reglab/housing_qa huggingface dataset:
UT Code § 75-5-406 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 4 - Protection of Property of Persons Under Disability and Minors|Section 406 - Protective proceedings -- Request for notice -- Interested person.

75-5-406. Protective proceedings -- Request for notice -- Interested person.  Any interested person who desires to be notified before any order is made in a protective proceeding may file with the registrar a request for notice subsequent to payment of any fee required by statute or court rule. The clerk shall mail a copy of the demand to the conservator if one has been appointed. A request is not effective unless it contains a statement showing the interest of the person making it and his address, or that of his attorney, and is effective only as to matters occurring after the filing. Any governmental agency paying or planning to pay benefits to the person to be protected is an interested person in protective proceedings.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-5-407 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 4 - Protection of Property of Persons Under Disability and Minors|Section 407 - Procedure concerning hearing and order on original petition.

75-5-407. Procedure concerning hearing and order on original petition.    (1) Upon receipt of a petition for appointment of a conservator or other protective order because of minority, the court shall set a date for the hearing on the matters alleged in the petition. If, at any time in the proceeding, the court determines that the interests of the minor are or may be inadequately represented, it may appoint an attorney to represent the minor, giving consideration to the choice of the minor if 14 years of age or older. An attorney appointed by the court to represent a minor has the powers and duties of a guardian ad litem.     (2) Upon receipt of a petition for appointment of a conservator or other protective order for reasons other than minority, the court shall set a date for hearing. Unless the person to be protected has already retained counsel, the court may appoint an attorney to represent the person to be protected who then has the powers and duties of a guardian ad litem.     (3) The legal representation of the protected person by an attorney shall terminate upon the appointment of a conservator, unless:   (a) there are separate guardianship proceedings still pending before the court subsequent to the appointment of a conservator;     (b) there is a timely filed appeal of the appointment of the conservator; or     (c) upon an express finding of good cause, the court orders otherwise.       (4) If the alleged disability is mental illness, mental deficiency, physical illness or disability, advanced age, chronic use of drugs, or chronic intoxication, the court may direct that the person to be protected be examined by a physician designated by the court, preferably a physician who is not connected with any institution in which the person is a patient or is detained. The court may send a visitor to interview the person to be protected. The visitor may be a guardian ad litem or an officer or employee of the court.     (5) After hearing, upon finding that a basis for the appointment of a conservator or other protective order has been established, the court shall make an appointment or other appropriate protective order.    Amended by Chapter 364, 2013 General Session
UT Code § 75-5-409 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 4 - Protection of Property of Persons Under Disability and Minors|Section 409 - Protective arrangements and single transactions authorized.

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 Section 75-5-401 for affecting the property and affairs of a person, the court, without appointing a conservator, may authorize, direct, or ratify any transaction necessary or desirable to achieve any security, 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 of funds or property, sale, mortgage, lease, or other transfer of property, entry into an annuity contract, a contract for life care, a deposit contract, a contract for training and education, or addition to or establishment of a suitable trust.     (2) When it has been established in a proper proceeding that a basis exists as described in Section 75-5-401 for affecting the property and affairs of a person, the court, without appointing a conservator, may authorize, direct, or ratify any contract, trust, or other transaction relating to the protected person's financial affairs or involving his estate if the court determines that the transaction is in the best interests of the protected person.     (3) Before approving a protective arrangement or other transaction under this section, the court shall consider the interests of creditors and dependents of the protected person and, in view of 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 protective arrangement or other transaction authorized under this section who shall have the authority conferred by the order and serve until discharged by order after report to the court of all matters done pursuant to the order of appointment.    Amended by Chapter 194, 1977 General Session
UT Code § 75-5-410 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 4 - Protection of Property of Persons Under Disability and Minors|Section 410 - Who may be appointed conservator -- Priorities.

75-5-410. Who may be appointed conservator -- Priorities.    (1) The court may appoint an individual, or a corporation with general power to serve as trustee, as conservator of the estate of a protected person. The following are entitled to consideration for appointment in the order listed:   (a) a conservator, guardian of property, or other like fiduciary appointed or recognized by the appropriate court of any other jurisdiction in which the protected person resides;     (b) an individual or corporation nominated by the protected person if he is 14 or more years of age and has, in the opinion of the court, sufficient mental capacity to make an intelligent choice;     (c) the court shall appoint a conservator in accordance with the protected person's most recent nomination, unless the potential conservator is disqualified or the court finds other good cause why that person should not serve as conservator. The nomination shall be in writing and shall be signed by the person making the nomination. The nomination shall be in substantially the following form: Nomination of Conservator  I, (Name), being of sound mind and not acting under duress, fraud, or other undue influence, do hereby nominate (Name, current residence, and relationship, if any, of the nominee) to serve as the conservator of my property in the event that after the date of this instrument I become incapacitated or have other need for protection. Executed at __________________________________ (city, state) on this ___________ day of _______________________________ ______________________________ (Signature)     (d) a person who has been nominated by the protected person, by any means other than that described in Subsection (1)(c), if the protected person was 14 years of age or older when the nomination was executed and, in the opinion of the court, that person acted with sufficient mental capacity to make the nomination;     (e) the spouse of the protected person;     (f) an adult child of the protected person;     (g) a parent of the protected person, or a person nominated by the will of a deceased parent;     (h) any relative of the protected person with whom he has resided for more than six months prior to the filing of the petition;     (i) a person nominated by the person who is caring for him or paying benefits to him.       (2) A person in the priorities described in Subsection (1)(a), (e), (f), (g), or (h) may nominate in writing a person to serve in his stead. With respect to persons having equal priority, the court is to select the one who is best qualified of those willing to serve. The court, for good cause, may pass over a person having priority and appoint a person having less priority or no priority.    Amended by Chapter 324, 2010 General Session
UT Code § 75-5-411 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 4 - Protection of Property of Persons Under Disability and Minors|Section 411 - Bond.

75-5-411. Bond.  Subject to the provisions of Title 7, Financial Institutions Act, relating to the bonding requirements for corporate fiduciaries, the court shall require a conservator to furnish a bond conditioned upon faithful discharge of all duties of the trust according to law, with sureties as it shall specify, unless the court dispenses with such bond for good cause shown. Unless otherwise directed, the bond shall be in the amount of the aggregate capital value of the property of the estate in his control plus one year's estimated income minus the value of securities and cash deposited under arrangements requiring an order of the court for their removal and the value of any land which the fiduciary, by express limitation of power, lacks power to sell or convey without court authorization. The court, in lieu of sureties on a bond, may accept other security for the performance of the bond, including a pledge of securities or a mortgage of land.  Amended by Chapter 194, 1977 General Session
UT Code § 75-5-412 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 4 - Protection of Property of Persons Under Disability and Minors|Section 412 - Terms and requirements of bonds.

75-5-412. Terms and requirements of bonds.    (1) The following requirements and provisions apply to any bond required under Section 75-5-411:   (a) Unless otherwise provided by the terms of the approved bond, sureties are jointly and severally liable with the conservator and with each other;     (b) By executing an approved bond of a conservator, the surety consents to the jurisdiction of the court which issued letters to the primary obligor in any proceeding pertaining to the fiduciary duties of the conservator and naming the surety as a party defendant. Notice of the proceeding shall be delivered to the surety or mailed to him by registered or certified mail at his address as listed with the court where the bond is filed and to his address as then known to the petitioner;     (c) On petition of a successor conservator or any interested person, a proceeding may be initiated against a surety for breach of the obligation of the bond of the conservator;     (d) The bond of the conservator is not void after the first recovery but may be proceeded against from time to time until the whole penalty is exhausted.       (2) No proceeding may be commenced against the surety on any matter as to which an action or proceeding against the primary obligor is barred by adjudication or limitation under this code.    Enacted by Chapter 150, 1975 General Session
UT Code § 75-5-413 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 4 - Protection of Property of Persons Under Disability and Minors|Section 413 - Acceptance of appointment -- Consent to jurisdiction.

75-5-413. Acceptance of appointment -- Consent to jurisdiction.  By accepting appointment, a conservator submits personally to the jurisdiction of the court in any proceeding relating to the estate that may be instituted by any interested person. Notice of any proceeding shall be delivered to the conservator or mailed to him by registered or certified mail at his address as listed in the petition for appointment, or as thereafter reported to the court, and to his address as then known to the petitioner.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-5-414 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 4 - Protection of Property of Persons Under Disability and Minors|Section 414 - Compensation and expenses.

75-5-414. Compensation and expenses.  If not otherwise compensated for services rendered, any visitor, lawyer, physician, conservator, or special conservator appointed in a protective proceeding is entitled to reasonable compensation from the estate. If the court appoints the petitioner or the petitioner's nominee as conservator over the protected person, regardless of whether the nominee is specified in the moving petition or nominated during the proceedings, the petitioner is entitled to receive from the estate reasonable attorney fees and court costs incurred in bringing and defending the petition.  Amended by Chapter 274, 2012 General Session
UT Code § 75-5-415 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 4 - Protection of Property of Persons Under Disability and Minors|Section 415 - Death, resignation, or removal of conservator.

 Effective 5/13/2014  75-5-415. Death, resignation, or removal of conservator.    (1) The court may remove a conservator for good cause, upon notice and hearing, or accept the resignation of a conservator. After the death, resignation, or removal of a conservator, the court may appoint another conservator. A conservator so appointed succeeds to the title and powers of the preceding conservator.     (2) Before removing a conservator, accepting the resignation of a conservator, or ordering that a protected person's incapacity has terminated, the court shall follow the same procedures to safeguard the rights of the protected person as apply to a petition for appointment of a conservator as provided in Section 75-5-407. The court is not required to appoint an attorney to represent the ward if the case is uncontested and the protected person's capacity is not at issue.    Amended by Chapter 142, 2014 General Session
UT Code § 75-5-416 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 4 - Protection of Property of Persons Under Disability and Minors|Section 416 - Petitions for orders subsequent to appointment.

 Effective 5/13/2014  75-5-416. Petitions for orders subsequent to appointment.    (1) Any person interested in the welfare of a person for whom a conservator has been appointed may file a petition in the appointing court for an order:   (a) requiring bond or security or additional bond or security, or reducing bond;     (b) requiring an accounting for the administration of the conservatorship estate;     (c) directing distribution;     (d) removing the conservator and appointing a temporary or successor conservator; or     (e) granting other appropriate relief, including any relief available under Title 75, Chapter 7, Utah Uniform Trust Code, if the protected person is a grantor, settlor, trustor, or beneficiary of a trust.       (2) A conservator may petition the appointing court for instructions concerning the conservator's fiduciary responsibility.     (3) Upon notice and hearing the court may give appropriate instructions or make any appropriate order.    Amended by Chapter 142, 2014 General Session
UT Code § 75-5-417 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 4 - Protection of Property of Persons Under Disability and Minors|Section 417 - General duty of conservator.

75-5-417. General duty of conservator.    (1) A conservator shall act as a fiduciary and shall observe the standards of care as set forth in Section 75-7-902.     (2) The conservator shall, for all estates in excess of $50,000, excluding the residence owned by the ward, send a report with a full accounting to the court on an annual basis. For estates less than $50,000, excluding the residence owned by the ward, the conservator shall fill out an informal annual report and mail the report to the court. The report shall include the following: a statement of assets at the beginning and end of the reporting year, income received during the year, disbursements for the support of the ward, and other expenses incurred by the estate. The court may require additional information. The forms for both the informal report for estates under $50,000, excluding the residence owned by the ward, and the full accounting report for larger estates shall be approved by the judicial council. This annual report shall be examined and approved by the court.     (3) Corporate fiduciaries are not required to fully petition the court, but shall submit their internal report annually to the court. The report shall be examined and approved by the court.     (4)   (a) The court may impose a fine in an amount not to exceed $5,000, if, after receiving written notice of the failure to file and after a grace period of two months have elapsed, a conservator or corporate fiduciary:   (i) makes a substantial misstatement on filings of any required annual reports;     (ii) is guilty of gross impropriety in handling the property of the ward; or     (iii) willfully fails to file the report required by this section.       (b) The court may also order restitution of funds misappropriated from the estate of a ward.     (c) The penalty shall be paid by the conservator or corporate fiduciary and may not be paid by the estate.       (5) These provisions and penalties governing annual reports do not apply if the conservator is the parent of the ward.    Amended by Chapter 89, 2004 General Session
UT Code § 75-5-418 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 4 - Protection of Property of Persons Under Disability and Minors|Section 418 - Inventory and records.

 Effective 5/9/2017  75-5-418. Inventory and records.    (1) Within 90 days after appointment of a conservator, the conservator shall prepare and file with the appointing court a complete inventory of the estate of the protected person together with an oath or affirmation that it is complete and accurate so far as the conservator is informed. The estate of the protected person does not include the assets of a trust.     (2) The conservator shall provide a copy of the inventory to the protected person if the person:   (a) can be located;     (b) has attained the age of 14 years; and     (c) has sufficient mental capacity to understand these matters, and to any parent or guardian with whom the protected person resides.       (3) The conservator shall keep suitable financial records and produce them upon the request of any interested person.    Amended by Chapter 403, 2017 General Session
UT Code § 75-5-419 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 4 - Protection of Property of Persons Under Disability and Minors|Section 419 - Accounts.

75-5-419. Accounts.    (1) Every conservator must account to the court for the administration of the estate upon resignation or removal and at any other times the court may direct.     (2) On termination of the protected person's minority or disability, a conservator may account to the court, the former protected person, or the personal representative of the protected person.     (3) Subject to appeal or vacation within the time permitted, an order, made upon notice and hearing, allowing an intermediate account of a conservator, adjudicates as to any liabilities concerning the matters considered in connection with the protected person's account, and an order, made upon notice and hearing, allowing a final account adjudicates as to all previously unsettled liabilities of the conservator to the protected person or the protected person's successors relating to the conservatorship.     (4) In connection with any account, the court may require a conservator to submit to a physical check of the estate in the conservator's control, to be made in any manner the court may specify.    Amended by Chapter 274, 2012 General Session
UT Code § 75-5-420 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 4 - Protection of Property of Persons Under Disability and Minors|Section 420 - Conservators -- Title by appointment.

75-5-420. Conservators -- Title by appointment.    (1) The appointment of a conservator vests in the conservator title as fiduciary to all property of the protected person, presently held or thereafter acquired, not including the assets of a trust, including title to any property previously held for the protected person by custodians or attorneys-in-fact, except for property held pursuant to any uniform gifts to minors act or provisions.     (2) The appointment of a conservator is not a transfer or alienation within the meaning of general provisions of any federal or state statute or regulation, insurance policy, pension plan, contract, will, or trust instrument imposing restrictions upon or penalties for transfer or alienation by the protected person of any rights or interest, but this section does not restrict the ability of persons to make specific provision by contract or dispositive instrument relating to a conservator.    Amended by Chapter 274, 2012 General Session
UT Code § 75-5-421 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 4 - Protection of Property of Persons Under Disability and Minors|Section 421 - Recording of conservator's letters.

 Effective 5/9/2017  75-5-421. Recording of conservator's letters.    (1)   (a) Letters of conservatorship are evidence of transfer of the assets of a protected person to the conservator.     (b) An order terminating a conservatorship is evidence of transfer of the assets of the estate from the conservator to the protected person or the protected person's successors.     (c) Subject to the requirements of general statutes governing the filing or recordation of documents of title to land or other property, letters of conservatorship and orders terminating conservatorships may be filed or recorded to give record notice of title as between the conservator and the protected person.       (2) A person who refuses to accept the authority of a conservator to transact business with the assets of the protected person after receiving a certified copy of letters of conservatorship is liable for costs, expenses, attorney fees, and damages if the court determines that the person did not act in good faith in refusing to accept the authority of the conservator.    Amended by Chapter 403, 2017 General Session
UT Code § 75-5-422 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5 - Protection of Persons Under Disability and Their Property|Part 4 - Protection of Property of Persons Under Disability and Minors|Section 422 - Sale, encumbrance or transaction involving conflict of interest -- Voidable -- Exceptions.

75-5-422. Sale, encumbrance or transaction involving conflict of interest -- Voidable -- Exceptions.  Any sale or encumbrance to a conservator, his spouse, agent, or attorney, or any corporation or trust in which he has a substantial beneficial interest, or any transaction which is affected by a substantial conflict of interest, is voidable unless the transaction is approved by the court after notice to interested persons and others as directed by the court.  Enacted by Chapter 150, 1975 General Session