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2022 Utah Code
Title 75 - Utah Uniform Probate Code
Chapter 9 - 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.
Universal Citation: UT Code § 75-9-108 (2022)
Effective 5/4/2022
75-9-108. Nomination of conservator or guardian -- Adequacy of power of attorney -- Relation of agent to conservator or other fiduciary.
Amended by Chapter 138, 2022 General Session
75-9-108. 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 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.
Amended by Chapter 138, 2022 General Session
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