Title 75, Title 75: Utah Uniform Probate Code

75-5-417. General duty of conservator. (1) A conservator shall act as a fiduciary and shall observe the standards of care as set forth in Section. 75B-2-902 (2) For all estates in excess of $50,000 excluding the residence owned by the ward, the conservator shall send a report wit…

75-5-418. Inventory and records. (1) Within 90 days after appointment of a conservator, the conservator shall prepare and file with the appointing court a complete inventory of the estate of the protected person together with an oath or affirmation that it is complete and accurat…

75-5-419. Accounts. (1) Every conservator must account to the court for the administration of the estate upon resignation or removal and at any other times the court may direct. (2) On termination of the protected person's minority or disability, a conservator may account to the …

75-5-420. Conservators -- Title by appointment. (1) The appointment of a conservator vests in the conservator title as fiduciary to all property of the protected person, presently held or thereafter acquired, not including the assets of a trust, including title to any property pr…

75-5-421. Recording of conservator's letters. (1) Letters of conservatorship are evidence of transfer of the assets of a protected person to the conservator. An order terminating a conservatorship is evidence of transfer of the assets of the estate from the conservator to the pro…

75-5-422. Sale, encumbrance or transaction involving conflict of interest -- Voidable -- Exceptions. Any sale or encumbrance to a conservator, his spouse, agent, or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which i…

75-5-423. Persons dealing with conservators -- Protection. A person who in good faith either assists a conservator or deals with him for value in any transaction, other than those requiring a court order as provided in Section, is protected as if the conservator properly exercise…

75-5-424. Powers of conservator in administration. (1) A conservator has all of the powers conferred in this chapter and any additional powers conferred by law on trustees in this state. In addition, a conservator of the estate of an unmarried minor as to whom no one has parental…

75-5-425. Distributive duties and powers of conservator. (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 depend…

75-5-426. Enlargement or limitation of powers of conservator. Subject to the restrictions of Subsection, the court may confer on a conservator at the time of appointment or later, in addition to the powers conferred on him by Sectionsand, any power which the court itself could ex…

75-5-427. Preservation of estate plan. In investing the estate, and in selecting assets of the estate for distribution under Subsectionsand, in utilizing powers of revocation or withdrawal available for the support of the protected person, and exercisable by the conservator or th…

75-5-428. Claims against protected person -- Enforcement. (1) A conservator must 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 …

75-5-429. Individual liability of conservator. (1) Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his represe…

75-5-430. Termination of proceeding. The protected person, his 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…

75-5-431. Payment of debt and delivery of property to foreign conservator without local proceedings. (1) Any 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, m…

75-5-432. Foreign conservator -- Proof of authority -- Bond -- Powers. If no local conservator has been appointed and no petition in a protective proceeding is pending in this state, a domiciliary foreign conservator may file with a court in this state in a county in which proper…

75-5-433. Embezzlement of protected person's estate -- Citation to person suspected. Upon petition made by any interested person against anyone suspected of having concealed, embezzled, or conveyed away any of the money, goods or effects, or an instrument in writing, belonging to…

75-5-601. Definitions for part. As used in this part: (1) "Individual with a severe intellectual disability" means an adult who: has lifelong functional limitations to the extent that the adult is incapacitated; and has received a diagnosis from a physician or psychologist of a s…

75-5-602. Applicability of this part. (1) This part only applies to a guardianship for an adult for whom there is a signed letter or report from a physician or psychologist that indicates that the adult is an individual with a severe intellectual disability. (2) Except as provide…

75-5-603. Rights of an individual with a severe intellectual disability. (1) An adult, who is allegedly incapacitated and for whom there is a signed letter or report from a physician or psychologist that indicates that the adult is an individual with a severe intellectual disabil…

75-5-604. Petition for guardianship of an individual with a severe intellectual disability -- Venue -- Proceedings. (1) A person interested in an adult's welfare may petition a court for a finding that: the adult is an individual with a severe intellectual disability; and the app…

75-5-605. Notices for guardianship proceedings. (1) Upon a petition for the appointment or removal of a guardian for an adult who is an individual with a severe intellectual disability, or is alleged to be an individual with a severe intellectual disability, other than the appoin…

75-5-606. Appointment of counsel. (1) Except as provided in Subsection (2), the court shall appoint an attorney to represent a respondent on a petition for guardianship unless the respondent has counsel of the respondent's own choice. The respondent shall pay the costs of an atto…

75-5-607. Appointment of physician, psychologist, physician assistant, or court visitor. (1) The court may appoint a physician, a psychologist, or a physician assistant to examine the respondent. If the court appoints a physician. a psychologist, or a physician assistant under Su…

75-5-608. Emergency or temporary guardian. (1) If a respondent does not have a guardian and an emergency exists, the court may, without notice, appoint an emergency guardian for the respondent for a specified period not to exceed 30 days pending notice and a hearing. The court ma…

75-5-609. Findings by court -- Appointment of guardian -- Acceptance of appointment. (1) The court may appoint a guardian for a respondent if the court finds: the respondent is an individual with a severe intellectual disability; and the appointment of a guardian is necessary or …

75-5-610. Who may be a guardian -- Coguardians. (1) Unless the court finds there is good cause that the person should not serve as guardian, the court shall appoint a guardian for an individual with a severe intellectual disability in the following order of priority: a parent of …

75-5-611. Duties, powers, and rights of a guardian for an individual with a severe intellectual disability in a full guardianship. (1) This section only applies to a guardian who is appointed by a court for an individual with a severe intellectual disability in a full guardianshi…

75-5-612. Removal or resignation of a guardian. (1) On a petition of resignation from a guardian of an individual with a severe intellectual disability, the court may: accept the guardian's resignation; or make any other order that is appropriate. (2) On a petition of removal of …

75-5-613. Termination of guardianship for an individual with a severe intellectual disability. (1) An individual with a severe intellectual disability, or any person interested in the individual's welfare, may petition for an order: that the individual is not an individual with a…

75-5-701. Definitions. As used in this part: (1) "Abuse" means the same as that term is defined in Section. 26B-6-201 (2) "Coercion" means influencing or attempting to influence a principal using force, threats, or intimidation. (3) "Covered entity" means the same as that term is…

75-5-702. Purposes of part. The purposes of this part are to: (1) provide a principal assistance in: gathering and assessing information; understanding options, responsibilities, and consequences of a decision; and communicating decisions for a principal if the principal wants as…

75-5-703. Interpretation of part. This part shall be construed and applied in accordance with the following principles: (1) a principal should be able to: live in the manner in which the principal wishes; and make decisions about accepting or refusing support, assistance, or prot…

75-5-704. Supported decision-making agreement. (1) Subject to Subsectionsand (6), an individual may enter into a supported decision-making agreement at any time if: (2) the individual enters into the agreement voluntarily, without coercion or undue influence, and without being so…

75-5-705. Supporter duties. (1) A supporter shall: act with the care, competence, and diligence ordinarily exercised by individuals in similar circumstances, and in accordance with the supporter's skills or expertise; act in good faith; comply with the terms of the supported deci…

75-5-706. Revocation -- Withdrawal. (1) A principal may revoke a supported decision-making agreement at any time by providing written notice to all other parties to the agreement. (2) A supporter may withdraw from a supported decision-making agreement at any time by providing wri…

75-5-707. Termination. Unless otherwise provided in the supported decision-making agreement, a supported decision-making agreement is terminated upon the occurrence of any of the following: (1) the death of the principal; (2) revocation by the principal pursuant to Section; 75-5-…

75-5-708. Impact of supported decision-making agreement. (1) A decision or request made or communicated by a principal with the assistance of a supporter in accordance with the terms of a supported decision-making agreement and this part shall, for the purposes of any provision o…

75-5-709. Liability. (1) A person who is not a party to a supported decision-making agreement, including a provider of health care or financial services, that in good faith accepts or relies upon a supported decision-making agreement: may presume that the signatures on the suppor…