{"data":{"id":"us-ut/utah-code-75a-2-108","jurisdiction":"us-ut","citation":"Utah Code § 75A-2-108","heading":"Nomination of conservator or guardian -- Adequacy of power of attorney -- Relation of agent to conservator or other fiduciary.","body":"(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.\n(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:\n(a) the provisions in the power of attorney are adequate to manage and protect the principal's estate without appointing a conservator; or\n(b) the appointment of a conservator is necessary to manage and protect the principal's estate.\n(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.\n(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:\n(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\n(b) the power of attorney is not terminated and the agent's authority continues unless limited, suspended, or terminated by the court.","path":["Title 75A Fiduciaries","Chapter 75A-2 Uniform Power of Attorney Act","Part 75A-2-1 General Provisions"],"source_url":"https://le.utah.gov/xcode/Title75A/Chapter2/75A-2-S108.html","current_through":"2026 General Session","vintage":"","retrieved_at":"2026-09-03T11:34:34Z","sha256":"d46d199245368161f38eb766e37a2ce095cf5d5fce16559771a85550720ad59f","source_id":"us-ut","stale":false,"prev":"us-ut/utah-code-75a-2-107","next":"us-ut/utah-code-75a-2-109"},"notice":"GroundRules: Original legal text. Not legal advice."}