Utah § 75A-2-108 Nomination of conservator or guardian -- Adequacy of power of attorney -- Relation of agent to conservator or other fiduciary.

Utah Statutes

§ 75A-2-108 — Nomination of conservator or guardian -- Adequacy of power of attorney -- Relation of agent to conservator or other fiduciary.

Utah·Title 75A Fiduciaries·Ch. 75A-2 Uniform Power of Attorney Act·Part 75A-2-1 General Provisions

(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:

(2)(a) the provisions in the power of attorney are adequate to manage and protect the principal's estate without appointing a conservator; or

(2)(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

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(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:
(2)(a) the provisions in the power of attorney are adequate to manage and protect the principal's estate without appointing a conservator; or
(2)(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:
(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
(4)(b) the power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court.

Utah § 75A-2-108 (Nomination of conservator or guardian -- Adequacy of power of attorney -- Relation of agent to conservator or other fiduciary.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.