26-2B-203
Section 26-2B-203 Jurisdiction. (a) A court of this state has jurisdiction to appoint a guardian
or issue a protective order for a respondent if: (1) this state is the respondent's home state;
(2) on the date the petition is filed, this state is a significant-connection state and: (A)
the respondent does not have a home state or a court of the respondent's home state has declined
to exercise jurisdiction because this state is a more appropriate forum; or (B) the respondent
has a home state, a petition for an appointment or order is not pending in a court of that
state or another significant-connection state and before the court makes the appointment or
issues the order: (i) a petition for an appointment or order is not filed in the respondent's
home state; (ii) an objection to the court's jurisdiction is not filed by a person required
to be notified of the proceeding; and (iii) the court in this state concludes that it is an
appropriate forum under the factors set forth in Section...
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38-9-4
Section 38-9-4 Arrangements for protective services; liability of department for protective
services; services to conform to wishes of person to be served; duty of department to ascertain
persons in need of care and protection. (a) Protective services may be arranged when an adult
person is in need of care and protection because of danger to his health or safety; provided,
that nothing in this chapter shall be construed to mean that the department is chargeable
for the cost of such care except where such care is specifically provided for by law or departmental
regulations and funding exists for such purpose. All protective services shall be in conformity
with the wishes of the person to be served unless the person is unable or unwilling to accept
such services, and if the person is unable or unwilling to accept such services, the court
may order such services. The department may be required to provide or arrange for services
only for persons it is equipped to serve and agrees to serve....
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19-1A-14
Section 19-1A-14 (Effective January 1, 2018) Disclosure of digital assets to conservator of
protected person. (a) After an opportunity for a hearing, the court may grant a conservator
access to the digital assets of a protected person. (b) Unless otherwise ordered by the court
or directed by the user, a custodian shall disclose to a conservator the catalogue of electronic
communications sent or received by a protected person and any digital assets, other than the
content of electronic communications, in which the protected person has a right or interest
if the conservator gives the custodian: (1) a written request for disclosure in physical or
electronic form; (2) a copy of the court order that gives the conservator authority over the
digital assets of the protected person; and (3) if requested by the custodian: (A) a number,
username, address, or other unique subscriber or account identifier assigned by the custodian
to identify the account of the protected person; or (B) evidence...
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26-2A-156
Section 26-2A-156 Claims against protected person; enforcement. (a) A conservator may pay or
secure from the estate claims against the estate or against the protected person arising before
or after the conservatorship upon their presentation and allowance in accordance with the
priorities stated in subsection (d). A claim may be presented by either of the following methods:
(1) The claimant may deliver or mail to the conservator a written statement of the claim indicating
its basis, the name and mailing address of the claimant, and the amount claimed; or (2) The
claimant may file a written statement of the claim, in the form prescribed by rules of the
court, with the clerk of court and deliver or mail a copy of the statement to the conservator.
(b) A claim is deemed presented on the first to occur of receipt of the written statement
of claim by the conservator or the filing of the claim with the court. A presented claim is
presumed to be disallowed if receipt of the claim is not...
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26-2B-403
Section 26-2B-403 Effect of recording. (a) Upon the recording of a guardianship or protective
order from another state, the guardian or conservator may exercise in this state all powers
provided in Section 26-2A-160. (b) A court of this state may grant any relief available under
this chapter and other law of this state to enforce a recorded order. (Act 2010-500, p. 782,
§1.)...
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26-2A-147
Section 26-2A-147 Accounts. Each conservator shall account to the court for administration
of the conservatorship upon resignation or removal and at other times as the court may direct,
but if not otherwise directed, the conservator must, at least once in three years, account
to the court. If the conservator shall die before making the accounting, the conservator's
personal representative will make the accounting, or if no personal representative has been
appointed, the sureties on the conservator's bond may proceed to make the accounting. On termination
or removal of the protected person's minority or disability, a conservator shall account to
the court or to the formerly protected person. An order after notice and hearing allowing
an intermediate account of a conservator is a final adjudication as to liabilities concerning
the matters considered in connection therewith. Thereafter, at any time prior to final settlement,
the account may be reopened by the court on motion or petition...
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26-2A-153
Section 26-2A-153 Distributive duties and powers of conservator. (a) A conservator may expend
or distribute income or principal of the estate without court authorization or confirmation
for the health, support, education, or maintenance of the protected person and dependents
in accordance with the following principles: (1) The conservator shall consider recommendations
relating to the appropriate standard of support, education, and benefit for the protected
person or dependents made by a parent or guardian, if any. The conservator may not be surcharged
for sums paid to persons or organizations furnishing support, education, or maintenance to
the protected person or a dependent pursuant to the recommendations of a parent or guardian
of the protected person unless the conservator knows that the parent or guardian derives personal
financial benefit therefrom, including relief from any personal duty of support, or the recommendations
are clearly not in the best interest of the protected...
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26-2A-160
Section 26-2A-160 Foreign conservator; proof of authority; bond; powers. If a conservator has
not been appointed in this state and no petition in a protective proceeding is pending in
this state, a conservator appointed in the state in which the protected person resides may
file in a court of this state in a [county] in which property belonging to the protected person
is located, authenticated copies of letters of appointment and of any bond. Thereafter, the
domiciliary foreign conservator may exercise as to assets in this state all powers of a conservator
appointed in this state and may maintain actions and proceedings in this state subject to
any conditions imposed upon nonresident parties generally. (Acts 1987, No. 87-590, p. 975,
§2-331.)...
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26-2B-207
Section 26-2B-207 Jurisdiction declined by reason of conduct. (a)If at any time a court of
this state determines that it acquired jurisdiction to appoint a guardian or issue a protective
order because of unjustifiable conduct, the court may: (1) decline to exercise jurisdiction;
(2) exercise jurisdiction for the limited purpose of fashioning an appropriate remedy to ensure
the health, safety, and welfare of the respondent or the protection of the respondent's property
or prevent a repetition of the unjustifiable conduct, including staying the proceeding until
a petition for the appointment of a guardian or issuance of a protective order is filed in
a court of another state having jurisdiction; or (3) continue to exercise jurisdiction after
considering: (A) the extent to which the respondent and all persons required to be notified
of the proceedings have acquiesced in the exercise of the court's jurisdiction; (B) whether
it is a more appropriate forum than the court of any other state...
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26-2A-105
Section 26-2A-105 Findings; order of appointment. (a) The court shall exercise the authority
conferred in this division so as to encourage the development of maximum self-reliance and
independence of the incapacitated person and make appointive and other orders only to the
extent necessitated by the incapacitated person's mental and adaptive limitations or other
conditions warranting the procedure. (b) The court may appoint a guardian as requested if
it is satisfied that the person for whom a guardian is sought is incapacitated and that the
appointment is necessary or desirable as a means of providing continuing care and supervision
of the person of the incapacitated person. The court, on appropriate findings, may (i) treat
the petition as one for a protective order under Section 26-2A-130 and proceed accordingly,
(ii) enter any other appropriate order, or (iii) dismiss the proceedings. (c) The court, at
the time of appointment or later, on its own motion or on appropriate petition or...
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