reglab/housing_qa huggingface dataset:
UT Code § 75-5-423 (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 423 - Persons dealing with conservators -- Protection.

75-5-423. Persons dealing with conservators -- Protection.  A person who in good faith either assists a conservator or deals with him for value in any transaction, other than those requiring a court order as provided in Section 75-5-408, is protected as if the conservator properly exercised the power. The fact that a person knowingly deals with a conservator does not alone require the person to inquire into the existence of a power or the propriety of its exercise, except that restrictions on powers of conservators which are endorsed on letters as provided in Section 75-5-426 are effective as to third persons. A person is not bound to see to the proper application of estate assets paid or delivered to a conservator. The protection here expressed extends to instances in which some procedural irregularity or jurisdictional defect occurred in proceedings leading to the issuance of letters. The protection here expressed is not by substitution for that provided by comparable provisions of the laws relating to commercial transactions and laws simplifying transfers of securities by fiduciaries.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-5-426 (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 426 - Enlargement or limitation of powers of conservator.

75-5-426. Enlargement or limitation of powers of conservator.  Subject to the restrictions of Subsection 75-5-408(1)(d), the court may confer on a conservator at the time of appointment or later, in addition to the powers conferred on him by Sections 75-5-424 and 75-5-425, any power which the court itself could exercise under Subsections 75-5-408(1)(b) and 75-5-408(1)(c). The court may, at the time of appointment or later, limit the powers of a conservator otherwise conferred by Sections 75-5-424 and 75-5-425, or previously conferred by the court, and may at any time relieve him of any limitation. If the court limits any power conferred on the conservator by Section 75-5-424 or 75-5-425, the limitation shall be endorsed upon his letters of appointment.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-5-427 (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 427 - Preservation of estate plan.

75-5-427. Preservation of estate plan.  In investing the estate, and in selecting assets of the estate for distribution under Subsections 75-5-425(1) and (2), in utilizing powers of revocation or withdrawal available for the support of the protected person, and exercisable by the conservator or the court, the conservator and the court should take into account any known estate plan of the protected person, including his will, any revocable trust of which he is settlor, and any contract, transfer, or joint ownership arrangement with provisions for payment or transfer of benefits or interests at his death to another or others which he may have originated. The conservator may examine the will of the protected person.  Amended by Chapter 194, 1977 General Session
UT Code § 75-5-428 (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 428 - Claims against protected person -- Enforcement.

75-5-428. Claims against protected person -- Enforcement.    (1) A conservator must pay from the estate all just claims against the estate and against the protected person arising before or after the conservatorship upon their presentation and allowance. A claim may be presented by either of the following methods:   (a) The claimant may deliver or mail to the conservator a written statement of the claim indicating its basis, the name and address of the claimant, and the amount claimed.     (b) The claimant may file a written statement of the claim, in the form prescribed by rule, with the clerk of the court and deliver or mail a copy of the statement to the conservator. A claim is considered 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.       (2) A presented claim is allowed if it is not disallowed by written statement mailed by the conservator to the claimant within 60 days after its presentation. The presentation of a claim tolls any statute of limitation relating to the claim until 30 days after its disallowance.     (3) A claimant whose claim has not been paid may petition the court for determination of his claim at any time before it is barred by the applicable statute of limitation, and, upon due proof, procure an order for its allowance and payment from the estate. If a proceeding is pending against a protected person at the time of appointment of a conservator or is initiated against the protected person thereafter, the moving party must give notice of the proceeding to the conservator if the outcome is to constitute a claim against the estate.     (4) If it appears that the estate in conservatorship is likely to be exhausted before all existing claims are paid, preference is to be given to prior claims for the care, maintenance, and education of the protected person or his dependents and existing claims for expenses of administration.    Amended by Chapter 306, 2007 General Session
UT Code § 75-5-429 (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 429 - Individual liability of conservator.

75-5-429. Individual liability of conservator.    (1) Unless otherwise provided in the contract, a conservator is not individually liable on a contract properly entered into in his fiduciary capacity in the course of administration of the estate unless he fails to reveal his representative capacity and identify the estate in the contract.     (2) The conservator is individually liable for obligations arising from ownership or control of property of the estate or for torts committed in the course of administration of the estate only if he is personally at fault.     (3) Claims based on contracts entered into by a conservator in his fiduciary capacity, on obligations arising from ownership or control of the estate, or on torts committed in the course of administration of the estate may be asserted against the estate by proceeding against the conservator in his fiduciary capacity, whether or not the conservator is individually liable therefor.     (4) Any question of liability between the estate and the conservator individually may be determined in a proceeding for accounting, surcharge, indemnification, or other appropriate proceeding or action.    Enacted by Chapter 150, 1975 General Session
UT Code § 75-5-430 (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 430 - Termination of proceeding.

75-5-430. Termination of proceeding.  The protected person, his personal representative, the conservator, or any other interested person may petition the court to terminate the conservatorship. A protected person seeking termination is entitled to the same rights and procedures as in an original proceeding for a protective order. The court, upon determining after notice and hearing that the minority or disability of the protected person has ceased, may terminate the conservatorship. Upon termination, title to assets of the estate passes to the former protected person or to his successors, subject to provision in the order for expenses of administration or to conveyances from the conservator to the former protected persons or his successors to evidence the transfer.  Enacted by Chapter 150, 1975 General Session
UT Code § 75-5-431 (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 431 - Payment of debt and delivery of property to foreign conservator without local proceedings.

75-5-431. Payment of debt and delivery of property to foreign conservator without local proceedings.    (1) Any person indebted to a protected person, or having possession of property or of an instrument evidencing a debt, stock, or chose in action belonging to a protected person, may pay or deliver to a conservator, guardian of the estate, or other like fiduciary appointed by a court of the state of residence of the protected person, upon being presented with proof of his appointment and an affidavit made by him or on his behalf stating:   (a) That no protective proceeding relating to the protected person is pending in this state; and     (b) That the foreign conservator is entitled to payment or to receive delivery.       (2) If the person to whom the affidavit is presented is not aware of any protective proceeding pending in this state, payment or delivery in response to the demand and affidavit discharges the debtor or possessor.    Enacted by Chapter 150, 1975 General Session
UT Code § 75-5-432 (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 432 - Foreign conservator -- Proof of authority -- Bond -- Powers.

75-5-432. Foreign conservator -- Proof of authority -- Bond -- Powers.  If no local conservator has been appointed and no petition in a protective proceeding is pending in this state, a domiciliary foreign conservator may file with a court in this state in a county in which property belonging to the protected person is located, authenticated copies of his appointment and of any official bond he has given. Thereafter, he may exercise as to assets in this state all powers of a local conservator and may maintain actions and proceedings in this state subject to any conditions imposed upon nonresident parties generally.  Amended by Chapter 194, 1977 General Session
UT Code § 75-5-433 (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 433 - Embezzlement of protected person's estate -- Citation to person suspected.

75-5-433. Embezzlement of protected person's estate -- Citation to person suspected.  Upon petition made by any interested person against anyone suspected of having concealed, embezzled, or conveyed away any of the money, goods or effects, or an instrument in writing, belonging to the protected person, ward, or to his estate, the court may cite the suspected person to appear before it and may examine and proceed with him on the charge; and if on such examination it appears that he has wrongful possession of any such property, the court may order the delivery of the same to the conservator or guardian.  Amended by Chapter 194, 1977 General Session
UT Code § 75-5b-101 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Part 1 - General Provisions|Section 101 - Title.

75-5b-101. Title.  This chapter is known as the "Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act."  Enacted by Chapter 253, 2008 General Session
UT Code § 75-5b-103 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Part 1 - General Provisions|Section 103 - International application.

75-5b-103. International application.  A court of this state may treat a foreign country as if it were a state for the purpose of applying Part 1, General Provisions, Part 2, Jurisdiction, Part 3, Transfer of Jurisdiction, and Part 5, Miscellaneous Provisions.  Enacted by Chapter 253, 2008 General Session
UT Code § 75-5b-104 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Part 1 - General Provisions|Section 104 - Communication between courts.

75-5b-104. Communication between courts.    (1) A court of this state may communicate with a court in another state concerning a proceeding arising under this chapter. The court may allow the parties to participate in the communication. Except as otherwise provided in Subsection (2), the court shall make a record of the communication. The record may be limited to the fact that the communication occurred.     (2) Courts may communicate concerning schedules, calendars, court records, and other administrative matters without making a record.    Enacted by Chapter 253, 2008 General Session
UT Code § 75-5b-105 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Part 1 - General Provisions|Section 105 - Cooperation between courts.

75-5b-105. Cooperation between courts.    (1) In a guardianship or protective proceeding in this state, a court of this state may request the appropriate court of another state to do any of the following:   (a) hold an evidentiary hearing;     (b) order a person in that state to produce evidence or give testimony pursuant to procedures of that state;     (c) order that an evaluation or assessment be made of the respondent;     (d) order any appropriate investigation of a person involved in a proceeding;     (e) forward to the court of this state a certified copy of the transcript or other record of a hearing under Subsection (1)(a) or any other proceeding, any evidence otherwise produced under Subsection (1)(b), and any evaluation or assessment prepared in compliance with an order under Subsection (1)(c) or (d);     (f) issue any order necessary to assure the appearance in the proceeding of a person whose presence is necessary for the court to make a determination, including the respondent or the incapacitated or protected person; and     (g) issue an order authorizing the release of medical, financial, criminal, or other relevant information in that state, including protected health information as defined in 45 Code of Federal Regulations Section 164.504.       (2) If a court of another state in which a guardianship or protective proceeding is pending requests assistance of the kind provided in Subsection (1), a court of this state has jurisdiction for the limited purpose of granting the request or making reasonable efforts to comply with the request.    Enacted by Chapter 253, 2008 General Session
UT Code § 75-5b-106 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Part 1 - General Provisions|Section 106 - Taking testimony in another state.

75-5b-106. Taking testimony in another state.    (1) In a guardianship or protective proceeding, in addition to other procedures that may be available, testimony of a witness who is located in another state may be offered by deposition or other means allowable in this state for testimony taken in another state. The court on its own motion may order that the testimony of a witness be taken in another state and may prescribe the manner in which and the terms upon which the testimony is to be taken.     (2) In a guardianship or protective proceeding, a court in this state may permit a witness located in another state to be deposed or to testify by telephone, audiovisual, or other electronic means. A court of this state shall cooperate with courts of other states in designating an appropriate location for the deposition or testimony.     (3) Documentary evidence transmitted from another state to a court of this state by technological means that do not produce an original writing may not be excluded from evidence on an objection based on the best evidence rule.    Enacted by Chapter 253, 2008 General Session
UT Code § 75-5b-201 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Part 2 - Jurisdiction|Section 201 - Exclusive basis -- Significant connection.

75-5b-201. Exclusive basis -- Significant connection.    (1) This part provides the exclusive jurisdictional basis for a court of this state to appoint a guardian or issue a protective order for an adult.     (2) In determining under Section 75-5b-203 and Subsection 75-5b-301(5) whether a respondent has a significant connection with a particular state, the court shall consider:   (a) the location of the respondent's family and other persons required to be notified of the guardianship or protective proceeding;     (b) the length of time the respondent at any time was physically present in the state and the duration of any absence;     (c) the location of the respondent's property; and     (d) the extent to which the respondent has ties to the state such as voting registration, state or local tax return filing, vehicle registration, driver license, social relationship, and receipt of services.      Enacted by Chapter 253, 2008 General Session
UT Code § 75-5b-202 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Part 2 - Jurisdiction|Section 202 - Jurisdiction.

75-5b-202. Jurisdiction.  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 75-5b-205;         (3) this state does not have jurisdiction under either Subsection (1) or (2), the respondent's home state and all significant-connection states have declined to exercise jurisdiction because this state is the more appropriate forum, and jurisdiction in this state is consistent with the constitutions of this state and the United States; or     (4) the requirements for special jurisdiction under Section 75-5b-204 are met.    Enacted by Chapter 253, 2008 General Session
UT Code § 75-5b-203 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Part 2 - Jurisdiction|Section 203 - Special jurisdiction.

75-5b-203. Special jurisdiction.    (1) A court of this state lacking jurisdiction under Section 75-5b-202 has jurisdiction to do any of the following:   (a) appoint a guardian in an emergency for a term not exceeding 90 days for a respondent who is physically present in this state;     (b) issue a protective order with respect to real or tangible personal property located in this state; and     (c) appoint a guardian or conservator for an incapacitated or protected person for whom a provisional order to transfer the proceeding from another state has been issued under procedures similar to Section 75-5b-301.       (2) If a petition for the appointment of a guardian in an emergency is brought in this state and this state was not the respondent's home state on the date the petition was filed, the court shall dismiss the proceeding at the request of the court of the home state, if any, whether dismissal is requested before or after the emergency appointment.    Enacted by Chapter 253, 2008 General Session
UT Code § 75-5b-204 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Part 2 - Jurisdiction|Section 204 - Exclusive and continuing jurisdiction.

75-5b-204. Exclusive and continuing jurisdiction.  Except as otherwise provided in Section 75-5b-203, a court that has appointed a guardian or issued a protective order consistent with this chapter has exclusive and continuing jurisdiction over the proceeding until it is terminated by the court or the appointment or order expires by its own terms.  Enacted by Chapter 253, 2008 General Session
UT Code § 75-5b-205 (2021)
2021 Utah Code|Title 75 - Utah Uniform Probate Code|Chapter 5b - Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act|Part 2 - Jurisdiction|Section 205 - Declining jurisdiction if another court is a more appropriate forum.

75-5b-205. Declining jurisdiction if another court is a more appropriate forum.    (1) A court of this state having jurisdiction under Section 75-5b-202 to appoint a guardian or issue a protective order may decline to exercise its jurisdiction if it determines at any time that a court of another state is a more appropriate forum.     (2) If a court of this state declines to exercise its jurisdiction under Subsection (1), it shall either dismiss or stay the proceeding. The court may impose any other condition the court considers just and proper, including the condition that a petition for the appointment of a guardian or issuance of a protective order be promptly filed in another state.     (3) In determining whether it is an appropriate forum, the court shall consider all relevant factors, including:   (a) any expressed preference of the respondent;     (b) whether abuse, neglect, or exploitation of the respondent has occurred or is likely to occur and which state could best protect the respondent from the abuse, neglect, or exploitation;     (c) the length of time the respondent was physically located in or was a legal resident of this or another state;     (d) the distance of the respondent from the court in each state;     (e) the financial circumstances of the respondent's estate;     (f) the nature and location of the evidence;     (g) the ability of the court in each state to decide the issue expeditiously and the procedures necessary to present evidence;     (h) the familiarity of the court of each state with the facts and issues in the proceeding; and     (i) if an appointment were made, the court's ability to monitor the conduct of the guardian or conservator.      Enacted by Chapter 253, 2008 General Session