Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 149 (2022GS)

Sponsor

Rep. Ballard, M.G.

Final action

Governor Signed 3/22/2022

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• amends provisions related to the nomination of a conservator or a guardian in a power of attorney; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

POWER OF ATTORNEY AMENDMENTS
GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Melissa G. Ballard
Senate Sponsor: 
Todd D. Weiler
LONG TITLE
General Description:
This bill amends provisions related to a power of attorney.
Highlighted Provisions:
This bill:
▸ amends provisions related to the nomination of a conservator or a guardian in a
power of attorney; and
▸ makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
75-9-108
, as enacted by Laws of Utah 2016, Chapter 256
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 
75-9-108
 is amended to read:
75-9-108.
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. [
Except for good cause shown or disqualification, the court shall make its
appointment in accordance with the principal's most recent nomination.
]
[
(2) If, after a principal executes a power of attorney, a court appoints a conservator of
the principal's estate or other fiduciary charged with the management of some or all of the
principal's property, the agent is accountable to the fiduciary as well as to the principal.
]
(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
] 
the
 power of attorney is not terminated and the agent's authority continues
unless limited, suspended, or terminated by the court.