Utah Code § 75-5-410

Who may be appointed conservator -- Priorities
Open in Lexace · Ask the AI about this section
(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 listed:
(a) a conservator, guardian of property, or other like fiduciary appointed or recognized by the
appropriate court of any other jurisdiction in which the protected person resides;
(b) an individual or corporation nominated by the protected person if he is 14 or more years of
age and has, in the opinion of the court, sufficient mental capacity to make an intelligent
choice;
(c) the court shall appoint a conservator in accordance with the protected person's most recent
nomination, unless the potential conservator is disqualified or the court finds other good
cause why that person should not serve as conservator. The nomination shall be in writing
and shall be signed by the person making the nomination. The nomination shall be in
substantially the following form:
Nomination of Conservator
 I, (Name), being of sound mind and not acting under duress, fraud, or other undue
influence, do hereby nominate (Name, current residence, and relationship, if any, of the
nominee) to serve as the conservator of my property in the event that after the date of this
instrument I become incapacitated or have other need for protection.
 Executed at __________________________________ (city, state)
 on this ___________ day of _______________________________
 ______________________________ (Signature)
(d) a person who has been nominated by the protected person, by any means other than that
described in Subsection (1)(c), if the protected person was 14 years of age or older when the
nomination was executed and, in the opinion of the court, that person acted with sufficient
mental capacity to make the nomination;
(e) the spouse of the protected person;
(f) an adult child of the protected person;
(g) a parent of the protected person, or a person nominated by the will of a deceased parent;
(h) any relative of the protected person with whom he has resided for more than six months prior
to the filing of the petition;
(i) a person nominated by the person who is caring for him or paying benefits to him.
(2) A person in the priorities described in Subsection (1)(a), (e), (f), (g), or (h) may nominate in
writing a person to serve in his stead. With respect to persons having equal priority, the court is
to select the one who is best qualified of those willing to serve. The court, for good cause, may
pass over a person having priority and appoint a person having less priority or no priority.

‹ Prev All Utah sections Next ›


Lexace provides legal information, not legal advice, and no attorney–client relationship is created. Statute text is provided for general information and may not reflect the most recent amendments; verify against the official state code.