75-5-409 - Protective arrangements and single transactions authorized. - Utah Statutes

75-5-409. Protective arrangements and single transactions authorized.
(1) If it is established in a proper proceeding that a basis exists as described in Section75-5-401 for affecting the property and affairs of a person, the court, without appointing aconservator, may authorize, direct, or ratify any transaction necessary or desirable to achieve anysecurity, service, or care arrangement meeting the foreseeable needs of the protected person.Protective arrangements include, but are not limited to, payment, delivery, deposit, or retention offunds or property, sale, mortgage, lease, or other transfer of property, entry into an annuitycontract, a contract for life care, a deposit contract, a contract for training and education, oraddition to or establishment of a suitable trust.
(2) When it has been established in a proper proceeding that a basis exists as described inSection 75-5-401 for affecting the property and affairs of a person, the court, without appointing aconservator, may authorize, direct, or ratify any contract, trust, or other transaction relating to theprotected person's financial affairs or involving his estate if the court determines that thetransaction is in the best interests of the protected person.
(3) Before approving a protective arrangement or other transaction under this section, thecourt shall consider the interests of creditors and dependents of the protected person and, in viewof his disability, whether the protected person needs the continuing protection of a conservator.The court may appoint a special conservator to assist in the accomplishment of any protectivearrangement or other transaction authorized under this section who shall have the authorityconferred by the order and serve until discharged by order after report to the court of all mattersdone pursuant to the order of appointment.

Amended by Chapter 194, 1977 General Session