Title 75A
Chapter 2
Part 1
Section 108
| Index | Utah Code |
| Title 75A | Fiduciaries |
| Chapter 2 | Uniform Power of Attorney Act |
| Part 1 | General Provisions |
| Section 108 | Nomination of conservator or guardian -- Adequacy of power of attorney -- Relation of agent to conservator or other fiduciary.
(Effective 9/1/2024)
|
Effective 9/1/2024
75A-2-108.
Nomination of conservator or guardian -- Adequacy of power of attorney -- Relation of agent to conservator or other fiduciary.
| (1) | In a power of attorney, a principal may nominate a conservator of the principal's estate or a guardian of the principal's person for consideration by the court if protective proceedings, as defined in Section 75-1-201, for the principal's estate or person are begun after the principal executes the power of attorney. |
| (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:
| (a) | the provisions in the power of attorney are adequate to manage and protect the principal's estate without appointing a conservator; or |
| (b) | the appointment of a conservator is necessary to manage and protect the principal's estate. |
|
| (3) | If the court appoints a conservator of the principal's estate or a guardian of the principal's person, the court shall appoint a conservator or a guardian in accordance with the principal's most recent nomination unless there is good cause shown or disqualification. |
| (4) | If, after a principal executes a power of attorney, the court determines that an appointment of a conservator or other fiduciary is necessary to manage and protect some or all of the principal's estate:
| (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 |
| (b) | the power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court. |
|
Renumbered and Amended by Chapter
364, 2024 General Session