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 § 75A-2-108

Title 75AFiduciaries

Ch. 75A-2Uniform Power of Attorney Act

Part 75A-2-1General Provisions

This text of Utah § 75A-2-108 (Nomination of conservator or guardian -- Adequacy of power of attorney -- Relation of agent to conservator or other fiduciary.) is published on Counsel Stack Legal Research, covering Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Utah Code Ann. § 75A-2-108 (2026).

Text

(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.