75-5-408 - Permissible court orders. - Utah Statutes

75-5-408. Permissible court orders.
(1) The court has the following powers which may be exercised directly or through aconservator in respect to the estate and affairs of protected persons:
(a) While a petition for appointment of a conservator or other protective order is pendingand after preliminary hearing and without notice to others, the court has power to preserve andapply the property of the person to be protected as may be required for his benefit or the benefitof his dependents.
(b) After hearing and upon determining that a basis for an appointment or other protectiveorder exists with respect to a minor without other disability, the court has all those powers overthe estate and affairs of the minor which are or might be necessary for the best interests of theminor, his family, and the members of his household.
(c) After hearing and upon determining that a basis for an appointment or other protectiveorder exists with respect to a person for reasons other than minority, the court has, for the benefitof the person and members of his household, all the powers over his estate and affairs which hecould exercise if present and not under disability, except the power to make a will. These powersinclude, but are not limited to the power to make gifts, to convey or release his contingent andexpectant interests in property including marital property rights and any right of survivorshipincident to joint tenancy or tenancy by the entirety, to exercise or release his powers as trustee,personal representative, custodian for minors, conservator, or donee of a power of appointment,to enter into contracts, to create revocable or irrevocable trusts of property of the estate whichmay extend beyond his disability or life, to exercise options of the disabled person to purchasesecurities or other property, to exercise his rights to elect options and change beneficiaries underinsurance and annuity policies and to surrender the policies for their cash value, to exercise hisright to an elective share in the estate of his deceased spouse, and to renounce any interest bytestate or intestate succession or by inter vivos transfer.
(d) The court may exercise, or direct the exercise of, its authority to exercise or releasepowers of appointment of which the protected person is donee, to renounce interests, to makegifts in trust or otherwise exceeding 20% of any year's income of the estate, or to changebeneficiaries under insurance and annuity policies, only if satisfied, after notice and hearing, thatit is in the best interests of the protected person, and that he either is incapable of consenting orhas consented to the proposed exercise of power.
(2) An order made pursuant to this section determining that a basis for appointment of aconservator or other protective order exists has no effect on the capacity of the protected person.

Enacted by Chapter 150, 1975 General Session