Section 108 – Nomination of conservator or guardian — Adequacy of power of attorney — Relation of agent to conservator or other fiduciary.

• (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 for the principal’s estate or person are begun after the principal executes the power of attorney.

• (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:
  • (a) the provisions in the power of attorney are adequate to manage and protect the principal’s estate without appointing a conservator; or
  • (b) the appointment of a conservator is necessary to manage and protect the principal’s estate.

• (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.

• (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:
  • (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
  • (b) the power of attorney is not terminated and the agent’s authority continues unless limited, suspended, or terminated by the court.

Amended by Chapter 138, 2022 General Session