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Utah Code § 75A-2-108

Nomination of conservator or guardian -- Adequacy of power of attorney -- Relation of agent to conservator or other fiduciary

Renumbered and Amended by Chapter 364, 2024 General Session

(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.

Official source: Utah State Legislature. Reproduced from public-domain Utah statutes; confirm against the official source for the current text. Not legal advice.