Under Utah law, a court may appoint a conservator or issue protective orders for the estate and affairs of individuals following a petition, notice, and formal hearing.
Criteria for appointing minor conservators
According to Utah Code Title 75, Chapter 5, Section 401, a court can appoint a conservator for a minor if the individual owns property requiring management or if their business affairs are at risk due to their minority. This protection may also extend to individuals up to age 21 under special circumstances determined by the court.
Conditions for adult conservatorship appointment
For adults, the Utah Code stipulates that a conservator may be appointed if the court finds the person is unable to effectively manage their property and affairs due to reasons such as mental illness, physical disability, chronic drug use, or disappearance. The law requires that the person's property be at risk of being wasted or dissipated without proper management, or that funds are needed for the person's support and welfare.
Court resources and legal responsibilities
The Utah Courts provide various resources regarding these legal proceedings, including procedures for appointing emergency guardians or conservators and managing cases involving individuals with severe intellectual disabilities. The court system also outlines specific responsibilities, reporting requirements, and processes for changing or ending a conservatorship.
Power of attorney and appointments
The Utah Code specifies that the appointment of a conservator cannot be denied solely because the person in question has a valid power of attorney in effect.
