26-2A-136
Section 26-2A-136 Permissible court orders. (a) The court shall exercise the authority conferred
in this division to encourage the development of maximum self-reliance and independence of
a protected person and make protective orders only to the extent necessitated by the protected
person's mental and adaptive limitations and other conditions warranting the procedure. (b)
The court has the following powers that may be exercised directly or through a conservator
in respect to the estate and business affairs of a protected person: (1) While a petition
for appointment of a conservator or other protective order is pending and after preliminary
hearing and without notice, the court may preserve and apply the property of the person to
be protected as may be required for the support of the person or dependents of the person.
(2) After hearing and upon determining that a basis for an appointment or other protective
order exists with respect to a minor without other disability, the court has...
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19-3B-704
Section 19-3B-704 Vacancy in trusteeship; appointment of successor. (a) A vacancy in a trusteeship
occurs if: (1) a person designated as trustee rejects the trusteeship; (2) a person designated
as trustee cannot be identified or does not exist; (3) a trustee resigns; (4) a trustee is
disqualified or removed; (5) a trustee dies; or (6) a guardian or conservator is appointed
for an individual serving as trustee. (b) If one or more co-trustees remain in office, then
a vacancy in a trusteeship need not be filled. A vacancy in a trusteeship must be filled if
the trust has no remaining trustee. (c) A vacancy in a trusteeship of a noncharitable trust
that is required to be filled must be filled in the following order of priority: (1) by a
person designated in the terms of the trust to act as successor trustee; (2) by a person appointed
by unanimous agreement of the adult qualified beneficiaries and any entity which is a qualified
beneficiary; or (3) by a person appointed by the court. (d) A...
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26-2A-132
Section 26-2A-132 Venue. Venue for proceedings under this division is: (1) In the court at
the place in this state where the person to be protected resides whether or not a guardian
has been appointed in another place; or (2) If the person to be protected does not reside
in this state, in the court at any place where property of the person is located. (Acts 1987,
No. 87-590, p. 975, §2-203.)...
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26-2A-103
Section 26-2A-103 Notice in guardianship proceeding. (a) In a proceeding for the appointment
of a guardian of an incapacitated person, and, if notice is required in a proceeding for appointment
of a temporary guardian, notice of hearing must be given to each of the following: (1) The
person alleged to be incapacitated, her or his spouse (if any), and adult children, or if
none, parents; (2) Any person who is serving as guardian, conservator, or who has the care
and custody of the person alleged to be incapacitated; (3) In case no other person is notified
under paragraph (1), at least one of the nearest adult relatives residing in this state, if
any can be found; and (4) Any other person as directed by the court. (b) Notice of hearing
on a petition for an order subsequent to appointment of a guardian must be given to the ward,
the guardian, and any other person as ordered by the court. (c) Notice must be served personally
on the alleged incapacitated person. Notices to other persons as...
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26-2A-34
Section 26-2A-34 Records and certified copies. The clerk of court shall keep a record for each
ward or protected person involved in any document that may be filed with the court under this
chapter, including petitions, requests, and any orders or responses by the court relating
thereto, and establish and maintain a system for indexing, filing, or recording which is sufficient
to enable users of the records to obtain adequate information. Upon payment of the required
fees, the clerk shall issue certified copies of any letters issued to any guardian or conservator
or of any other document filed or recorded. Certificates relating to letters must show the
date of appointment. (Acts 1987, No. 87-590, p. 975, §1-305.)...
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35-6-83
Section 35-6-83 Guardian ad litem. The court must appoint a guardian ad litem to represent
the interest of such ward upon such hearing, as provided by law for the appointment of guardians
ad litem in such court. The person so appointed such guardian ad litem must deny in writing
the allegations of such report and resist the confirmation of such sale, and, if necessary,
must, with the approval of the court, employ counsel to defend the interest of the person
he so represents. He is entitled to reasonable compensation, and an allowance for reasonable
fees of such counsel as he may so employ, to be fixed by the court and taxed and collected
as costs in the action. (Code 1907, §5256; Code 1923, §9360; Code 1940, T. 47, §222.)...

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26-2A-104
Section 26-2A-104 Who may be guardian; priorities. (a) Any qualified person may be appointed
guardian of an incapacitated person. (b) Unless lack of qualification or other good cause
dictates the contrary, the court shall appoint a guardian in accordance with the incapacitated
person's most recent nomination in a durable power of attorney. (c) Except as provided in
subsection (b), the following are entitled to consideration for appointment in the order listed:
(1) The spouse of the incapacitated person or a person nominated by will of a deceased spouse
or by other writing signed by the spouse and attested by at least two witnesses or acknowledged;
(2) An adult child of the incapacitated person; (3) A parent of the incapacitated person,
or a person nominated by will of a deceased parent or by other writing signed by a parent
and attested by at least two witnesses or acknowledged; (4) Any relative of the incapacitated
person with whom the person has resided for more than six months prior...
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26-2A-131
Section 26-2A-131 Protective proceedings; jurisdiction of business affairs of protected persons.
Subject to Section 26-2A-31, after the service of notice in a proceeding seeking the appointment
of a conservator or other protective order and until termination of the proceeding, the court
in which the petition is filed has: (1) Exclusive jurisdiction to determine the need for a
conservator or other protective order until the proceedings are terminated; and (2) Exclusive
jurisdiction to determine how the estate of the protected person which is subject to the laws
of this state must be managed, expended, or distributed to or for the use of the protected
person, the protected person's dependents, or other claimants. (Acts 1987, No. 87-590, p.
975, §2-302; Act 2010-500, p. 782, §2.)...
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26-2A-133
Section 26-2A-133 Original petition for appointment or protective order. (a) The person to
be protected or any person who is interested in the estate, affairs, or welfare of the person,
including a parent, child, guardian, custodian, or any person who would be adversely affected
by lack of effective management of the person's property and business affairs may petition
for the appointment of a conservator or for other appropriate protective order. (b) The petition
must set forth to the extent known the interest of the petitioner; the name, age, residence,
and address of the person to be protected; the names and addresses of all persons, known to
the petitioner, who must be given notice, a general statement of the person's property with
an estimate of the value thereof, including any compensation, insurance, pension, or allowance
to which the person is entitled; the reason why appointment of a conservator or other protective
order is necessary, and whether bond has been relieved. If the...
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26-2A-145
Section 26-2A-145 Conservator's standard of care and performance. A conservator, in relation
to powers conferred by this division, or implicit in the title acquired by virtue of the proceeding,
shall observe the standards in dealing with the estate of the protected person that would
be observed by a prudent person dealing with the property of another, and if the conservator
has special skills or is appointed conservator on the basis of representations of special
skills or expertise, the conservator is under a duty to use those skills. (Acts 1987, No.
87-590, p. 975, §2-316.)...
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