Title 72, Title 72

(1) Whenever a professional person, as defined in 53-21-102, has reason to believe that any person is in need of the appointment of a conservator for the effective management of the person's property or affairs under this part and that the person has no relative, friend, or other…

The court has the following powers that may be exercised directly or through a conservator in respect to the estate and affairs of protected persons: (1) While a petition for appointment of a conservator or other protective order is pending and after preliminary hearing and witho…

(1) If it is established in a proper proceeding that a basis exists as described in 72-5-409 for affecting the property and affairs of a person, the court without appointing a conservator may authorize, direct, or ratify any transaction necessary or desirable to achieve any secur…

In the exercise of a conservator's powers, a conservator is to act as a fiduciary and shall observe the standards of care applicable to trustees.

(1) Within 90 days after appointment, a conservator shall prepare and file with the appointing court a complete inventory of the estate of the protected person, together with the conservator's oath or affirmation that it is complete and accurate so far as the conservator is infor…

(1) The appointment of a conservator vests in the conservator title as trustee to all property of the protected person presently held or thereafter acquired, including title to any property previously held for the protected person by custodians or attorneys-in-fact. (2) The appoi…

(1) Letters of conservatorship are evidence of transfer of all assets of a protected person to the conservator. An order terminating a conservatorship is evidence of transfer of all assets of the estate from the conservator to the protected person or the protected person's succes…

(1) A conservator has all of the powers conferred in this section and any additional powers conferred by law on trustees in this state. In addition, a conservator of the estate of an unmarried minor under 18 years of age, as to whom no one has parental rights, has the duties and …

(1) A conservator may expend or distribute income or principal of the estate without court authorization or confirmation for the support, education, care, or benefit of the protected person and the protected person's dependents in accordance with the following principles: (a) The…

(1) When a minor who has not been adjudged disabled under 72-5-409(2) attains majority, the minor's conservator, after meeting all prior claims and expenses of administration, shall pay over and distribute all funds and properties to the former protected person as soon as possibl…

(1) Subject to the restrictions in 72-5-421(4), the court may confer on a conservator at the time of appointment or later, in addition to the powers conferred on the conservator by 72-5-427, 72-5-428, and 72-5-429, any power that the court itself could exercise under 72-5-421(2) …

In investing the estate and in selecting assets of the estate for distribution under 72-5-428 and in utilizing powers of revocation or withdrawal available for the support of the protected person and exercisable by the conservator or the court, the conservator and the court shall…

If not otherwise compensated for services rendered, any visitor, lawyer, physician, conservator, or special conservator appointed in a protective proceeding is entitled to reasonable compensation from the estate.

(1) A conservator shall pay from the estate all just claims against the estate and against the protected person arising before or after the conservatorship upon their presentation and allowance. A claim may be presented by either of the following methods: (a) The claimant may del…

Any sale or encumbrance to a conservator, to the conservator's spouse, agent, or attorney, or to any corporation or trust in which the conservator has a substantial beneficial interest or any transaction that is affected by a substantial conflict of interest is voidable unless th…

(1) A person who in good faith either assists a conservator or deals with the conservator for value in any transaction other than those requiring a court order as provided in 72-5-421 is protected as if the conservator properly exercised the power. The fact that a person knowingl…

(1) Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in the conservator's fiduciary capacity in the course of administration of the estate unless the conservator fails to reveal the representative capacity and…

The protected person, the protected person's personal representative, the conservator, or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in an original pr…

(1) Each conservator shall account to the court for administration of the trust not less than annually, unless the court directs otherwise, upon resignation or removal, and at other times as the court may direct. On termination of the protected person's minority or disability, a …

(1) A person indebted to a protected person or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person may pay or deliver to a conservator, guardian of the estate, or other fiduciary appointed by a court of th…

(1) The conservator or other interested person may file a petition under 72-5-444 through 72-5-450 for an order of the court authorizing or requiring the conservator to take a proposed action for any one or more of the following purposes: (a) benefiting the protected person or th…

Notice of the hearing of the petition must be given, regardless of age, for the period and in the manner provided by 72-1-301 to all of the following: (1) the persons required to be named in a petition for the appointment of a conservator; (2) so far as is known to the petitioner…

The court may make an order authorizing or requiring the proposed action under 72-5-444 through 72-5-450 only if the court determines all of the following: (1) the protected person either: (a) is not opposed to the proposed action; or (b) if opposed to the proposed action, lacks …

In determining whether to authorize or require a proposed action under 72-5-444 through 72-5-450, the court shall take into consideration all of the relevant circumstances, which may include but are not limited to the following: (1) whether the protected person has legal capacity…

After hearing, the court in its discretion may approve, modify and approve, or disapprove the proposed action and may authorize or direct the conservator to transfer or dispose of assets or take other action as provided in the court's order.

Nothing in 72-5-444 through 72-5-450 imposes any duty on the conservator to propose any action under 72-5-444 through 72-5-450, and the conservator is not liable for failure to propose any action under 72-5-444 through 72-5-450.

(1) As used in this section, "estate plan of the protected person" includes but is not limited to: (a) the protected person's will; (b) any trust of which the protected person is the settlor or beneficiary; (c) any power of appointment created by or exercisable by the protected p…

(1) A durable health care power of attorney is a power of attorney by which a principal designates another as the principal's attorney-in-fact or agent in writing and the writing contains the words, "This health care power of attorney is not affected by subsequent disability or i…

(1) The disability or incapacity of a principal who has previously executed a health care power of attorney that is not a durable health care power does not revoke or terminate the agency as to the attorney-in-fact or other person who, without actual knowledge of the disability o…

This part may be cited as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act".

In this part, the following definitions apply: (1) "Adult" means an individual who has attained 18 years of age. (2) "Conservator" means a person appointed by the court to administer the property of an adult, including a person appointed under 53-20-141, 53-21-141, or Title 72, c…

A court of this state may treat a foreign country as if it were a state for the purpose of applying 72-5-601 through 72-5-606, 72-5-611 through 72-5-619, 72-5-624, 72-5-625, 72-5-636, and 72-5-637.

(1) A court of this state may communicate with a court in another state concerning a proceeding arising under this part. The court may allow the parties to participate in the communication. Except as otherwise provided in subsection (2), the court shall make a record of the commu…

(1) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following: (a) hold an evidentiary hearing; (b) order a person in that state to produce evidence or give testimony pursuant to p…

(1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its…

(1) In 72-5-611 through 72-5-619, the following definitions apply: (a) "Emergency" means a circumstance that likely will result in substantial harm to a respondent's health, safety, or welfare and for which the appointment of a guardian is necessary because no other person has au…

Sections 72-5-611 through 72-5-619 provide the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.

A court of this state has jurisdiction to appoint a guardian or issue a protective order for a respondent if: (1) this state is the respondent's home state; (2) on the date the petition is filed, this state is a significant-connection state and: (a) the respondent does not have a…

(1) A court of this state lacking jurisdiction under 72-5-613(1) through (3) has special jurisdiction to do any of the following: (a) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state; (b) issue a protecti…

Except as otherwise provided in 72-5-614, a court that has appointed a guardian or issued a protective order consistent with this part has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own …

(1) A court of this state having jurisdiction under 72-5-613 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum. (2) If a court of this state declines to…

(1) If at any time a court of this state determines that it acquired jurisdiction to appoint a guardian or issue a protective order because of unjustifiable conduct, the court may: (a) decline to exercise jurisdiction; (b) exercise jurisdiction for the limited purpose of fashioni…

If a petition for the appointment of a guardian or issuance of a protective order is brought in this state and this state was not the respondent's home state on the date the petition was filed, in addition to complying with the notice requirements of this state, notice of the pet…

Except for a petition for the appointment of a guardian in an emergency or issuance of a protective order limited to property located in this state under 72-5-614(1)(a) or (1)(b), if a petition for the appointment of a guardian or issuance of a protective order is filed in this s…

(1) A guardian or conservator appointed in this state may petition the court to transfer the guardianship or conservatorship to another state. (2) Notice of a petition under subsection (1) must be given to the persons that would be entitled to notice of a petition in this state f…

(1) To confirm transfer of a guardianship or conservatorship transferred to this state under provisions similar to 72-5-624, the guardian or conservator shall petition the court in this state to accept the guardianship or conservatorship. The petition must include a certified cop…