Title 75, Title 75: Utah Uniform Probate Code

75-5-305. Acceptance of appointment -- Consent to jurisdiction. By accepting appointment, a guardian submits personally to the jurisdiction of the court in any proceeding relating to the guardianship that may be instituted by any interested person or any person interested in the …

75-5-306. Termination of guardianship for incapacitated person -- Termination of authority and responsibility of guardian. (1) Except for the time period described in Subsection, the ward or any person interested in the ward's welfare may petition for an order: (1)(b) that the wa…

75-5-307. Removal or resignation of guardian. (1) On a petition of resignation from a guardian, the court may: accept the guardian's resignation; or make any other order that is appropriate. (2) On a petition of removal of a guardian from the ward or any person interested in the …

75-5-309. Notices in guardianship proceedings. (1) In a proceeding for the appointment or removal of a guardian of an incapacitated person other than the appointment of an emergency guardian or temporary suspension of a guardian, notice of hearing shall be given to each of the fo…

75-5-310. Emergency guardians. (1) If an incapacitated person has no guardian and an emergency exists or if an appointed guardian is not effectively performing the guardian's duties and the court further finds that the welfare of the incapacitated person requires immediate action…

75-5-310.5. Temporary guardians. (1) If, after notice and hearing as required by Section, the court finds good cause, the court may: 75-5-303 appoint a temporary guardian; convert an emergency guardian to a temporary guardian if an emergency guardian has been appointed under Sect…

75-5-311. Who may be guardian -- Priorities. (1) The court shall appoint a guardian in accordance with the incapacitated person's most recent nomination, unless that person is disqualified or the court finds other good cause why the person should not serve as guardian. That nomin…

75-5-312. General powers and duties of guardian -- Penalties. (1) A guardian of an incapacitated person shall diligently and in good faith carry out the specific duties, powers, and rights that the guardian is granted: in an order of appointment by a court under Section; and 75-5…

75-5-312.5. Association between an adult ward and a relative or acquaintance of the adult ward. (1) As used in this section: "Associate" or "association" means: visitation of an adult ward by a relative or qualified acquaintance; or communication between an adult ward and a relat…

75-5-313. Proceedings subsequent to appointment -- Venue. (1) The court where the ward resides has concurrent jurisdiction with the court which appointed the guardian or in which acceptance of an appointment by will or written instrument was filed over resignation, removal, accou…

75-5-314. Mentally incompetent veteran -- Evidence of necessity for appointment of guardian. Where a petition is filed for the appointment of a guardian for a mentally incompetent ward, a certificate of the administrator or his duly authorized representative, that such person has…

75-5-315. Copies of public records furnished to veterans administration. When a copy of any public record is required by the veterans administration to be used in determining the eligibility of any person to participate in benefits made available by the veterans administration, t…

75-5-316. Expedited guardianship proceedings. (1) With regard to persons who are residents of the Utah State Developmental Center, the expedited process provided by this section may be applied to obtain a limited guardianship. For purposes of this section: "Limited guardianship" …

75-5-317. Guardianship proceedings for minor becoming an incapacitated adult. (1) As used in this section: "Physician" means an individual: licensed as a physician under; or Title 58, Chapter 67, Utah Medical Practice Act licensed as a physician under. Title 58, Chapter 68, Utah …

75-5-401. Protective proceedings. (1) Upon petition and after notice and hearing in accordance with the provisions of this part, the court may appoint a conservator or make other protective order for cause as follows: Appointment of a conservator or other protective order may be …

75-5-402. Protective proceedings -- Jurisdiction of affairs of protected persons. After the service of notice in a proceeding seeking the appointment of a conservator or other protective order and until termination of the proceeding, the court in which the petition is filed has: …

75-5-403. Venue. Venue for proceedings under this part is: (1) In the county in this state where the person to be protected resides, whether or not a guardian has been appointed in another place; or (2) If the person to be protected does not reside in this state, in any county wh…

75-5-404. Original petition for appointment or protective order. (1) The person to be protected, any person who is interested in his estate, affairs, or welfare, including his parent, guardian, or custodian, or any person who would be adversely affected by lack of effective manag…

75-5-405. Notice. (1) On a petition for appointment of a conservator or other protective order, the person to be protected and his spouse or, if none, his parents, must be served personally with notice of the proceeding at least 10 days before the date of the hearing if they can …

75-5-406. Protective proceedings -- Request for notice -- Interested person. Any interested person who desires to be notified before any order is made in a protective proceeding may file with the registrar a request for notice subsequent to payment of any fee required by statute …

75-5-407. Procedure concerning hearing and order on original petition. (1) Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall set a date for the hearing on the matters alleged in the petition. If, at any time…

75-5-408. Permissible court orders. (1) The court has the following powers which may be exercised directly or through a conservator in respect to the estate and affairs of protected persons: While a petition for appointment of a conservator or other protective order is pending an…

75-5-409. Protective arrangements and single transactions authorized. (1) If it is established in a proper proceeding that a basis exists as described in Sectionfor affecting the property and affairs of a person, the court, without appointing a conservator, may authorize, direct,…

75-5-410. Who may be appointed conservator -- Priorities. (1) The court may appoint an individual, or a corporation with general power to serve as trustee, as conservator of the estate of a protected person. The following are entitled to consideration for appointment in the order…

75-5-411. Bond. Subject to the provisions of, relating to the bonding requirements for corporate fiduciaries, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify…

75-5-412. Terms and requirements of bonds. (1) The following requirements and provisions apply to any bond required under Section: 75-5-411 unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each ot…

75-5-413. Acceptance of appointment -- Consent to jurisdiction. By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be …

75-5-414. Compensation and expenses. 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. If the court appoints the peti…

75-5-415. Death, resignation, or removal of conservator. (1) The court may remove a conservator for good cause, upon notice and hearing, or accept the resignation of a conservator. After the death, resignation, or removal of a conservator, the court may appoint another conservato…

75-5-416. Petitions for orders subsequent to appointment. (1) Any person interested in the welfare of a person for whom a conservator has been appointed may file a petition in the appointing court for an order: requiring bond or security or additional bond or security, or reducin…

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…