)" depth="4">75A-9-107(2)</xref>;</subsection><subsection number="75A-9-125(1)(b)(ii)">is unwilling or unable to comply with Section <xref depth="3" refnumber="75A-9-116">75A-9-116</xref>; or</subsection><subsection number="75A-9-125(1)(b)(iii)">poses a danger to the individual's well-being;</subsection></subsection><subsection number="75A-9-125(1)(c)">enjoin another individual from acting as a default surrogate, on a finding that the other individual:<subsection number="75A-9-125(1)(c)(i)">acting as a default surrogate did not comply with Section <xref depth="3" refnumber="75A-9-111">75A-9-111</xref>;</subsection><subsection number="75A-9-125(1)(c)(ii)">is disqualified under Section <xref depth="3" refnumber="75A-9-113">75A-9-113</xref>;</subsection><subsection number="75A-9-125(1)(c)(iii)">is unwilling or unable to comply with Section <xref depth="3" refnumber="75A-9-116">75A-9-116</xref>;</subsection><subsection number="75A-9-125(1)(c)(iv)">poses a danger to the first individual's well-being; or</subsection></subsection><subsection number="75A-9-125(1)(d)">order implementation of a health care decision made:<subsection number="75A-9-125(1)(d)(i)">by and for the individual; or</subsection><subsection number="75A-9-125(1)(d)(ii)">by an agent or default surrogate who is acting in compliance with the powers and duties of the agent or default surrogate.</subsection></subsection></subsection><subsection number="75A-9-125(2)">In this chapter, advocacy for the withholding or withdrawal of health care or mental health care from an individual is not itself evidence that an agent or default surrogate, or a potential agent or default surrogate, poses a danger to the individual's well-being.</subsection><subsection number="75A-9-125(3)">A proceeding under this chapter is governed by the Utah Rules of Civil Procedure and shall be expedited by the court.</subsection></section><section number="75A-9-126"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Construction.</catchline><subsection number="75A-9-126(1)">This chapter does not authorize mercy killing, assisted suicide, or euthanasia.</subsection><subsection number="75A-9-126(2)">This chapter does not affect other law of this state governing treatment for mental illness of an individual involuntarily committed under Section <xref depth="3" refnumber="26B-5-332">26B-5-332</xref>.</subsection><subsection number="75A-9-126(3)">Death of an individual caused by withholding or withdrawing health care in accordance with this chapter does not constitute a suicide or homicide or legally impair or invalidate a policy of insurance or an annuity providing a death benefit, notwithstanding any term of the policy or annuity.</subsection><subsection number="75A-9-126(4)">This chapter does not create a presumption concerning the intention of an individual who has not created an advance health care directive.</subsection><subsection number="75A-9-126(5)">An advance health care directive created before, on, or after January 1, 2026, shall be interpreted in accordance with law of this state, excluding the state's choice-of-law rules, at the time the directive is implemented.</subsection></section><section number="75A-9-127"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Uniformity of application and construction.</catchline>In applying and construing this uniform act, a court shall consider the promotion of uniformity of the law among jurisdictions that enact it.</section><section number="75A-9-128"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Saving provision.</catchline><subsection number="75A-9-128(1)">An advance health care directive created before January 1, 2026, is valid if it complies with this chapter or complied at the time of creation with the law of the state in which it was created.</subsection><subsection number="75A-9-128(2)">This chapter does not affect the validity or effect of an act done before January 1, 2026.</subsection><subsection number="75A-9-128(3)">An individual who assumed authority to act as default surrogate before January 1, 2026, may continue to act as default surrogate until the individual for whom the default surrogate is acting has capacity or the default surrogate is disqualified, whichever occurs first.</subsection></section><section number="75A-9-129"><histories><history>Enacted by Chapter <modchap sess="2025GS">439</modchap>, 2025 General Session</history><modyear>2025</modyear></histories><catchline>Transitional provision.</catchline>This chapter applies to an advance health care directive created before, on, or after January 1, 2026.</section></chapter>